Disability Services Act 2006
sec.144Definitions for part
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sec.144 Definitions for part
In this part— adult with an intellectual or cognitive disability means an adult with a disability who has a condition attributable to an intellectual or cognitive impairment, or a combination of the impairments. appropriately qualified see section 149 . assessment see section 148 (3) . authorised psychiatrist see the Mental Health Act 2016 , schedule 3 . s 144 def authorised psychiatrist amd 2011 No. 13 s 180; 2016 No. 5 s 923 sch 4 chemical restraint see section 145 . chemical restraint (fixed dose) means chemical restraint using medication that is administered at fixed intervals and times. chief psychiatrist see the Mental Health Act 2016 , schedule 3 . s 144 def chief psychiatrist ins 2016 No. 5 s 923 sch 4 community access services means disability services or NDIS supports or services that are— community access services provided to an adult with an intellectual or cognitive disability who does not receive disability services or NDIS supports or services other than respite services or community access services from a relevant service provider; and funded as community access services by the department or the Commonwealth, including under the National Disability Insurance Scheme Act 2013 (Cwlth) . s 144 def community access services amd 2020 No. 39 s 70 sch 1 contain see section 146 . containment or seclusion approval means approval given by the tribunal under the GAA, chapter 5B , part 2 for a relevant service provider to contain or seclude, or use another restrictive practice in relation to, an adult with an intellectual or cognitive disability. s 144 def containment or seclusion approval amd 2009 No. 24 s 56 (2) decision notice , for a decision of the chief executive, means a notice stating the following— the decision and the reasons for it; that the entity to which the notice is given may apply for review of the decision under section 187 within 28 days after the entity receives the notice; how to apply for review of the decision. s 144 def decision notice amd 2019 No. 19 s 81 sch 1 director of mental health ... s 144 def director of mental health om 2016 No. 5 s 923 sch 4 GAA means the Guardianship and Administration Act 2000 . guardian for a restrictive practice (general) matter , for an adult with an intellectual or cognitive disability, means a guardian for a restrictive practice (general) matter appointed for the adult under the GAA, chapter 5B . guardian for a restrictive practice matter , for an adult with an intellectual or cognitive disability, means a guardian for a restrictive practice (general) matter, or a guardian for a restrictive practice (respite) matter, for the adult. guardian for a restrictive practice (respite) matter , for an adult with an intellectual or cognitive disability, means a guardian for a restrictive practice (respite) matter appointed for the adult under the GAA, chapter 5B . guardianship tribunal ... s 144 def guardianship tribunal om 2009 No. 24 s 56 (1) harm to a person means— physical harm to the person; or a serious risk of physical harm to the person; or damage to property involving a serious risk of physical harm to the person. informal decision-maker , for an adult with an intellectual or cognitive disability, means a member of the adult’s support network, other than a paid carer for the adult within the meaning of the GAA. keep and implement ... s 144 def keep and implement om 2014 No. 5 s 8 (1) least restrictive , for use of a restrictive practice in relation to an adult with an intellectual or cognitive disability, means use of the restrictive practice— ensures the safety of the adult or others; and having regard to paragraph (a) , imposes the minimum limits on the freedom of the adult as is practicable in the circumstances. mechanical restraint see section 147 . model positive behaviour support plan means a plan of that name prepared by the chief executive and published on the department’s website. s 144 def model positive behaviour support plan ins 2014 No. 5 s 8 (2) multidisciplinary assessment see section 148 (4) . physical restraint , of an adult with an intellectual or cognitive disability, means the use, for the primary purpose of controlling the adult’s behaviour, of any part of another person’s body to restrict the free movement of the adult in response to the adult’s behaviour that causes harm to the adult or others. Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm . s 144 def physical restraint amd 2014 No. 5 s 8 (3) positive behaviour support plan see section 150 . relevant decision-maker (respite) , for an adult with an intellectual or cognitive disability, means— a guardian for a restrictive practice (respite) matter for the adult; or for a restrictive practice other than chemical restraint used under section 167 , if there is no guardian for a restrictive practice (respite) matter for the adult—an informal decision-maker for the adult. respite/community access plan see section 181 (2) . respite services means disability services or NDIS supports or services that are— respite services provided to an adult with an intellectual or cognitive disability who does not receive disability services or NDIS supports or services other than respite services or community access services from a relevant service provider; and funded as respite services by the department or the Commonwealth, including under the National Disability Insurance Scheme Act 2013 (Cwlth) . s 144 def respite services amd 2020 No. 39 s 70 sch 1 restricting access , of an adult with an intellectual or cognitive disability, means restricting the adult’s access, at a place where the adult receives disability services or NDIS supports or services, to an object in response to the adult’s behaviour that causes harm to the adult or others to prevent the adult using the object to cause harm to the adult or others. if an adult has a history of using knives to cause harm to others, locking a drawer in which knives are kept to prevent the adult using the knives to cause harm if an adult has Prader-Willi syndrome, restricting the adult’s access to a particular cupboard or particular parts of the fridge to prevent the adult eating in a way that is likely to harm the adult Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm . s 144 def restricting access amd 2014 No. 5 s 8 (4)–(7); 2020 No. 39 s 70 sch 1 restrictive practice means any of the following practices used to respond to the behaviour of an adult with an intellectual or cognitive disability that causes harm to the adult or others— containing or secluding the adult; using chemical, mechanical or physical restraint on the adult; restricting access of the adult. Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm . s 144 def restrictive practice sub 2014 No. 5 s 8 (1)–(2) seclude an adult with an intellectual or cognitive disability means physically confine the adult alone, at any time of the day or night, in a room or area from which free exit is prevented in response to the adult’s behaviour that causes harm to the adult or others. Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 144 , definition harm . s 144 def seclude amd 2014 No. 5 s 8 (8) short term approval means an approval given by— the public guardian under the GAA, chapter 5B , part 4 ; or the chief executive under section 178 . s 144 def short term approval amd 2014 No. 26 s 215 short term plan ... s 144 def short term plan om 2014 No. 5 s 8 (1) support network ... s 144 def support network om 2012 No. 36 s 8 s 144 prev s 144 om 2014 No. 12 s 59 pres s 144 ins 2008 No. 23 s 7 amd 2020 No. 39 s 70 sch 1