Disability Services Act 2006
sec.146Meaning of contain
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sec.146 Meaning of contain
Contain an adult with an intellectual or cognitive disability means physically prevent the free exit of the adult from premises where the adult receives disability services or NDIS supports or services, other than by secluding 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 . However, the adult is not contained if— the adult is an adult with a skills deficit under part 8 , division 2 ; and the adult’s free exit from the premises is prevented by the locking of gates, doors or windows under that part. In this section— premises includes the land around a building or other structure, but does not include a vehicle. s 146 prev s 146 om 2014 No. 12 s 59 pres s 146 ins 2008 No. 23 s 7 amd 2014 No. 5 s 10; 2020 No. 39 s 70 sch 1 (sec.146-ssec.1) Contain an adult with an intellectual or cognitive disability means physically prevent the free exit of the adult from premises where the adult receives disability services or NDIS supports or services, other than by secluding 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 . (sec.146-ssec.2) However, the adult is not contained if— the adult is an adult with a skills deficit under part 8 , division 2 ; and the adult’s free exit from the premises is prevented by the locking of gates, doors or windows under that part. (sec.146-ssec.3) In this section— premises includes the land around a building or other structure, but does not include a vehicle.
- (a) the adult is an adult with a skills deficit under part 8 , division 2 ; and
- (b) the adult’s free exit from the premises is prevented by the locking of gates, doors or windows under that part.