Disability Services Act 2006
sec.151Containing or secluding an adult under containment or seclusion approval
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sec.151 Containing or secluding an adult under containment or seclusion approval
A relevant service provider may contain or seclude an adult with an intellectual or cognitive disability if— the containment or seclusion is necessary to prevent the adult’s behaviour causing harm to the adult or others; and the containment or seclusion is the least restrictive way of ensuring the safety of the adult or others; and the containment or seclusion complies with— a containment or seclusion approval; and if the containment or seclusion approval is not given as an interim order under the GAA, section 80ZR —a positive behaviour support plan for the adult developed by the chief executive under this division; and the relevant service provider complies with section 165 . For subsection (1) (c) (ii) , the adult is not contained or secluded in compliance with the positive behaviour support plan if the relevant service provider does not implement the positive strategies stated in the plan. It is not necessary to obtain the adult’s consent to the containment or seclusion of the adult under this section. s 151 prev s 151 om 2014 No. 12 s 59 pres s 151 ins 2008 No. 23 s 7 amd 2014 No. 5 s 14 (sec.151-ssec.1) A relevant service provider may contain or seclude an adult with an intellectual or cognitive disability if— the containment or seclusion is necessary to prevent the adult’s behaviour causing harm to the adult or others; and the containment or seclusion is the least restrictive way of ensuring the safety of the adult or others; and the containment or seclusion complies with— a containment or seclusion approval; and if the containment or seclusion approval is not given as an interim order under the GAA, section 80ZR —a positive behaviour support plan for the adult developed by the chief executive under this division; and the relevant service provider complies with section 165 . (sec.151-ssec.2) For subsection (1) (c) (ii) , the adult is not contained or secluded in compliance with the positive behaviour support plan if the relevant service provider does not implement the positive strategies stated in the plan. (sec.151-ssec.3) It is not necessary to obtain the adult’s consent to the containment or seclusion of the adult under this section.
- (a) the containment or seclusion is necessary to prevent the adult’s behaviour causing harm to the adult or others; and
- (b) the containment or seclusion is the least restrictive way of ensuring the safety of the adult or others; and
- (c) the containment or seclusion complies with— (i) a containment or seclusion approval; and (ii) if the containment or seclusion approval is not given as an interim order under the GAA, section 80ZR —a positive behaviour support plan for the adult developed by the chief executive under this division; and
- (i) a containment or seclusion approval; and