sec.152Containing or secluding an adult for respite services or community access services

sec.152 Containing or secluding an adult for respite services or community access services

A relevant service provider may contain or seclude an adult with an intellectual or cognitive disability in the course of providing respite services or community access services to the adult 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 before containing or secluding the adult, the relevant service provider complies with the requirements under division 5 ; and the containment or seclusion complies with— the consent of a guardian for a restrictive practice (respite) matter for the adult; and a respite/community access plan for the adult; and the relevant service provider complies with section 165 . For subsection (1) (d) (ii) , the adult is taken not to be contained or secluded in compliance with the respite/community access plan if the relevant service provider does not implement the positive strategies stated in the plan. This section does not apply if the adult is the subject of a containment or seclusion approval. s 152 prev s 152 om 2014 No. 12 s 59 pres s 152 ins 2008 No. 23 s 7 amd 2014 No. 5 s 15 (sec.152-ssec.1) A relevant service provider may contain or seclude an adult with an intellectual or cognitive disability in the course of providing respite services or community access services to the adult 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 before containing or secluding the adult, the relevant service provider complies with the requirements under division 5 ; and the containment or seclusion complies with— the consent of a guardian for a restrictive practice (respite) matter for the adult; and a respite/community access plan for the adult; and the relevant service provider complies with section 165 . (sec.152-ssec.2) For subsection (1) (d) (ii) , the adult is taken not to be contained or secluded in compliance with the respite/community access plan if the relevant service provider does not implement the positive strategies stated in the plan. (sec.152-ssec.3) This section does not apply if the adult is the subject of a containment or seclusion approval.

• (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) before containing or secluding the adult, the relevant service provider complies with the requirements under division 5 ; and
• (d) the containment or seclusion complies with— (i) the consent of a guardian for a restrictive practice (respite) matter for the adult; and (ii) a respite/community access plan for the adult; and