Disability Services Act 2006
sec.153Containing or secluding an adult under short term approval
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sec.153 Containing or secluding an adult under short term approval
A relevant service provider may contain or seclude an adult with an intellectual or cognitive disability if— there is an immediate and serious risk of harm to the adult or others; and 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 short term approval given by the public guardian under the GAA, chapter 5B , part 4 ; and the relevant service provider complies with section 165 . It is not necessary to obtain the adult’s consent to the containment or seclusion of the adult under this section. s 153 prev s 153 om 2014 No. 12 s 59 pres s 153 ins 2008 No. 23 s 7 amd 2014 No. 26 s 217 ; 2014 No. 5 s 16 (amd 2014 No. 26 s 223 ) (sec.153-ssec.1) A relevant service provider may contain or seclude an adult with an intellectual or cognitive disability if— there is an immediate and serious risk of harm to the adult or others; and 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 short term approval given by the public guardian under the GAA, chapter 5B , part 4 ; and the relevant service provider complies with section 165 . (sec.153-ssec.2) It is not necessary to obtain the adult’s consent to the containment or seclusion of the adult under this section.
- (a) there is an immediate and serious risk of harm to the adult or others; and
- (b) the containment or seclusion is necessary to prevent the adult’s behaviour causing harm to the adult or others; and
- (c) the containment or seclusion is the least restrictive way of ensuring the safety of the adult or others; and
- (d) the containment or seclusion complies with a short term approval given by the public guardian under the GAA, chapter 5B , part 4 ; and
- (e) the relevant service provider complies with section 165 .