sec.154Containing or secluding an adult before decision on short term approval

sec.154 Containing or secluding an adult before decision on short term approval

A relevant service provider may contain or seclude an adult with an intellectual or cognitive disability if— the relevant service provider has asked the public guardian, in writing, for an approval under the GAA, chapter 5B , part 4 to contain or seclude the adult and the request has not been decided; and the containment or seclusion— is necessary to prevent the adult’s behaviour causing harm to the adult or others; and is the least restrictive way of ensuring the safety of the adult or others; and a positive behaviour support plan or a respite/community access plan for the adult is being implemented; and the relevant service provider complies with section 165 . However, the relevant service provider may only contain or seclude the adult until the earlier of the following— the relevant service provider is given notice about the public guardian’s decision on the request; 30 days after the relevant service provider asks for the short term approval. It is not necessary to obtain the adult’s consent to the containment or seclusion of the adult under this section. s 154 prev s 154 om 2014 No. 12 s 59 pres s 154 ins 2014 No. 5 s 17 (amd 2014 No. 26 s 224 ) (sec.154-ssec.1) A relevant service provider may contain or seclude an adult with an intellectual or cognitive disability if— the relevant service provider has asked the public guardian, in writing, for an approval under the GAA, chapter 5B , part 4 to contain or seclude the adult and the request has not been decided; and the containment or seclusion— is necessary to prevent the adult’s behaviour causing harm to the adult or others; and is the least restrictive way of ensuring the safety of the adult or others; and a positive behaviour support plan or a respite/community access plan for the adult is being implemented; and the relevant service provider complies with section 165 . (sec.154-ssec.2) However, the relevant service provider may only contain or seclude the adult until the earlier of the following— the relevant service provider is given notice about the public guardian’s decision on the request; 30 days after the relevant service provider asks for the short term approval. (sec.154-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 relevant service provider has asked the public guardian, in writing, for an approval under the GAA, chapter 5B , part 4 to contain or seclude the adult and the request has not been decided; and
• (b) the containment or seclusion— (i) is necessary to prevent the adult’s behaviour causing harm to the adult or others; and (ii) is the least restrictive way of ensuring the safety of the adult or others; and
• (i) is necessary to prevent the adult’s behaviour causing harm to the adult or others; and