sec.166Using chemical, mechanical or physical restraint, or restricting access, with consent of guardian etc.

sec.166 Using chemical, mechanical or physical restraint, or restricting access, with consent of guardian etc.

A relevant service provider may use chemical, mechanical or physical restraint on, or restrict access of, an adult with an intellectual or cognitive disability if— use of the restrictive practice is necessary to prevent the adult’s behaviour causing harm to the adult or others; and use of the restrictive practice is the least restrictive way of ensuring the safety of the adult or others; and either— if the adult is the subject of a containment or seclusion approval—use of the restrictive practice complies with— the 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 division 3 ; or otherwise—use of the restrictive practice complies with— a positive behaviour support plan for the adult developed by the relevant service provider under this division; and the consent of a relevant decision-maker for the adult. For subsection (1) (c) , the restrictive practice is not used in compliance with a positive behaviour support plan if the relevant service provider does not implement the positive strategies stated in the plan. In this section— relevant decision-maker , for an adult with an intellectual or cognitive disability, means— a guardian for a restrictive practice (general) matter for the adult; or for restricting access of the adult, if there is no guardian for a restrictive practice (general) matter for the adult—an informal decision-maker for the adult. s 166 prev s 166 om 2014 No. 12 s 59 pres s 166 ins 2008 No. 23 s 7 amd 2014 No. 5 s 19 (sec.166-ssec.1) A relevant service provider may use chemical, mechanical or physical restraint on, or restrict access of, an adult with an intellectual or cognitive disability if— use of the restrictive practice is necessary to prevent the adult’s behaviour causing harm to the adult or others; and use of the restrictive practice is the least restrictive way of ensuring the safety of the adult or others; and either— if the adult is the subject of a containment or seclusion approval—use of the restrictive practice complies with— the 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 division 3 ; or otherwise—use of the restrictive practice complies with— a positive behaviour support plan for the adult developed by the relevant service provider under this division; and the consent of a relevant decision-maker for the adult. (sec.166-ssec.2) For subsection (1) (c) , the restrictive practice is not used in compliance with a positive behaviour support plan if the relevant service provider does not implement the positive strategies stated in the plan. (sec.166-ssec.3) In this section— relevant decision-maker , for an adult with an intellectual or cognitive disability, means— a guardian for a restrictive practice (general) matter for the adult; or for restricting access of the adult, if there is no guardian for a restrictive practice (general) matter for the adult—an informal decision-maker for the adult.