sec.167Using chemical, mechanical or physical restraint, or restricting access, for respite services or community access services

sec.167 Using chemical, mechanical or physical restraint, or restricting access, for respite services or community access services

A relevant service provider may use chemical, mechanical or physical restraint on, or restrict access of, an adult with an intellectual or cognitive disability in the course of providing respite services or community access services to the adult 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 before using the restrictive practice, the relevant service provider complies with the requirements under division 5 ; and use of the restrictive practice complies with— the consent of a relevant decision-maker (respite) for the adult; and a respite/community access plan for the adult. For subsection (1) (d) (ii) , the restrictive practice is not used 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. This section does not apply to chemical restraint (fixed dose) used in the course of providing respite services to the adult. s 167 prev s 167 om 2014 No. 12 s 59 pres s 167 ins 2008 No. 23 s 7 amd 2014 No. 5 s 20 (sec.167-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 in the course of providing respite services or community access services to the adult 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 before using the restrictive practice, the relevant service provider complies with the requirements under division 5 ; and use of the restrictive practice complies with— the consent of a relevant decision-maker (respite) for the adult; and a respite/community access plan for the adult. (sec.167-ssec.2) For subsection (1) (d) (ii) , the restrictive practice is not used in compliance with the respite/community access plan if the relevant service provider does not implement the positive strategies stated in the plan. (sec.167-ssec.3) This section does not apply if the adult is the subject of a containment or seclusion approval. (sec.167-ssec.4) This section does not apply to chemical restraint (fixed dose) used in the course of providing respite services to the adult.

• (a) use of the restrictive practice is necessary to prevent the adult’s behaviour causing harm to the adult or others; and
• (b) use of the restrictive practice is the least restrictive way of ensuring the safety of the adult or others; and