sec.169Using chemical, mechanical or physical restraint, or restricting access, if consent ended

sec.169 Using chemical, mechanical or physical restraint, or restricting access, if consent ended

This section applies if— the guardian for a restrictive practice matter for an adult with an intellectual or cognitive disability is the public guardian; and the public guardian has given consent (the existing consent ) to the use of a restrictive practice, other than containment or seclusion, in relation to the adult. A relevant service provider may use the restrictive practice after the existing consent ends if— at least 30 days before the existing consent ends, the relevant service provider asks the public guardian, in writing, to consent to the use of the restrictive practice in relation to the adult; and at the time the existing consent ends, the public guardian has not decided whether to give the consent; and use of the restrictive practice— 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 complies with the existing consent and the positive behaviour support plan or respite/community access plan for the adult. However, the relevant service provider may only use the restrictive practice under this section until the earlier of the following— the public guardian gives the relevant service provider notice about the public guardian’s decision whether to give the consent; 30 days after the existing consent ends. s 169 prev s 169 om 2014 No. 12 s 59 pres s 169 ins 2014 No. 5 s 22 (amd 2014 No. 26 s 225 ) (sec.169-ssec.1) This section applies if— the guardian for a restrictive practice matter for an adult with an intellectual or cognitive disability is the public guardian; and the public guardian has given consent (the existing consent ) to the use of a restrictive practice, other than containment or seclusion, in relation to the adult. (sec.169-ssec.2) A relevant service provider may use the restrictive practice after the existing consent ends if— at least 30 days before the existing consent ends, the relevant service provider asks the public guardian, in writing, to consent to the use of the restrictive practice in relation to the adult; and at the time the existing consent ends, the public guardian has not decided whether to give the consent; and use of the restrictive practice— 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 complies with the existing consent and the positive behaviour support plan or respite/community access plan for the adult. (sec.169-ssec.3) However, the relevant service provider may only use the restrictive practice under this section until the earlier of the following— the public guardian gives the relevant service provider notice about the public guardian’s decision whether to give the consent; 30 days after the existing consent ends.