Disability Services Act 2006
sec.170Using chemical, mechanical or physical restraint, or restricting access, under short term approval
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sec.170 Using chemical, mechanical or physical restraint, or restricting access, under short term approval
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— there is an immediate and serious risk of harm to the adult or others; 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 a short term approval. It is not necessary to obtain the adult’s consent to the use of a restrictive practice under this section. s 170 prev s 170 om 2014 No. 12 s 59 pres s 170 ins 2008 No. 23 s 7 amd 2014 No. 5 s 23 (sec.170-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— there is an immediate and serious risk of harm to the adult or others; 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 a short term approval. (sec.170-ssec.2) It is not necessary to obtain the adult’s consent to the use of a restrictive practice under this section.
- (a) there is an immediate and serious risk of harm to the adult or others; and
- (b) use of the restrictive practice— (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 (iii) complies with a short term approval.
- (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
- (iii) complies with a short term approval.
- (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
- (iii) complies with a short term approval.