sec.171Using chemical, mechanical or physical restraint, or restricting access, before decision on short term approval

sec.171 Using chemical, mechanical or physical restraint, or restricting access, before decision on 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— the relevant service provider has asked the chief executive, in writing, for an approval under section 178 to use the restrictive practice in relation to the adult and the request has not been decided; 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 a positive behaviour support plan or a respite/community access plan for the adult is being implemented. However, the relevant service provider may only use the restrictive practice until the earlier of the following— the relevant service provider is given notice about the chief executive’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 use of a restrictive practice under this section. s 171 prev s 171 om 2014 No. 12 s 59 pres s 171 ins 2014 No. 5 s 24 (sec.171-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— the relevant service provider has asked the chief executive, in writing, for an approval under section 178 to use the restrictive practice in relation to the adult and the request has not been decided; 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 a positive behaviour support plan or a respite/community access plan for the adult is being implemented. (sec.171-ssec.2) However, the relevant service provider may only use the restrictive practice until the earlier of the following— the relevant service provider is given notice about the chief executive’s decision on the request; 30 days after the relevant service provider asks for the short term approval. (sec.171-ssec.3) It is not necessary to obtain the adult’s consent to the use of a restrictive practice under this section.

• (a) the relevant service provider has asked the chief executive, in writing, for an approval under section 178 to use the restrictive practice in relation to the adult and the request has not been decided; 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
• (i) is necessary to prevent the adult’s behaviour causing harm to the adult or others; and