sec.173Requirements for development of positive behaviour support plan—assessment and consultation

sec.173 Requirements for development of positive behaviour support plan—assessment and consultation

This section states the requirements with which the relevant service provider must comply in developing a positive behaviour support plan for the adult. The relevant service provider must— ensure the adult is assessed; and See section 148 for requirements about the assessment of the adult. if the provider is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —ensure the authorised psychiatrist responsible for treating the adult under that Act is given the opportunity to participate in the development of the positive behaviour support plan; and if the provider is aware the adult is a forensic disability client—ensure a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 is given the opportunity to participate in the development of the positive behaviour support plan; and consult with, and consider the views of, the following— the adult; any guardian or informal decision-maker for the adult; any other relevant service provider providing disability services or NDIS supports or services to the adult; another person considered by the provider to be integral to the development of the plan; and a family member who is part of the adult’s support network, a key health care provider or an advocate for the adult have regard to a model positive behaviour support plan. Also, if the relevant service provider proposes to use chemical restraint, the relevant service provider must— consult the adult’s treating doctor; and inform the adult’s treating doctor about— the findings and theories of the person who assessed the adult about the adult’s behaviour that causes harm to the adult or others, including the factors contributing to the behaviour; and the strategies, including other restrictive practices, proposed to be used in conjunction with the use of the chemical restraint for— meeting the adult’s needs and improving the adult’s capabilities and quality of life; and reducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others. The positive behaviour support plan may provide for the use of mechanical or physical restraint only if the use is supported by the recommendations of the person who assessed the adult. s 173 prev s 173 om 2014 No. 12 s 59 pres s 173 ins 2008 No. 23 s 7 amd 2011 No. 13 s 185; 2014 No. 5 s 25; 2016 No. 5 s 923 sch 4 ; 2020 No. 39 s 70 sch 1 (sec.173-ssec.1) This section states the requirements with which the relevant service provider must comply in developing a positive behaviour support plan for the adult. (sec.173-ssec.2) The relevant service provider must— ensure the adult is assessed; and See section 148 for requirements about the assessment of the adult. if the provider is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —ensure the authorised psychiatrist responsible for treating the adult under that Act is given the opportunity to participate in the development of the positive behaviour support plan; and if the provider is aware the adult is a forensic disability client—ensure a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 is given the opportunity to participate in the development of the positive behaviour support plan; and consult with, and consider the views of, the following— the adult; any guardian or informal decision-maker for the adult; any other relevant service provider providing disability services or NDIS supports or services to the adult; another person considered by the provider to be integral to the development of the plan; and a family member who is part of the adult’s support network, a key health care provider or an advocate for the adult have regard to a model positive behaviour support plan. (sec.173-ssec.3) Also, if the relevant service provider proposes to use chemical restraint, the relevant service provider must— consult the adult’s treating doctor; and inform the adult’s treating doctor about— the findings and theories of the person who assessed the adult about the adult’s behaviour that causes harm to the adult or others, including the factors contributing to the behaviour; and the strategies, including other restrictive practices, proposed to be used in conjunction with the use of the chemical restraint for— meeting the adult’s needs and improving the adult’s capabilities and quality of life; and reducing the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others. (sec.173-ssec.4) The positive behaviour support plan may provide for the use of mechanical or physical restraint only if the use is supported by the recommendations of the person who assessed the adult.