Disability Services Act 2006
sec.177Requirement for relevant service provider to notify relevant director
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sec.177 Requirement for relevant service provider to notify relevant director
This section applies if— a relevant service provider develops or changes a positive behaviour support plan for an adult under this division; and a guardian for a restrictive practice (general) matter, or an informal decision-maker, for the adult consents to the use of a restrictive practice by the relevant service provider in relation to the adult; and the relevant service provider is or becomes aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 , or is a forensic disability client. The relevant service provider must— give notice to the relevant director of the terms of the consent given by the guardian or informal decision-maker as soon as practicable after the later of— the consent being given; or the relevant service provider becoming aware as mentioned in subsection (1) (c) ; and if asked by the relevant director, give the director a copy of the positive behaviour support plan for the adult. In this section— relevant director means— if the adult is a forensic disability client—the director of forensic disability; or otherwise—the chief psychiatrist. s 177 prev s 177 om 2014 No. 12 s 59 pres s 177 ins 2008 No. 23 s 7 amd 2011 No. 13 s 188; 2016 No. 5 s 923 sch 4 (sec.177-ssec.1) This section applies if— a relevant service provider develops or changes a positive behaviour support plan for an adult under this division; and a guardian for a restrictive practice (general) matter, or an informal decision-maker, for the adult consents to the use of a restrictive practice by the relevant service provider in relation to the adult; and the relevant service provider is or becomes aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 , or is a forensic disability client. (sec.177-ssec.2) The relevant service provider must— give notice to the relevant director of the terms of the consent given by the guardian or informal decision-maker as soon as practicable after the later of— the consent being given; or the relevant service provider becoming aware as mentioned in subsection (1) (c) ; and if asked by the relevant director, give the director a copy of the positive behaviour support plan for the adult. (sec.177-ssec.3) In this section— relevant director means— if the adult is a forensic disability client—the director of forensic disability; or otherwise—the chief psychiatrist.
- (a) a relevant service provider develops or changes a positive behaviour support plan for an adult under this division; and
- (b) a guardian for a restrictive practice (general) matter, or an informal decision-maker, for the adult consents to the use of a restrictive practice by the relevant service provider in relation to the adult; and