sec.178Short term approval for use of restrictive practices other than containment or seclusion

sec.178 Short term approval for use of restrictive practices other than containment or seclusion

This section applies if a relevant service provider asks the chief executive for approval to use a restrictive practice, other than containment or seclusion, in relation to an adult with an intellectual or cognitive disability. The chief executive may give the approval only if the chief executive is satisfied— the adult is not the subject of a containment or seclusion approval; and the adult has impaired capacity for making decisions about the use of restrictive practices in relation to the adult; and either— there is no guardian for a restrictive practice (general) matter for the adult; or there is a guardian for a restrictive practice (general) matter for the adult but the guardian has neither given, nor refused to give, consent to the relevant service provider to use the restrictive practice in relation to the adult; and It is not necessary to obtain the adult’s consent to the use of a restrictive practice under a short term approval. See section 170 . there is an immediate and serious risk that, if the approval is not given, the adult’s behaviour will cause harm to the adult or others; and use of the restrictive practice is the least restrictive way of ensuring the safety of the adult or others; and if the restrictive practice is chemical restraint—the relevant service provider has consulted with, and considered the views of, the adult’s treating doctor. If the chief executive has previously given an approval under this section in relation to the adult, the chief executive may give the approval only if satisfied exceptional circumstances justify giving a subsequent approval under this section. In deciding whether to give the approval, the chief executive must, unless it is not practicable in the circumstances, consult with and consider the views of the following persons about the proposed use of the restrictive practice— the adult, or a guardian or informal decision-maker for the adult; if the chief executive is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the authorised psychiatrist responsible for treating the adult under that Act; if the chief executive is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 . The chief executive must, as soon as practicable after deciding whether to give the approval, give the relevant service provider notice of the decision, including, if the approval is given— the conditions to which it is subject; and the period for which it has effect. The chief executive may give the approval subject to the conditions the chief executive considers appropriate. Also, the chief executive must, within 7 days after deciding whether to give the approval, give notice of the decision to the following persons— the public guardian; any person consulted by the chief executive under subsection (4) . A notice for subsection (5) must state each of the following— the name of the adult; the name of the relevant service provider; the chief executive’s decision, including, if the approval is given— the terms of the approval; and the chief executive’s reasons for giving the approval. An entity given notice under subsection (5) or (7) of a decision of the chief executive to give, or refuse to give, the approval may apply, as provided under the QCAT Act , to the tribunal for a review of the decision. In this section— impaired capacity see the Guardianship and Administration Act 2000 , schedule 4 . s 178 prev s 178 om 2014 No. 12 s 59 pres s 178 ins 2008 No. 23 s 7 amd 2009 No. 24 s 60; 2010 No. 42 s 25; 2011 No. 13 s 189; 2014 No. 26 s 218; 2014 No. 5 s 26; 2016 No. 5 s 923 sch 4 ; 2019 No. 19 s 81 sch 1 (sec.178-ssec.1) This section applies if a relevant service provider asks the chief executive for approval to use a restrictive practice, other than containment or seclusion, in relation to an adult with an intellectual or cognitive disability. (sec.178-ssec.2) The chief executive may give the approval only if the chief executive is satisfied— the adult is not the subject of a containment or seclusion approval; and the adult has impaired capacity for making decisions about the use of restrictive practices in relation to the adult; and either— there is no guardian for a restrictive practice (general) matter for the adult; or there is a guardian for a restrictive practice (general) matter for the adult but the guardian has neither given, nor refused to give, consent to the relevant service provider to use the restrictive practice in relation to the adult; and It is not necessary to obtain the adult’s consent to the use of a restrictive practice under a short term approval. See section 170 . there is an immediate and serious risk that, if the approval is not given, the adult’s behaviour will cause harm to the adult or others; and use of the restrictive practice is the least restrictive way of ensuring the safety of the adult or others; and if the restrictive practice is chemical restraint—the relevant service provider has consulted with, and considered the views of, the adult’s treating doctor. (sec.178-ssec.3) If the chief executive has previously given an approval under this section in relation to the adult, the chief executive may give the approval only if satisfied exceptional circumstances justify giving a subsequent approval under this section. (sec.178-ssec.4) In deciding whether to give the approval, the chief executive must, unless it is not practicable in the circumstances, consult with and consider the views of the following persons about the proposed use of the restrictive practice— the adult, or a guardian or informal decision-maker for the adult; if the chief executive is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the authorised psychiatrist responsible for treating the adult under that Act; if the chief executive is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 . (sec.178-ssec.5) The chief executive must, as soon as practicable after deciding whether to give the approval, give the relevant service provider notice of the decision, including, if the approval is given— the conditions to which it is subject; and the period for which it has effect. (sec.178-ssec.6) The chief executive may give the approval subject to the conditions the chief executive considers appropriate. (sec.178-ssec.7) Also, the chief executive must, within 7 days after deciding whether to give the approval, give notice of the decision to the following persons— the public guardian; any person consulted by the chief executive under subsection (4) . (sec.178-ssec.8) A notice for subsection (5) must state each of the following— the name of the adult; the name of the relevant service provider; the chief executive’s decision, including, if the approval is given— the terms of the approval; and the chief executive’s reasons for giving the approval. (sec.178-ssec.9) An entity given notice under subsection (5) or (7) of a decision of the chief executive to give, or refuse to give, the approval may apply, as provided under the QCAT Act , to the tribunal for a review of the decision. (sec.178-ssec.10) In this section— impaired capacity see the Guardianship and Administration Act 2000 , schedule 4 .