sec.218Immunity from liability— division 2 service provider

sec.218 Immunity from liability— division 2 service provider

A division 2 service provider is not civilly or criminally liable for locking gates, doors or windows if— the division 2 service provider acts honestly and without negligence; and the division 2 service provider keeps and implements a policy about the locking of gates, doors and windows that is consistent with the department’s policy about the locking of gates, doors and windows; and the gates, doors or windows are locked in compliance with the policy; and the division 2 service provider takes reasonable steps to minimise the impact of locking the gates, doors or windows on a person living at the premises who is not an adult with a skills deficit. Subsection (1) applies to the extent the locking of the gates, doors or windows prevents the free exit from the premises of— an adult with a skills deficit; or any other person living at the premises, other than an adult with an intellectual or cognitive disability who is contained within the meaning of part 6 . In this section— keep and implement , for a policy, means— prepare the policy and keep it up to date; and when providing disability services or NDIS supports or services, implement and comply with the procedures and other matters stated in the policy; and keep a copy of the up-to-date policy at the premises. s 218 ins 2008 No. 23 s 8 amd 2019 No. 19 s 36 ; 2020 No. 39 s 70 sch 1 (sec.218-ssec.1) A division 2 service provider is not civilly or criminally liable for locking gates, doors or windows if— the division 2 service provider acts honestly and without negligence; and the division 2 service provider keeps and implements a policy about the locking of gates, doors and windows that is consistent with the department’s policy about the locking of gates, doors and windows; and the gates, doors or windows are locked in compliance with the policy; and the division 2 service provider takes reasonable steps to minimise the impact of locking the gates, doors or windows on a person living at the premises who is not an adult with a skills deficit. (sec.218-ssec.2) Subsection (1) applies to the extent the locking of the gates, doors or windows prevents the free exit from the premises of— an adult with a skills deficit; or any other person living at the premises, other than an adult with an intellectual or cognitive disability who is contained within the meaning of part 6 . (sec.218-ssec.3) In this section— keep and implement , for a policy, means— prepare the policy and keep it up to date; and when providing disability services or NDIS supports or services, implement and comply with the procedures and other matters stated in the policy; and keep a copy of the up-to-date policy at the premises.

• (a) the division 2 service provider acts honestly and without negligence; and
• (b) the division 2 service provider keeps and implements a policy about the locking of gates, doors and windows that is consistent with the department’s policy about the locking of gates, doors and windows; and