Disability Services Act 2006
sec.251Immunity of previous service provider
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sec.251 Immunity of previous service provider
A previous service provider is not criminally or civilly liable for using a restrictive practice before the commencement in relation to an adult with an intellectual or cognitive disability if— the previous service provider acted honestly and without negligence; and using the restrictive practice was— necessary to prevent the adult’s behaviour causing harm to the adult or others; and the least restrictive way of ensuring the safety of the adult or others; and within a reasonable time before using the restrictive practice, the previous service provider assessed the adult to identify— the nature and causes of the adult’s behaviour that caused harm to the adult or others; and strategies for managing the adult’s behaviour that caused harm to the adult or others, and for meeting the adult’s needs; and the previous service provider carried out monitoring in relation to use of the restrictive practice to ensure the safety of the adult. s 251 ins 2008 No. 23 s 12
- (a) the previous service provider acted honestly and without negligence; and
- (b) using the restrictive practice was— (i) necessary to prevent the adult’s behaviour causing harm to the adult or others; and (ii) the least restrictive way of ensuring the safety of the adult or others; and
- (i) necessary to prevent the adult’s behaviour causing harm to the adult or others; and
- (ii) the least restrictive way of ensuring the safety of the adult or others; and
- (c) within a reasonable time before using the restrictive practice, the previous service provider assessed the adult to identify— (i) the nature and causes of the adult’s behaviour that caused harm to the adult or others; and (ii) strategies for managing the adult’s behaviour that caused harm to the adult or others, and for meeting the adult’s needs; and
- (i) the nature and causes of the adult’s behaviour that caused harm to the adult or others; and
- (ii) strategies for managing the adult’s behaviour that caused harm to the adult or others, and for meeting the adult’s needs; and
- (d) the previous service provider carried out monitoring in relation to use of the restrictive practice to ensure the safety of the adult.
- (i) necessary to prevent the adult’s behaviour causing harm to the adult or others; and
- (ii) the least restrictive way of ensuring the safety of the adult or others; and
- (i) the nature and causes of the adult’s behaviour that caused harm to the adult or others; and
- (ii) strategies for managing the adult’s behaviour that caused harm to the adult or others, and for meeting the adult’s needs; and