sec.252Immunity of individual acting for previous service provider

sec.252 Immunity of individual acting for previous service provider

This section applies to an individual who, acting for a previous service provider before the commencement, used a restrictive practice in relation to an adult with an intellectual or cognitive disability. The individual is not criminally or civilly liable for using the restrictive practice if— the individual acted honestly and without negligence; and use of the restrictive practice was necessary, or the individual reasonably believed use of the restrictive practice was necessary, to prevent the adult’s behaviour causing harm to the adult or others. s 252 ins 2008 No. 23 s 12 (sec.252-ssec.1) This section applies to an individual who, acting for a previous service provider before the commencement, used a restrictive practice in relation to an adult with an intellectual or cognitive disability. (sec.252-ssec.2) The individual is not criminally or civilly liable for using the restrictive practice if— the individual acted honestly and without negligence; and use of the restrictive practice was necessary, or the individual reasonably believed use of the restrictive practice was necessary, to prevent the adult’s behaviour causing harm to the adult or others.

• (a) the individual acted honestly and without negligence; and
• (b) use of the restrictive practice was necessary, or the individual reasonably believed use of the restrictive practice was necessary, to prevent the adult’s behaviour causing harm to the adult or others.