sec.253Immunity of relevant service provider

sec.253 Immunity of relevant service provider

A relevant service provider is not criminally or civilly liable for using a restrictive practice during the transitional period in relation to an adult with an intellectual or cognitive disability if— the relevant service provider acts honestly and without negligence; and use of the restrictive practice is— 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 either— if there is an authorised guardian for the adult in relation to the restrictive practice—the restrictive practice is used in compliance with the consent of the authorised guardian; or otherwise—the relevant service provider complies with section 254; and the relevant service provider carries out monitoring in relation to use of the restrictive practice to ensure the safety of the adult; and for containment or seclusion—within 60 days after first containing or secluding the adult on or after the commencement, the relevant service provider gives notice to the chief executive in the approved form of the containment or seclusion of the adult; and from the first day after the end of the compliance period until the last day of the transitional period—the relevant service provider keeps and implements a policy about use of the restrictive practice during the transitional period that is consistent with the department’s policy about use of the restrictive practice mentioned in section 258. Subsection (1)(b) to (d) does not apply if the restrictive practice is chemical restraint (fixed dose) used in the course of providing respite services to the adult. This section is subject to section 257. s 253 ins 2008 No. 23 s 12 (sec.253-ssec.1) A relevant service provider is not criminally or civilly liable for using a restrictive practice during the transitional period in relation to an adult with an intellectual or cognitive disability if— the relevant service provider acts honestly and without negligence; and use of the restrictive practice is— 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 either— if there is an authorised guardian for the adult in relation to the restrictive practice—the restrictive practice is used in compliance with the consent of the authorised guardian; or otherwise—the relevant service provider complies with section 254; and the relevant service provider carries out monitoring in relation to use of the restrictive practice to ensure the safety of the adult; and for containment or seclusion—within 60 days after first containing or secluding the adult on or after the commencement, the relevant service provider gives notice to the chief executive in the approved form of the containment or seclusion of the adult; and from the first day after the end of the compliance period until the last day of the transitional period—the relevant service provider keeps and implements a policy about use of the restrictive practice during the transitional period that is consistent with the department’s policy about use of the restrictive practice mentioned in section 258. (sec.253-ssec.2) Subsection (1)(b) to (d) does not apply if the restrictive practice is chemical restraint (fixed dose) used in the course of providing respite services to the adult. (sec.253-ssec.3) This section is subject to section 257.