sec.255Immunity for individual acting for relevant service provider

sec.255 Immunity for individual acting for relevant service provider

This section applies to an individual who, acting for a relevant service provider during the transitional period, uses 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 acts honestly and without negligence; and use of the restrictive practice is necessary, or the individual reasonably believes use of the restrictive practice is necessary, to prevent the adult’s behaviour causing harm to the adult or others. Subsection (2)(b) 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 255 ins 2008 No. 23 s 12 (sec.255-ssec.1) This section applies to an individual who, acting for a relevant service provider during the transitional period, uses a restrictive practice in relation to an adult with an intellectual or cognitive disability. (sec.255-ssec.2) The individual is not criminally or civilly liable for using the restrictive practice if— the individual acts honestly and without negligence; and use of the restrictive practice is necessary, or the individual reasonably believes use of the restrictive practice is necessary, to prevent the adult’s behaviour causing harm to the adult or others. (sec.255-ssec.3) Subsection (2)(b) does not apply if the restrictive practice is chemical restraint (fixed dose) used in the course of providing respite services to the adult. (sec.255-ssec.4) This section is subject to section 257.

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