The Act creates interlocking duties on officials, clinicians and administrators, and expresses rights to be safeguarded for forensic disability clients. The statutory duties are tightly specified; rights are expressed as guiding principles and procedural protections.
Duties to prepare and implement individual development plans. A senior practitioner must ensure an individual development plan is prepared after a multidisciplinary assessment (ss 13-14). The plan must specify programs to promote development and reduce harmful behaviour, risk management, community transition plans, assessment intervals and medication details including review intervals not more than three months (s 15). The administrator must ensure the client receives care and support required under the plan (s 18) and must ensure regular assessments are carried out and recorded by a senior practitioner as required under the plan (s 19). When a plan is changed, the senior practitioner must make a written record and explain the change to the client and any guardian or informal decision‑maker where practicable (s 17).
Duties about community treatment. A senior practitioner may authorise community treatment only if the tribunal or Mental Health Court has ordered or approved it and the senior practitioner is satisfied the community is not at unacceptable risk (s 20). Where the tribunal orders community treatment, the administrator must ensure the individual development plan is changed to give effect to the order (s 21). The plan must record periods of community treatment and conditions necessary to manage care and protect safety (s 22).
Duties on behaviour control and seclusion. The Act criminalises administration of behaviour control medication, restraint or seclusion except where performed under the Act’s division for each (ss 49, 54, 60). Behaviour control medication must be prescribed by a psychiatrist and administered in accordance with the psychiatrist’s directions by a senior practitioner who is a doctor or registered nurse or under their direction (s 50). The senior practitioner must ensure records of the prescription and administration are kept in the client file and in the individual development plan (s 51). Behaviour control medication and other regulated behaviour controls must be reviewed at least every three months (ss 52, 145). Restraint may be authorised by the director only if it is the least restrictive way to protect health and safety, and the authorisation must be a written order specifying type, reasons, any restrictions, maximum periods, observation intervals and must end no later than three hours after being made (s 56). Seclusion requires senior practitioner authorisation or may be placed by an authorised practitioner in urgent circumstances, subject to similar least restrictive and imminent harm tests, written orders and three‑hour limits, and continuous observation unless the order allows intervals not exceeding 15 minutes (ss 61-64, 70).
Duties on consultation, information and rights communication. The director must prepare a statement of rights and complaints information to be given to clients and allied persons and displayed prominently in the service (ss 29-31). Senior practitioners must talk to the client and, if the client has a guardian or informal decision‑maker, to those persons about the plan (s 16). Section 154 requires that explanations to clients be given in the language or way the client is most likely to understand and with regard to the client’s age, culture, disability and communication ability; if the client likely did not understand, the provider must record that fact in the file (s 154).
Duties of notification to director and record keeping. The administrator must notify the director as soon as practicable of prescriptions of fixed‑dose behaviour control medication (s 71) and of other uses of regulated behaviour controls (s 72). The administrator must keep a register of the use of regulated behaviour controls including details prescribed by regulation (s 74). Numerous provisions require immediate recording in the client file of events: assessments (s 19), medication administration (s 51), restraint and seclusion events (ss 57, 62, 63, 64), searches and seizures (s 80) and medication reviews (s 52, 145).
Duties for searches and seizure and related records. Senior practitioners or authorised practitioners who reasonably believe a client has a harmful thing may search the client or possessions without consent, but must tell the client reasons and how it will be carried out before the search (s 76). There are limits on removing clothing and on same sex searches and privacy protections (s 77). Practitioners may seize things reasonably suspected of being harmful and administrators must handle, return or dispose of seized items following specific options and record the decision (ss 78-79). An immediate written record containing reasons, practitioner name, how search was carried out and results is required (s 80).
Rights and protections. The Act articulates principles that must guide administration, such as recognition of basic human rights, respect for dignity, presumption of capacity to make decisions about care, support for community participation, and confidentiality (s 7). Section 8 requires that powers affecting clients’ liberty be exercised only as the least restrictive means and with any adverse effects minimised. The director has an explicit duty to ensure the protection of clients’ rights under the Act and to monitor and audit compliance (s 87). Clients also have a right to have a statement of rights given and explained to them (ss 29-31), and persons excluded from visiting may appeal to the tribunal (ss 82-84).
Enforcement duties. Authorised officers may visit services and inspect documents, confer privately with detained clients, make inquiries and require the administrator to provide reasonable help; non‑compliance without reasonable excuse carries a penalty (s 124). Authorised officers can require production of documents by written notice (s 125). The director must report annually to the Minister and the Minister must table the report (s 93).
Liability and indemnity. Officials acting honestly and without negligence under the Act do not incur civil liability; where immunity applies the State assumes liability (s 128). This creates a statutory limitation on civil exposure for officials performing their duties in good faith.
Collectively, these duties and rights form an administrative regime that privileges documented multidisciplinary planning, limits coercive interventions with structured authorisation and review, obliges record‑keeping and reporting, and provides statutory protections and appeal routes for visitors and other affected persons.