sec.80ZERequirements for giving consent — guardian for restrictive practice (general) matter

### sec.80ZE Requirements for giving consent — guardian for restrictive practice (general) matter The purpose of this section is to state requirements for a guardian for a restrictive practice (general) matter about consenting to the use of a restrictive practice in relation to the adult by a relevant service provider. The guardian may consent to use of the restrictive practice by the relevant service provider in compliance with a positive behaviour support plan for the adult. The consent may be given subject to conditions. The guardian may give the consent only if satisfied— the adult’s behaviour has previously resulted in harm to the adult or others; and there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others; and using the restrictive practice in compliance with the positive behaviour support plan mentioned in subsection (2) is the least restrictive way of ensuring the safety of the adult or others; and the adult has been adequately assessed for developing or changing the positive behaviour support plan; and use of the restrictive practice is supported by the recommendations of the person who assessed the adult; and if the restrictive practice is chemical restraint—in developing the positive behaviour support plan, the relevant service provider consulted the adult’s treating doctor; and if the positive behaviour support plan is implemented— the risk of the adult’s behaviour causing harm will be reduced or eliminated; and the adult’s quality of life will be improved in the long term; and the observations and monitoring provided for under the positive behaviour support plan are appropriate. In deciding whether to give the consent, the guardian must consider the following— if the guardian is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 — the terms of the order or authority; and the views of the authorised psychiatrist responsible for treating the adult under that Act about the use of the restrictive practice; if the guardian is aware the adult is a forensic disability client— the terms of the forensic order under the Mental Health Act 2016 for the adult’s detention in the forensic disability service; and the views of a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 about the use of the restrictive practice; any information available to the guardian about strategies, including restrictive practices, previously used to manage the behaviour of the adult that causes harm to the adult or others, and the effectiveness of those strategies; the type of disability services provided to the adult; the suitability of the environment in which the restrictive practice is to be used; if the restrictive practice is chemical restraint—the views of the adult’s treating doctor about the use of the chemical restraint. Also, in deciding whether to give the consent, the guardian may consider the following— the findings, theories and recommendations of each person who assessed the adult; if there was a difference of opinion between the persons who assessed the adult—how this difference was taken into account in developing the positive behaviour support plan for the adult; the views of each entity or department consulted during the assessment of the adult and the development of the positive behaviour support plan about the use of the restrictive practice; the way in which the relevant service provider will support and supervise staff involved in implementing the positive behaviour support plan. s 80ZE ins 2008 No. 23 s 22 amd 2011 No. 13 s 196 ; 2012 No. 37 s 51 sch ; 2014 No. 5 s 44 ; 2016 No. 5 s 923 sch 4 ; 2019 No. 19 s 81 sch 1 (sec.80ZE-ssec.1) The purpose of this section is to state requirements for a guardian for a restrictive practice (general) matter about consenting to the use of a restrictive practice in relation to the adult by a relevant service provider. (sec.80ZE-ssec.2) The guardian may consent to use of the restrictive practice by the relevant service provider in compliance with a positive behaviour support plan for the adult. (sec.80ZE-ssec.3) The consent may be given subject to conditions. (sec.80ZE-ssec.4) The guardian may give the consent only if satisfied— the adult’s behaviour has previously resulted in harm to the adult or others; and there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others; and using the restrictive practice in compliance with the positive behaviour support plan mentioned in subsection (2) is the least restrictive way of ensuring the safety of the adult or others; and the adult has been adequately assessed for developing or changing the positive behaviour support plan; and use of the restrictive practice is supported by the recommendations of the person who assessed the adult; and if the restrictive practice is chemical restraint—in developing the positive behaviour support plan, the relevant service provider consulted the adult’s treating doctor; and if the positive behaviour support plan is implemented— the risk of the adult’s behaviour causing harm will be reduced or eliminated; and the adult’s quality of life will be improved in the long term; and the observations and monitoring provided for under the positive behaviour support plan are appropriate. (sec.80ZE-ssec.5) In deciding whether to give the consent, the guardian must consider the following— if the guardian is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 — the terms of the order or authority; and the views of the authorised psychiatrist responsible for treating the adult under that Act about the use of the restrictive practice; if the guardian is aware the adult is a forensic disability client— the terms of the forensic order under the Mental Health Act 2016 for the adult’s detention in the forensic disability service; and the views of a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 about the use of the restrictive practice; any information available to the guardian about strategies, including restrictive practices, previously used to manage the behaviour of the adult that causes harm to the adult or others, and the effectiveness of those strategies; the type of disability services provided to the adult; the suitability of the environment in which the restrictive practice is to be used; if the restrictive practice is chemical restraint—the views of the adult’s treating doctor about the use of the chemical restraint. (sec.80ZE-ssec.6) Also, in deciding whether to give the consent, the guardian may consider the following— the findings, theories and recommendations of each person who assessed the adult; if there was a difference of opinion between the persons who assessed the adult—how this difference was taken into account in developing the positive behaviour support plan for the adult; the views of each entity or department consulted during the assessment of the adult and the development of the positive behaviour support plan about the use of the restrictive practice; the way in which the relevant service provider will support and supervise staff involved in implementing the positive behaviour support plan. - (a) the adult’s behaviour has previously resulted in harm to the adult or others; and - (b) there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others; and - (c) using the restrictive practice in compliance with the positive behaviour support plan mentioned in subsection (2) is the least restrictive way of ensuring the safety of the adult or others; and - (d) the adult has been adequately assessed for developing or changing the positive behaviour support plan; and - (e) use of the restrictive practice is supported by the recommendations of the person who assessed the adult; and - (f) if the restrictive practice is chemical restraint—in developing the positive behaviour support plan, the relevant service provider consulted the adult’s treating doctor; and - (g) if the positive behaviour support plan is implemented— (i) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and (ii) the adult’s quality of life will be improved in the long term; and - (i) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and - (ii) the adult’s quality of life will be improved in the long term; and - (h) the observations and monitoring provided for under the positive behaviour support plan are appropriate. - (i) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and - (ii) the adult’s quality of life will be improved in the long term; and - (a) if the guardian is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 — (i) the terms of the order or authority; and (ii) the views of the authorised psychiatrist responsible for treating the adult under that Act about the use of the restrictive practice; - (i) the terms of the order or authority; and - (ii) the views of the authorised psychiatrist responsible for treating the adult under that Act about the use of the restrictive practice; - (b) if the guardian is aware the adult is a forensic disability client— (i) the terms of the forensic order under the Mental Health Act 2016 for the adult’s detention in the forensic disability service; and (ii) the views of a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 about the use of the restrictive practice; - (i) the terms of the forensic order under the Mental Health Act 2016 for the adult’s detention in the forensic disability service; and - (ii) the views of a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 about the use of the restrictive practice; - (c) any information available to the guardian about strategies, including restrictive practices, previously used to manage the behaviour of the adult that causes harm to the adult or others, and the effectiveness of those strategies; - (d) the type of disability services provided to the adult; - (e) the suitability of the environment in which the restrictive practice is to be used; - (f) if the restrictive practice is chemical restraint—the views of the adult’s treating doctor about the use of the chemical restraint. - (i) the terms of the order or authority; and - (ii) the views of the authorised psychiatrist responsible for treating the adult under that Act about the use of the restrictive practice; - (i) the terms of the forensic order under the Mental Health Act 2016 for the adult’s detention in the forensic disability service; and - (ii) the views of a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 about the use of the restrictive practice; - (a) the findings, theories and recommendations of each person who assessed the adult; - (b) if there was a difference of opinion between the persons who assessed the adult—how this difference was taken into account in developing the positive behaviour support plan for the adult; - (c) the views of each entity or department consulted during the assessment of the adult and the development of the positive behaviour support plan about the use of the restrictive practice; - (d) the way in which the relevant service provider will support and supervise staff involved in implementing the positive behaviour support plan.