sec.80ZFRequirements for giving consent — guardian for restrictive practice (respite) matter

### sec.80ZF Requirements for giving consent — guardian for restrictive practice (respite) matter The purpose of this section is to state requirements for a guardian for a restrictive practice (respite) 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 respite/community access plan for the adult. The consent may be given subject to conditions. The guardian may give the consent only if satisfied— 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 the relevant service provider has complied with the Disability Services Act 2006 , part 6 , division 5 ; and if the respite/community access 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 respite/community access plan are appropriate. For giving consent to the use of chemical restraint (fixed dose)— subsections (2) and (4) do not apply; and the guardian may give the consent only if satisfied there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others. s 80ZF ins 2008 No. 23 s 22 amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2020 No. 39 s 70 sch 1 (sec.80ZF-ssec.1) The purpose of this section is to state requirements for a guardian for a restrictive practice (respite) matter about consenting to the use of a restrictive practice in relation to the adult by a relevant service provider. (sec.80ZF-ssec.2) The guardian may consent to use of the restrictive practice by the relevant service provider in compliance with a respite/community access plan for the adult. (sec.80ZF-ssec.3) The consent may be given subject to conditions. (sec.80ZF-ssec.4) The guardian may give the consent only if satisfied— 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 the relevant service provider has complied with the Disability Services Act 2006 , part 6 , division 5 ; and if the respite/community access 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 respite/community access plan are appropriate. (sec.80ZF-ssec.5) For giving consent to the use of chemical restraint (fixed dose)— subsections (2) and (4) do not apply; and the guardian may give the consent only if satisfied there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others. - (a) 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 - (b) the relevant service provider has complied with the Disability Services Act 2006 , part 6 , division 5 ; and - (c) if the respite/community access 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 - (d) the observations and monitoring provided for under the respite/community access 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) subsections (2) and (4) do not apply; and - (b) the guardian may give the consent only if satisfied there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others.