sec.80ZSRequirements for informal decision-makers—consenting to use of restrictive practices

### sec.80ZS Requirements for informal decision-makers—consenting to use of restrictive practices This section applies to an informal decision-maker for deciding whether to consent to— a relevant service provider restricting access of an adult other than in the course of providing respite services or community access services to the adult; or the use of a restrictive practice in relation to an adult by a relevant service provider in the course of providing respite services or community access services to the adult. For giving consent to use of a restrictive practice mentioned in subsection (1) (a) , the informal decision-maker must— apply the general principles; and be 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 for the adult is the least restrictive way of ensuring the safety of the adult or others; and if the positive behaviour support plan for the adult 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 if the informal decision-maker is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the authorised psychiatrist responsible for treating the adult under that Act has been given an opportunity to participate in the development of the positive behaviour support plan; and if the informal decision-maker is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 has been given an opportunity to participate in the development of the positive behaviour support plan. For giving consent to use of a restrictive practice mentioned in subsection (1) (b) , the informal decision-maker must— apply the general principles; and be 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 respite/community access plan for the adult is the least restrictive way of ensuring the safety of the adult or others; and if the respite/community access plan for the adult 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. However, subsection (3) (b) (iii) and (iv) do not apply for giving consent to the use of chemical restraint (fixed dose) in the course of providing respite services to the adult. In this section— restricting access , of an adult, see the Disability Services Act 2006 , section 144 . s 80ZS ins 2008 No. 23 s 22 amd 2011 No. 13 s 200 ; 2012 No. 37 s 51 sch ; amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2016 No. 5 s 923 sch 4 ; 2020 No. 39 s 70 sch 1 (sec.80ZS-ssec.1) This section applies to an informal decision-maker for deciding whether to consent to— a relevant service provider restricting access of an adult other than in the course of providing respite services or community access services to the adult; or the use of a restrictive practice in relation to an adult by a relevant service provider in the course of providing respite services or community access services to the adult. (sec.80ZS-ssec.2) For giving consent to use of a restrictive practice mentioned in subsection (1) (a) , the informal decision-maker must— apply the general principles; and be 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 for the adult is the least restrictive way of ensuring the safety of the adult or others; and if the positive behaviour support plan for the adult 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 if the informal decision-maker is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the authorised psychiatrist responsible for treating the adult under that Act has been given an opportunity to participate in the development of the positive behaviour support plan; and if the informal decision-maker is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 has been given an opportunity to participate in the development of the positive behaviour support plan. (sec.80ZS-ssec.3) For giving consent to use of a restrictive practice mentioned in subsection (1) (b) , the informal decision-maker must— apply the general principles; and be 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 respite/community access plan for the adult is the least restrictive way of ensuring the safety of the adult or others; and if the respite/community access plan for the adult 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. (sec.80ZS-ssec.4) However, subsection (3) (b) (iii) and (iv) do not apply for giving consent to the use of chemical restraint (fixed dose) in the course of providing respite services to the adult. (sec.80ZS-ssec.5) In this section— restricting access , of an adult, see the Disability Services Act 2006 , section 144 . - (a) a relevant service provider restricting access of an adult other than in the course of providing respite services or community access services to the adult; or - (b) the use of a restrictive practice in relation to an adult by a relevant service provider in the course of providing respite services or community access services to the adult. - (a) apply the general principles; and - (b) be satisfied— (i) the adult’s behaviour has previously resulted in harm to the adult or others; and (ii) 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 (iii) using the restrictive practice in compliance with the positive behaviour support plan for the adult is the least restrictive way of ensuring the safety of the adult or others; and (iv) if the positive behaviour support plan for the adult is implemented— (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and (B) the adult’s quality of life will be improved in the long term; and (v) if the informal decision-maker is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the authorised psychiatrist responsible for treating the adult under that Act has been given an opportunity to participate in the development of the positive behaviour support plan; and (vi) if the informal decision-maker is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 has been given an opportunity to participate in the development of the positive behaviour support plan. - (i) the adult’s behaviour has previously resulted in harm to the adult or others; and - (ii) 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 - (iii) using the restrictive practice in compliance with the positive behaviour support plan for the adult is the least restrictive way of ensuring the safety of the adult or others; and - (iv) if the positive behaviour support plan for the adult is implemented— (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and (B) the adult’s quality of life will be improved in the long term; and - (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and - (B) the adult’s quality of life will be improved in the long term; and - (v) if the informal decision-maker is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the authorised psychiatrist responsible for treating the adult under that Act has been given an opportunity to participate in the development of the positive behaviour support plan; and - (vi) if the informal decision-maker is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 has been given an opportunity to participate in the development of the positive behaviour support plan. - (i) the adult’s behaviour has previously resulted in harm to the adult or others; and - (ii) 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 - (iii) using the restrictive practice in compliance with the positive behaviour support plan for the adult is the least restrictive way of ensuring the safety of the adult or others; and - (iv) if the positive behaviour support plan for the adult is implemented— (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and (B) the adult’s quality of life will be improved in the long term; and - (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and - (B) the adult’s quality of life will be improved in the long term; and - (v) if the informal decision-maker is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 —the authorised psychiatrist responsible for treating the adult under that Act has been given an opportunity to participate in the development of the positive behaviour support plan; and - (vi) if the informal decision-maker is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 has been given an opportunity to participate in the development of the positive behaviour support plan. - (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and - (B) the adult’s quality of life will be improved in the long term; and - (a) apply the general principles; and - (b) be satisfied— (i) the adult’s behaviour has previously resulted in harm to the adult or others; and (ii) 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 (iii) using the restrictive practice in compliance with the respite/community access plan for the adult is the least restrictive way of ensuring the safety of the adult or others; and (iv) if the respite/community access plan for the adult is implemented— (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and (B) the adult’s quality of life will be improved in the long term. - (i) the adult’s behaviour has previously resulted in harm to the adult or others; and - (ii) 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 - (iii) using the restrictive practice in compliance with the respite/community access plan for the adult is the least restrictive way of ensuring the safety of the adult or others; and - (iv) if the respite/community access plan for the adult is implemented— (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and (B) the adult’s quality of life will be improved in the long term. - (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and - (B) the adult’s quality of life will be improved in the long term. - (i) the adult’s behaviour has previously resulted in harm to the adult or others; and - (ii) 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 - (iii) using the restrictive practice in compliance with the respite/community access plan for the adult is the least restrictive way of ensuring the safety of the adult or others; and - (iv) if the respite/community access plan for the adult is implemented— (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and (B) the adult’s quality of life will be improved in the long term. - (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and - (B) the adult’s quality of life will be improved in the long term. - (A) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and - (B) the adult’s quality of life will be improved in the long term.