131Matters to be considered if authorising restrictive intervention

131 Matters to be considered if authorising restrictive intervention

(1) In determining under section 128(2) whether there is no less restrictive option available, a person authorising a restrictive intervention, to the greatest extent possible in the circumstances, must have regard to the following—

S. 131(1)(a) amended by No. 20/2023 s. 9.

(a) the likely impact on the person, considering the person's views and preferences, and any past experience of trauma;

(b) the person's views of, and preferences relating to, the use of restrictive interventions;

(c) the person's culture, beliefs, values and personal characteristics.

(2) For the purposes of subsection (1)(b), the person authorising the restrictive intervention must have regard to—

(a) the views and preferences expressed in any advance statement of preferences of the person; and

S. 131(2)(b) amended by No. 44/2025 s. 57.

(b) the person's views and preferences expressed by any nominated support person of the person.