Authorisation for use of restrictive practices
Under the legislation, disability service providers must conduct an assessment of the adult and develop a positive behaviour support plan before considering, or gaining approval or consent for, the use of restrictive practices.
Approvals for the use of restrictive practices
The table below outlines which level of approval is generally required under the new legislation for the use of restrictive practices.
| Restrictive practice | Approval/consent |
|---|---|
| Containment or seclusion | Guardianship and Administration Tribunal |
| Chemical restraint Mechanical restraint Physical restraint |
Guardian for restrictive practice matters who is appointed by the Guardianship and Administration Tribunal Note: Decisions of the guardian are subject to review by the Guardianship and Administration Tribunal. |
| Restricting access | An informal decision maker (for example, a member of the adult’s support network) if there is no guardian for restrictive practice matters |
In each case, a time limit will be applied to approval or consent for the use of restrictive practices. The maximum period of time for any level of approval is 12 months. Generally, approvals will be formally reviewed by the Guardianship and Administration Tribunal at least every 12 months to determine if they are still necessary.
Short-term approvals
The table below outlines the level of approval needed for the short-term use of restrictive practices.
| Restrictive practice | Approval/consent |
|---|---|
| Containment or seclusion | Adult Guardian |
| Chemical restraint Mechanical restraint Physical restraint Restricting access |
The Director-General (or an authorised delegate) Disability Services Queensland, if there is no guardian for restrictive practice matters |
If a short-term approval is granted, the service provider must provide a short-term plan to the decision maker within 14 days of the approval being given.
Short-term approvals can only be made for up to three months, unless there are exceptional circumstances, such as a change in the service provider or location of the adult.
Note: Short-term approval requirements do not apply during the transitional period (1 July 2008 to 31 December 2009) for implementation of the new legislation.
Approvals for respite and community access services
Under the Act, service providers will need to develop a respite/community access plan and gain relevant consent before using restrictive practices.
The following table outlines which level of approval is needed for the use of restrictive practices in respite or community access services.
| Restrictive practice | Approval/consent |
|---|---|
| Containment or seclusion | Guardian for restrictive practice (respite) matters Note: Decisions of the guardian are subject to review by the Guardianship and Administration Tribunal. |
| Chemical restraint (generally) | Guardian for restrictive practice (respite) matters Note: Decisions of the guardian are subject to review by the Guardianship and Administration Tribunal. |
Physical or mechanical restraint Chemical restraint (fixed dose) in respite services only |
Informal decision maker if there is no guardian for restrictive practice matters |
| Restricting access | Informal decision maker if there is no guardian for restrictive practice matters |
Read more about how the use of restrictive practices will be reviewed and monitored in the overview of amendments.
Find out more about the roles of the Guardianship and Administration Tribunal and the Adult Guardian under the new legislation.
Last updated July 2008