Guardianship and Administration Act 2000

In deciding whether to give a containment or seclusion approval, the tribunal must consider each of the following—

the suitability of the environment in which the adult will be contained or secluded;

if the tribunal 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 containment or seclusion of the adult;

if the tribunal 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 containment or seclusion of the adult;

any strategies, including restrictive practices, previously used to manage or reduce 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.

Also, in deciding whether to give the containment or seclusion approval, the tribunal 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 containment or seclusion;

the way in which the relevant service provider will support and supervise staff involved in implementing the positive behaviour support plan.