Guardianship and Administration Act 2000

This section applies if—

an approval given under section 80V is in effect in relation to an adult; or

the tribunal proposes to give an approval under section 80V in relation to an adult.

The tribunal may, by order, give approval for a relevant service provider to use a restrictive practice other than containment or seclusion (the other restrictive practice) in relation to the adult, subject to the conditions stated in the order.

The tribunal may make the order only if the tribunal is satisfied of the matters stated in section 80V(2)(a) to (g) in relation to the other restrictive practice.

In deciding whether to make the order, the tribunal—

must consider—

the matters stated in section 80W(1); and

if the other restrictive practice is chemical restraint—the views of the adult’s treating doctor about the use of the chemical restraint; and

may consider the matters stated in section 80W(2).

For subsections (3) and (4)(a)(i) and (b), sections 80V(2)(a) to (g) and 80W apply as if a reference in the sections to containing or secluding the adult were a reference to using the other restrictive practice in relation to the adult.

An order made under this section is taken to be part of the approval given under section 80V in relation to the adult.

The tribunal may make the order on its own initiative or on an application under section 80ZO.