Guardianship and Administration Act 2000

The purpose of this section is to state requirements for a guardian for a restrictive practice (general) matter about consenting to the use of a restrictive practice in relation to the adult by a relevant service provider.

The guardian may consent to use of the restrictive practice by the relevant service provider in compliance with a positive behaviour support plan for the adult.

The consent may be given subject to conditions.

The guardian may give the consent only if 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 mentioned in subsection (2) is the least restrictive way of ensuring the safety of the adult or others; and

the adult has been adequately assessed for developing or changing the positive behaviour support plan; and

use of the restrictive practice is supported by the recommendations of the person who assessed the adult; and

if the restrictive practice is chemical restraint—in developing the positive behaviour support plan, the relevant service provider consulted the adult’s treating doctor; and

if the positive behaviour support plan 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

the observations and monitoring provided for under the positive behaviour support plan are appropriate.

In deciding whether to give the consent, the guardian must consider the following—

if the guardian 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 use of the restrictive practice;

if the guardian 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 use of the restrictive practice;

any information available to the guardian about strategies, including restrictive practices, previously used to manage 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;

the suitability of the environment in which the restrictive practice is to be used;

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

Also, in deciding whether to give the consent, the guardian 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 the restrictive practice;

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