Guardianship and Administration Act 2000

The purpose of this section is to state requirements for a guardian for a restrictive practice (respite) 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 respite/community access plan for the adult.

The consent may be given subject to conditions.

The guardian may give the consent only if satisfied—

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

the relevant service provider has complied with the Disability Services Act 2006, part 6, division 5; and

if the respite/community access 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 respite/community access plan are appropriate.

For giving consent to the use of chemical restraint (fixed dose)—

subsections (2) and (4) do not apply; and

the guardian may give the consent only if satisfied there is a reasonable likelihood that, if the consent is not given, the adult’s behaviour will cause harm to the adult or others.