Guardianship and Administration Act 2000

This section does not apply for an adult if—

there is a containment or seclusion approval in relation to the adult; or

both of the following apply—

there is a guardian for a restrictive practice (respite) matter for the adult;

a relevant service provider proposes to contain or seclude the adult in the course of providing respite services or community access services to the adult.

The public guardian may give approval for a relevant service provider to contain or seclude the adult if satisfied—

the adult has impaired capacity for making decisions about the use of restrictive practices in relation to the adult; and

the adult’s behaviour has previously resulted in harm to the adult or others; and

there is an immediate and serious risk that, if the approval is not given, the adult’s behaviour will cause harm to the adult or others; and

using the restrictive practice is the least restrictive way of ensuring the safety of the adult or others.

In deciding whether to give the approval, the public guardian must, unless it is not practicable in the circumstances, consult with and consider the views of the following persons about the use of the restrictive practice—

the adult;

a guardian or informal decision-maker for the adult;

if the public guardian is aware the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016—the authorised psychiatrist responsible for treating the adult under that Act;

if the public guardian is aware the adult is a forensic disability client—a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011.

If the public guardian has previously given an approval under this section in relation to the adult, the public guardian may give the approval only if satisfied exceptional circumstances justify giving a subsequent approval under this section.

The public guardian may give the approval subject to the conditions the public guardian considers appropriate.

An approval given under this section may not have effect for more than 6 months.

The relevant service provider or a person consulted under subsection (2) may apply to the tribunal in relation to a decision of the public guardian to give, or refuse to give, the approval, and the tribunal may make the order it considers appropriate.