Download Disability Services Act 2006 PDF

TitleDisability Services Act 2006
LanguageEnglish
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Total Pages335
Table of Contents
                            Contents
	Part 1 Preliminary
		Division 1 Introduction
			1 Short title
			2 Commencement
			3 Act binds all persons
			4 Contravention of this Act does not create civil cause of action
			5 Act does not affect other rights or remedies
		Division 2 Objects
			6 Objects of Act
			7 How objects are mainly achieved
			8 Finite resources available
		Division 3 Interpretation
			9 Definitions
			10 Notes in text
			11 What is a disability
			12 What are disability services
			13 Meaning of service provider
			14 Meaning of funded service provider
			15 Meaning of non-government service provider
			16 Meaning of funded non-government service provider
			16A Meaning of NDIS non-government service provider
	Part 2 Disability rights
		Division 1 Human rights principle
			17 Persons encouraged to have regard to human rights principle
			18 Principle that people with a disability have the same human rights as others
		Division 2 Service delivery principles
			19 Service delivery principles to be promoted by service providers
			20 Focus on the development of the individual
			21 Participation in planning and operation of services
			22 Focus on a lifestyle the same as other people and appropriate for age
			23 Coordination and integration of services with general services
			24 Services to be tailored to meet individual needs and goals
			25 People with a disability experiencing additional barriers
			26 Promotion of competency, positive image and self-esteem
			27 Inclusion in the community
			28 No single service provider to exercise control over life of person with disability
			29 Consideration for others involved with people with a disability
			30 Service providers to make information available
			31 Raising and resolving grievances
			32 Access to advocacy support
	Part 3 Complaints about the delivery of disability services by funded service providers
		33 Complaints by consumers
		34 Chief executive may refer matters to complaints agency
		35 Complaints agency to inform chief executive about actions taken for complaint
	Part 4 Funding to people with a disability
		36 Purpose of pt 4
		37 Definitions for pt 4
		38 Approval for funding
		39 Individual funding agreement
	Part 5 Screening of particular persons engaged by department or particular funded service providers
		Division 1 Preliminary
			40 Main purpose of pt 5
			41 Safety of people with a disability to be paramount consideration
			42 This part does not apply to persons engaged to provide disability services to children
			43 This part does not apply to registered health practitioners
			44 This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986
		Division 2 Interpretation
			45 Persons engaged by the department at a service outlet
			46 Persons engaged by a funded non-government service provider or an NDIS non-government service provider at a service outlet
			47 What is a serious offence
			48 What is a disqualifying offence
		Division 3 Risk management strategies
			49 Risk management strategies about persons engaged by funded non-government service providers or NDIS non-government service providers
		Division 4 Screening of persons engaged by the department at a service outlet
			50 Undertaking screening of persons engaged by department at a service outlet
		Division 5 Issue of prescribed notices for funded non-government service providers and NDIS non-government service providers
			51 Division does not apply to holders of WWC positive notice
			52 Application for prescribed notice
			53 Notice of change of engagement, or name and contact details in prescribed notice application
			54 Decision on application
			55 Decision-making under s 54 in relation to discretionary matters
			56 Actions of chief executive after making decision on application
			57 Chief executive to invite submissions from engaged person about particular information
			58 Currency of prescribed notice and positive notice card
		Division 6 Issue of exemption notices for funded non-government service providers and NDIS non-government service providers
			59 Application for exemption notice
			60 Notice of change of engagement, or name and contact details in exemption notice application
			61 Decision on application
			62 Obtaining advice from chief executive (employment screening)
			63 Actions of chief executive after making decision on application
			64 Currency of exemption notice
		Division 7 Obligations and offences relating to prescribed notices and exemption notices
			Subdivision 1 Engagement of persons by funded non-government service provider or NDIS non-government service provider
				65 Starting engagement of certain regular engaged persons other than volunteers
				66 Starting engagement of new engaged persons other than volunteers
				67 Continuing engagement of persons other than volunteers
				68 Starting engagement of volunteers
				69 Currency of prescribed notice for volunteer continuing engagement
				70 Prohibited engagement
			Subdivision 2 Obligations if holder of negative notice or negative exemption notice, or prescribed notice or exemption notice application is withdrawn
				71 Person holding negative notice or negative exemption notice not to apply for, or start or continue in, regulated engagement etc.
				72 Person who has withdrawn consent to screening not to start or continue in regulated engagement
			Subdivision 3 Changes in police information
				73 Acquiring police information
				74 Effect of conviction for serious offence
				75 Change in police information of person engaged by funded non-government service provider or NDIS non-government service provider
				76 Change in police information of person engaged by department
				77 Change in police information of other persons
			Subdivision 4 General
				78 False or misleading disclosure
				79 False or misleading documents
				80 Return of cancelled positive notice to chief executive
				81 Return of cancelled positive exemption notice to chief executive
		Division 8 Cancellation of prescribed notices and exemption notices etc.
			82 Cancellation of negative notice or negative exemption notice and issuing of positive notice or positive exemption notice
			83 Chief executive may cancel a prescribed notice and substitute another prescribed notice
			84 Chief executive may cancel an exemption notice and substitute another exemption notice
			85 Cancellation of positive notice if relevant disqualified person
			86 Suspension of positive notice if charged with disqualifying offence or subject to temporary or interim order
			87 Ending of suspension and issue of further prescribed notice
			88 Suspension of a positive exemption notice if WWC positive notice suspended
			89 Ending of suspension and issue of further exemption notice or prescribed notice
			90 Notifying holder of expiry of positive exemption notice
			91 Request to cancel positive notice or positive exemption notice
			92 Replacement of positive notice, positive notice card or positive exemption notice
			93 Change of details for positive notice, positive notice card or positive exemption notice
			94 Replacement notice etc. if change in engagement details
		Division 9 Persons who hold or held a WWC positive notice
			95 Application of div 8 to person who holds WWC positive notice and prescribed notice
			96 Person who holds negative exemption notice but no longer holds WWC positive notice
		Division 10 Disqualified persons
			97 Who is a disqualified person
			98 Offences for disqualified person
			99 Application for an eligibility declaration
			100 Notice of change of name and contact details in eligibility application
			101 Chief executive’s decision on eligibility application
			102 Eligibility declaration taken to have been issued
			103 Withdrawing eligibility application generally
			104 Deemed withdrawal of eligibility application if identity can not be established
			105 Deemed withdrawal of eligibility application if particular requests not complied with
			106 Expiry of eligibility declaration
			107 Reversal of decision refusing an eligibility declaration
		Division 11 Miscellaneous
			Subdivision 1 Reviews and appeals against particular decisions
				108 Definitions for sdiv 1
				109 Person may apply for review of part 5 reviewable decision
				110 Effect of applicant for a review becoming a disqualified person
			Subdivision 2 Provisions about investigative information
				111 Police commissioner may decide that information about a person is investigative information
				112 Delegation by police commissioner of power under s 111 restricted
				113 Decision by police commissioner that information is investigative information
				114 Court to decide matters afresh
				115 Consequence of decision on appeal
			Subdivision 3 Obtaining police information or information related to police information about a person
				116 Persons to whom ss 117 and 118 applies
				117 Chief executive may obtain information from police commissioner
				118 Obtaining information from director of public prosecutions
				119 Obtaining information from chief executive (corrective services)
			Subdivision 4 Obtaining report about person’s mental health
				120 Application of sdiv 4
				121 Chief executive may request person to undergo examination by registered health practitioner etc.
				122 Nominating registered health practitioner to conduct examination
				123 Registered health practitioner obtaining information from Mental Health Court
				124 Registered health practitioner obtaining information from Mental Health Review Tribunal
				125 Use of information obtained from Mental Health Court or Mental Health Review Tribunal
				126 Chief executive may obtain report about person’s mental health from registered health practitioner
				127 Chief executive to bear medical costs
			Subdivision 5 Obtaining other information about person’s mental health
				128 Chief executive may obtain particular information from Mental Health Court
				129 Chief executive may obtain particular information from Mental Health Review Tribunal
			Subdivision 6 Obtaining information about changes in police information
				130 Notice of change in police information about a person
			Subdivision 7 Other miscellaneous provisions
				131 Chief executive to give notice to funded non-government service provider or NDIS non-government service provider about making screening decision about engaged person
				132 Withdrawal of engaged person’s consent to screening
				133 Compliance with requirement to end, or not start, a person’s engagement
				134 Guidelines for dealing with information
				135 Use of information obtained under this part about a person
				136 Chief executive must give police commissioner a person’s current address
				137 Disqualification order
				138 Register of persons engaged by particular entities or for whom particular applications are made
	Part 6 Positive behaviour support and restrictive practices
		Division 1 Preliminary
			139 Purpose of pt 6
			140 Service providers to which pt 6 applies
			141 Principles for performing functions etc.
			142 Principles for providing disability services to particular adults
			143 Explanation of operation of pt 6
			144 Definitions for pt 6
			145 Meaning of chemical restraint
			146 Meaning of contain
			147 Meaning of mechanical restraint
		Division 2 Important concepts for using restrictive practices
			148 Assessment of an adult
			149 Who is appropriately qualified to assess an adult
			150 What is a positive behaviour support plan
		Division 3 Containment and seclusion
			Subdivision 1 Requirements for containing or secluding an adult
				151 Containing or secluding an adult under containment or seclusion approval
				152 Containing or secluding an adult for respite services or community access services
				153 Containing or secluding an adult under short term approval
				154 Containing or secluding an adult before decision on short term approval
			Subdivision 2 Multidisciplinary assessment and development of positive behaviour support plan
				155 Application of sdiv 2
				156 Chief executive to decide whether multidisciplinary assessment of adult will be conducted
				157 Notice of decision not to conduct assessment
				158 Development of positive behaviour support plan following assessment
				159 Participation of psychiatrist or senior practitioner in development of plan
			Subdivision 3 Changing a positive behaviour support plan
				160 Application of sdiv 3
				161 Who may change positive behaviour support plan
				162 When chief executive must decide whether positive behaviour support plan should be changed
				163 Requirements for chief executive’s decision about whether change should be made
				164 Action of chief executive after deciding whether change should be made
			Subdivision 4 General requirements for containment or seclusion
				165 Relevant service provider to ensure adult’s needs are met
		Division 4 Use of restrictive practices other than containment or seclusion
			Subdivision 1 Requirements for using chemical, mechanical or physical restraint, or restricting access
				166 Using chemical, mechanical or physical restraint, or restricting access, with consent of guardian etc.
				167 Using chemical, mechanical or physical restraint, or restricting access, for respite services or community access services
				168 Using chemical restraint (fixed dose) for respite services
				169 Using chemical, mechanical or physical restraint, or restricting access, if consent ended
				170 Using chemical, mechanical or physical restraint, or restricting access, under short term approval
				171 Using chemical, mechanical or physical restraint, or restricting access, before decision on short term approval
			Subdivision 2 Assessment of adult and positive behaviour support plan
				172 Application of sdiv 2
				173 Requirements for development of positive behaviour support plan—assessment and consultation
				174 Changing a positive behaviour support plan
				175 Requirement for relevant service provider to consider whether plan should be changed
			Subdivision 3 Requirements if adult subject to forensic order, treatment support order or treatment authority
				176 Requirement for relevant service provider to notify guardian
				177 Requirement for relevant service provider to notify relevant director
			Subdivision 4 Short term approvals given by chief executive
				178 Short term approval for use of restrictive practices other than containment or seclusion
				179 Period for which short term approval has effect
		Division 5 Use of restrictive practices for respite services or community access services
			180 Purpose of div 5
			181 Requirement to develop respite/community access plan
			182 Obtaining information about the adult
			183 Consultation
			184 Risk assessment
		Division 6 Review of particular chief executive decisions
			185 Application of div 6
			186 Definitions for div 6
			187 Application for review by chief executive
			188 Review of relevant decision
		Division 7 Miscellaneous provisions
			Subdivision 1 Immunity for use of restrictive practices
				189 Immunity from liability—relevant service provider
				190 Immunity from liability—individual acting for relevant service provider
			Subdivision 2 Requirements for relevant service providers
				191 Requirement to give statement about use of restrictive practices
				192 Requirement to give information to guardian or informal decision-maker
				193 Requirement to keep and implement procedure
				194 Requirement to keep records and other documents
				195 Notification requirements about approvals given for use of restrictive practices
			Subdivision 3 Confidentiality provisions
				196 Definitions for sdiv 3
				197 Relevant service provider may request confidential information from health professional, chief executive (health) or health service chief executive
				198 Relevant service providers must maintain confidentiality
			Subdivision 4 Reporting and provision of particular information
				199 Requirement to give information about use of restrictive practice to chief executive
				200 Chief executive may give information about use of restrictive practice
	Part 6A Investigation, monitoring and enforcement
		Division 1 Preliminary
			200A Purpose of part
			200B References to exercise of powers
			200C Reference to document includes reference to reproductions from electronic document
		Division 2 Functions of authorised officers
			200D Existing functions of authorised officers in relation to funding
			200E Additional functions of authorised officers in relation to NDIS non-government service providers
		Division 3 Powers of authorised officers for particular functions
			Subdivision 1 Preliminary
				200F Application of division for particular functions
			Subdivision 2 General power of entry
				200G General power to enter places
			Subdivision 3 Entry by consent
				200H Application of subdivision
				200I Incidental entry to ask for access
				200J Matters authorised officer must tell occupier
				200K Consent acknowledgement
			Subdivision 4 Entry under warrant
				200L Application for warrant
				200M Issue of warrant
				200N Electronic application
				200O Additional procedure if electronic application
				200P Defect in relation to a warrant
				200Q Entry procedure
			Subdivision 5 General powers of authorised officer after entering place
				200R Application of subdivision
				200S General powers
				200T Power to require reasonable help
				200U Offence to contravene help requirement
				200V Failure to answer questions
			Subdivision 6 Additional information-obtaining power
				200W Power to require information
				200X Offence to contravene information requirement
	Part 7 Legal proceedings
		Division 1 Application
			201 Application of pt 7
		Division 2 Evidence
			202 Appointments and authority
			203 Signatures
			204 Evidentiary provisions
			205 Positive notice card is evidence of holding positive notice
		Division 3 Proceedings
			206 Indictable and summary offences
			207 Proceedings for indictable offences
			208 Limitation on who may summarily hear indictable offence proceedings
			209 Proceeding for offences
			210 When proceeding may start
			211 Allegations of false or misleading information or document
			212 Forfeiture on conviction
			213 Dealing with forfeited thing
			214 Responsibility for acts or omissions of representative
	Part 8 Miscellaneous
		Division 1 Records
			215 Funded non-government service provider or NDIS non-government service provider must keep records
		Division 2 Locking of gates, doors and windows
			216 Application of div 2
			217 Definitions for div 2
			218 Immunity from liability—relevant service provider
			219 Immunity from liability—individual acting for relevant service provider
			220 Department’s policy about locking of gates, doors and windows
		Division 3 Other matters
			221 Disability service plans for departments
			222 Establishment of Ministerial advisory committees
			223 Membership of advisory committee
			224 Dissolution
			225 Other matters
			226 Person with a disability must advise chief executive about compensation
			227 Confidentiality of information about criminal history and related information
			228 Confidentiality of other information
			229 Power to require information or documents
			230 Protection from liability for giving information
			231 Chief executive to advise on-disclosure
			232 Chief executive may enter into arrangement about giving and receiving information with police commissioner
			233 Chief executive may enter into arrangements about giving and receiving information about eligible persons
			234 Delegation by Minister
			235 Delegation by chief executive
			236 Protecting officials from liability
			237 Approval of forms
			238 Service of documents
			239 Regulation-making power
			240 Review of Act
			241 Review of Guardianship and Administration Act 2000, ch 5B
			241A Review of impact of NDIS on Act
			241B Expiry of pt 6A
	Part 9 Repeal and transitional provisions
		Division 1 Repeal
			242 Repeal of Disability Services Act 1992
		Division 2 Transitional provisions for Act No. 12 of 2006
			243 Definitions for div 2
			244 Screening of persons engaged by funded non-government service providers at the commencement
			245 Certain non-government service providers taken to be approved under part 6 and to be funded non-government service providers
			246 When grants of financial assistance under the repealed Act continue
			247 Queensland disability service standards to continue in force
			248 Disability sector quality system to continue in force
		Division 3 Transitional provisions for Disability Services and Other Legislation Amendment Act 2008 and Justice and Other Legislation Amendment Act 2010
			Subdivision 1 Preliminary
				249 Interpretation
				250 Declaration about transitional period
			Subdivision 2 Immunity from liability for use of restrictive practices before commencement
				251 Immunity of previous service provider
				252 Immunity of individual acting for previous service provider
			Subdivision 3 Immunity from liability for use of restrictive practices during transitional period
				253 Immunity of relevant service provider
				254 Requirement to assess adult if no authorised guardian
				255 Immunity for individual acting for relevant service provider
				256 Relationship of subdivision with pt 6
				257 Circumstances in which subdivision stops applying
			Subdivision 4 Other provisions
				258 Requirements for department’s policy about use of restrictive practices during transitional period
				259 Short term approvals not to be given during transitional period
		Division 4 Transitional provision for Criminal Code and Other Acts Amendment Act 2008
			260 References in schs 2 and 4 to Criminal Code offence
		Division 5 Transitional provisions for Criminal History Screening Legislation Amendment Act 2010
			Subdivision 1 Preliminary
				261 Definition for div 5
			Subdivision 2 Transitional provisions relating to previous part 9
				262 Definitions for sdiv 2
				263 Notice about change in criminal history not given at the commencement
				264 Request for prescribed police information not complied with at the commencement
				265 Particular prescribed police information obtained but not used before commencement
				266 Notice not given by prosecuting authority at the commencement
				267 Use of particular information obtained before commencement
			Subdivision 3 Transitional provisions relating to particular amendments of part 5
				268 Explanation of sdiv 3
				269 Definitions for sdiv 3
				270 New serious offences
				271 Existing applications for prescribed notice
				272 Continuation if chief executive acting on own initiative
				273 Replacement of positive notice or positive notice card
				274 Existing reviews and appeals
				275 Police commissioner’s decision that information is investigative information
				276 References to exemption notices etc.
				277 References to eligibility declarations etc.
			Subdivision 4 Transitional provisions relating to other amendments of part 5
				278 Explanation of sdiv 4
				279 Definitions for sdiv 4
				280 Obtaining particular information from police commissioner about particular persons
				281 Existing applications for prescribed notice about a disqualified person who is not a relevant disqualified person
				282 Existing applications for prescribed notice about a relevant disqualified person
				283 Other existing applications for prescribed notice
				284 Existing positive notices held by disqualified persons who are not relevant disqualified persons
				285 Existing positive notices held by relevant disqualified person because of temporary or interim order
				286 Existing positive notices held by other relevant disqualified person
				287 Currency of existing prescribed notices
				288 Existing applications to cancel negative notice by relevant disqualified person
				289 Other existing applications to cancel a negative notice
				290 Continuation if chief executive acting on own initiative
				291 Application of s 97 and sch 8, definition relevant disqualified person
				292 Application of s 98
				293 Existing reviews and appeals by disqualified person
				294 Other existing reviews and appeals
				295 Disqualification orders for acts done or omissions made before commencement
				296 Continuing engagement of volunteers
				297 Provision about persons engaged to provide disability services only to children
				298 Provision about holders of CCYPCG positive notice
			Subdivision 5 Other transitional provision
				299 References to Youth Justice Act 1992
		Division 6 Provision for the Health Practitioner Registration and Other Legislation Amendment Act 2013
			300 Application of pt 5 to former registered speech pathologist
		Division 7 Transitional provisions for Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013
			Subdivision 1 Interpretation
				301 Definitions for div 7
			Subdivision 2 Prescribed notice applications and prescribed notices
				302 Existing prescribed notice application by new relevant disqualified person
				303 Existing prescribed notice application if person charged with new disqualifying offence or is new disqualified person but not new relevant disqualified person
				304 Other existing prescribed notice applications
				305 Current positive notice for new relevant disqualified person
				306 Current positive notice for new disqualified person other than new relevant disqualified person
				307 Other current positive notices
			Subdivision 3 Exemption notice applications and exemption notices
				308 Existing exemption notice application by new relevant disqualified person or person charged with a new disqualifying offence
				309 Existing exemption notice application if person is new disqualified person but not new relevant disqualified person
				310 Other existing exemption notice applications
				311 Current positive exemption notice for person whose CCYPCG positive notice is cancelled
				312 Other positive exemption notices
			Subdivision 4 Existing applications for cancellation or ending suspension of prescribed notices and exemption notices
				313 Existing applications to cancel negative notice or negative exemption notice
				314 Existing application to end suspension of positive notice for person other than new relevant disqualified person
				315 Existing application to end suspension of positive exemption notice for person other than new relevant disqualified person
			Subdivision 5 Eligibility applications and eligibility declarations
				316 Existing eligibility application
				317 Current eligibility declaration for new relevant disqualified person or person charged with new disqualifying offence
				318 Current eligibility declaration for person convicted of new serious offence
				319 Other eligibility declarations
				320 Existing application for reversal of decision refusing an eligibility declaration
			Subdivision 6 Reviews and appeals
				321 Undecided reviews and appeals by new disqualified persons
				322 Review of part 5 reviewable decision about new disqualified person
				323 Appeal by new disqualified person against decision of tribunal on review of part 5 reviewable decision
				324 Existing appeal by chief executive against decision of tribunal on review of part 5 reviewable decision
				325 Appeal by chief executive against decision of tribunal on review of part 5 reviewable decision
				326 Existing reviews and appeals against part 5 reviewable decisions by persons other than new disqualified persons
				327 Review of part 5 reviewable decision about person other than new disqualified person
			Subdivision 7 Miscellaneous
				328 Chief executive acting on own initiative
				329 Disqualification orders for acts done or omissions made before commencement
				330 Effect of conviction or charge for new disqualifying offence
		Division 8 Transitional provision for Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014
			331 Notice about use of restrictive practices
		Division 9 Transitional provisions for Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014
			332 Definitions for div 9
			333 Funding agreements continue in force
			334 Obligation to enter agreement about assistance continues
			335 Contraventions of funding agreement or Act before commencement
			336 Interim managers
			337 Confidentiality obligation continues to apply to authorised officers and interim managers
			338 Reviews
		Division 10 Transitional provisions for Disability Services and Other Legislation Amendment Act 2016
			339 Warrant may be executed
			340 Offences against pt 6A may continue to be prosecuted
	Schedule 2 Current serious offences
	Schedule 3 Repealed or expired serious offences
	Schedule 4 Current disqualifying offences
	Schedule 5 Repealed or expired disqualifying offences
	Schedule 6 Offences that may form basis of investigative information
	Schedule 7 Repealed or expired offences that may form basis of investigative information
	Schedule 8 Dictionary
                        
Document Text Contents
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Queensland

Disability Services Act 2006

Current as at 5 June 2017—revised version
Reprint note
The authorising sections for schedules 2–7 were not renumbered in an
earlier version of this reprint.

This version was corrected on 14 August 2018.

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© State of Queensland 2018

This work is licensed under a Creative Commons Attribution 4.0 International License.

https://www.legislation.qld.gov.au/copyright

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[s 168]

Disability Services Act 2006
Part 6 Positive behaviour support and restrictive practices
(i) the consent of a relevant decision-maker (respite)
for the adult; and

(ii) a respite/community access plan for the adult.

(2) For subsection (1)(d)(ii), the restrictive practice is not used in
compliance with the respite/community access plan if the
relevant service provider does not implement the positive
strategies stated in the plan.

(3) This section does not apply if the adult is the subject of a
containment or seclusion approval.

(4) This section does not apply to chemical restraint (fixed dose)
used in the course of providing respite services to the adult.

168 Using chemical restraint (fixed dose) for respite services

(1) A relevant service provider may use chemical restraint (fixed
dose) on an adult with an intellectual or cognitive disability in
the course of providing respite services to the adult if use of
the chemical restraint complies with the consent of a relevant
decision-maker (respite) for the adult.

(2) This section does not apply if the adult is the subject of a
containment or seclusion approval.

169 Using chemical, mechanical or physical restraint, or
restricting access, if consent ended

(1) This section applies if—

(a) the guardian for a restrictive practice matter for an adult
with an intellectual or cognitive disability is the public
guardian; and

(b) the public guardian has given consent (the existing
consent) to the use of a restrictive practice, other than
containment or seclusion, in relation to the adult.

(2) A relevant service provider may use the restrictive practice
after the existing consent ends if—
Current as at 5 June 2017—revised version Page 165

Authorised by the Parliamentary Counsel

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[s 170]

Disability Services Act 2006
Part 6 Positive behaviour support and restrictive practices
(a) at least 30 days before the existing consent ends, the
relevant service provider asks the public guardian, in
writing, to consent to the use of the restrictive practice in
relation to the adult; and

(b) at the time the existing consent ends, the public guardian
has not decided whether to give the consent; and

(c) use of the restrictive practice—

(i) is necessary to prevent the adult’s behaviour
causing harm to the adult or others; and

(ii) is the least restrictive way of ensuring the safety of
the adult or others; and

(iii) complies with the existing consent and the positive
behaviour support plan or respite/community
access plan for the adult.

(3) However, the relevant service provider may only use the
restrictive practice under this section until the earlier of the
following—

(a) the public guardian gives the relevant service provider
notice about the public guardian’s decision whether to
give the consent;

(b) 30 days after the existing consent ends.

170 Using chemical, mechanical or physical restraint, or
restricting access, under short term approval

(1) A relevant service provider may use chemical, mechanical or
physical restraint on, or restrict access of, an adult with an
intellectual or cognitive disability if—

(a) there is an immediate and serious risk of harm to the
adult or others; and

(b) use of the restrictive practice—

(i) is necessary to prevent the adult’s behaviour
causing harm to the adult or others; and
Page 166 Current as at 5 June 2017—revised version

Authorised by the Parliamentary Counsel

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Schedule 8

Disability Services Act 2006
screening decision, in relation to a person, means a decision
about—

(a) whether a positive notice or a negative notice should be
issued to the person, including a decision about—

(i) whether a person’s positive notice should be
cancelled and substituted with a negative notice or
negative exemption notice; and

(ii) whether a person’s negative notice should be
cancelled and, if so, whether a positive notice or
positive exemption notice should be issued to the
person; and

(iii) whether a person’s negative notice should be
cancelled and substituted with a positive notice or
positive exemption notice; and

(iv) whether a person’s suspended positive notice
should be cancelled and a further prescribed notice
or an exemption notice issued to the person; or

(b) whether a positive exemption notice or negative
exemption notice should be issued to the person,
including a decision about—

(i) whether a person’s positive exemption notice
should be cancelled and substituted with a negative
exemption notice; and

(ii) whether a person’s negative exemption notice
should be cancelled and, if so, whether a positive
exemption notice or positive notice should be
issued to the person; and

(iii) whether a person’s negative exemption notice
should be cancelled and substituted with a positive
exemption notice or positive notice; and

(iv) whether a person’s suspended positive exemption
notice should be cancelled and a further exemption
notice or a prescribed notice issued to the person;
or

(c) whether an eligibility declaration should be issued to the
person.
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Schedule 8

Disability Services Act 2006
seclude, for part 6, see section 144.

serious offence see section 47.

service delivery principles means the principles stated in part
2, division 2.

service outlet means a place at which disability services are
provided.

service provider see section 13.

sexual offender order means a division 3 order, interim
detention order or interim supervision order under the
Dangerous Prisoners (Sexual Offenders) Act 2003.

short term approval, for part 6, see section 144.

stage 2 commencement date, for part 9, division 5,
subdivision 3, see section 269.

support network see the Guardianship and Administration
Act 2000, schedule 4.

temporary offender prohibition order means a temporary
order under the Child Protection (Offender Prohibition Order)
Act 2008.

transitional period, for part 9, division 3, see section 249(1).

tribunal means QCAT.

unamended Act—

(a) for part 9, division 5, subdivision 2—see section 262; or

(b) for part 9, division 5, subdivision 3—see section 269; or

(c) for part 9, division 5, subdivision 4—see section 279.

Working with Children Act means the Working with Children
(Risk Management and Screening) Act 2000.

WWC positive notice means a positive notice issued under the
Working with Children Act.
Current as at 5 June 2017—revised version Page 333

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