Disability Services Amendment Regulation (No. 1) 2015 (Qld)

Queensland Disability Services Amendment Regulation (No. 1) 2015 Subordinate Legislation 2015 No. 66 made under the DisabilityServicesAct2006 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Replacement of s 4 (Fee for application for prescribed notice—Act, s 83) 2 4 Fee for application for prescribed notice—Act, s 52 . . 2 5 Amendment of s 5 (Documents relating to proof of engaged person’s identity—Act, s 83) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Replacement of ss 6 to 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Fee for application for cancellation—Act, s 82 . . . . . . 3 7 Fee for application for replacement—Act, s 92. . . . . . 3 8 Fee for application for an eligibility declaration—Act, s 99 3 8A Information about restrictive practice approvals—Act, s 199(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8B Information about use of restrictive practices—Act, s 199(2) 5 7 Amendment of s 9 (Records—Act, s 214) . . . . . . . . . . . . . . . . . . 6 8 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 7

Disability Services Amendment Regulation (No. 1) 2015 [s 1] 1 Short title This regulation may be cited as the Disability Services Amendment Regulation (No. 1) 2015 . 2 Commencement This regulation commences on 1 July 2015. 3 Regulation amended This regulation amends the Disability Services Regulation 2006. 4 Replacement of s 4 (Fee for application for prescribed notice—Act, s 83) Section 4— omit, insert— 4 Fee for application for prescribed notice—Act, s 52 For section 52(2)(d) of the Act, the prescribed fee is $83.20. 5 Amendment of s 5 (Documents relating to proof of engaged person’s identity—Act, s 83) (1) Section 5, heading, ‘s 83’— omit, insert— s 52 (2) Section 5(1), ‘section 83(3)(b)’— omit, insert— section 52(3)(b) 6 Replacement of ss 6 to 8 Sections 6 to 8— Page 2 2015 SL No. 66

Disability Services Amendment Regulation (No. 1) 2015 [s 6] omit, insert— 6 Fee for application for cancellation—Act, s 82 For section 82(5)(c) of the Act, the prescribed fee is $83.20. 7 Fee for application for replacement—Act, s 92 For section 92(2) of the Act, the prescribed fee is $12.60. 8 Fee for application for an eligibility declaration—Act, s 99 For section 99(4)(c) of the Act, the prescribed fee is $83.20. 8A Information about restrictive practice approvals—Act, s 199(2) (1) This section applies if a relevant service provider is given a restrictive practice approval to use a restrictive practice in relation to an adult with an intellectual or cognitive disability. (2) The relevant service provider must give the following information to the chief executive— (a) the adult’s— (i) full name; and (ii) unique client identifier; and (iii) date of birth; and (iv) gender; and (v) primary disability; (b) the relevant service provider’s— (i) name; and (ii) provider number; and 2015 SL No. 66 Page 3

Disability Services Amendment Regulation (No. 1) 2015 [s 6] (iii) contact telephone number; and (iv) email address; (c) the type of disability services provided by the service provider; (d) the person, identified by name or position title, authorised by the service provider to use the restrictive practice; (e) the type of approval; (f) the restrictive practice; (g) who gave the approval; (h) the date of the positive behaviour support plan for the adult that provides for the use of the restrictive practice; (i) the date the approval was given; (j) the date the approval expires. (3) If the restrictive practice approval is changed in a way that changes the information given under subsection (2), the relevant service provider must give the changed information to the chief executive. (4) The relevant service provider must give the information to the chief executive in the form approved by the chief executive. (5) The relevant service provider must give the information to the chief executive within 14 days after the approval or change to which the information relates is given or made. (6) In this section— provider number , for a relevant service provider, means the unique number allocated to the relevant service provider under a service contract between the relevant service provider and the department. Page 4 2015 SL No. 66

Disability Services Amendment Regulation (No. 1) 2015 [s 6] 8B Information about use of restrictive practices—Act, s 199(2) (1) This section applies if a relevant service provider uses a restrictive practice in relation to an adult with an intellectual or cognitive disability. (2) The relevant service provider must give the following information to the chief executive for each calendar month in which the restrictive practice is used— (a) the adult’s full name; (b) the adult’s unique client identifier; (c) the restrictive practice used; (d) the days on which, or the days between which, the restrictive practice was used; (e) the times when the restrictive practice started and ended on each of the days; (f) the frequency with which the restrictive practice was used; (g) any episodic or isolated uses of the restrictive practice; (h) the place where the restrictive practice was used; (i) any injury to a person that happened when the restrictive practice was used; (j) if a mechanical or physical restraint was used—the type of restraint; (k) if the restrictive practice involved restricting access to an object—the object; (l) if a medication was used as a chemical restraint— (i) the generic name of the medication; and 2015 SL No. 66 Page 5

Disability Services Amendment Regulation (No. 1) 2015 [s 7] (ii) the proprietary name of the medication; and (iii) the prescribed dose of the medication; and (iv) the prescribed frequency of the dose of the medication; and (v) the name of the doctor who prescribed the medication. (3) The relevant service provider must give the information to the chief executive using an electronic system approved by the chief executive. (4) The relevant service provider must give the information to the chief executive— (a) on the second Friday of the calendar month immediately after the calendar month in which the restrictive practice is used; and (b) at other times if the chief executive, by written notice, requires the relevant service provider to do so. (5) A notice under subsection (4)(b) must state— (a) the period to which the information must relate; and (b) the type of information, mentioned in subsection (2), that the relevant service provider is required to give; and (c) when the relevant service provider must give the information to the chief executive. 7 Amendment of s 9 (Records—Act, s 214) (1) Section 9, heading ‘s 214’— omit, insert— s 215 Page 6 2015 SL No. 66

Disability Services Amendment Regulation (No. 1) 2015 [s 8] (2) Section 9(1), ‘section 214’— omit, insert— section 215 8 Amendment of sch 4 (Dictionary) Schedule 4— insert — restrictive practice approval see section 195(7) of the Act. unique client identifier , for an adult, means the unique number allocated to the adult by the department. ENDNOTES 1 Made by the Governor in Council on 25 June 2015. 2 Notified on the Queensland legislation website on 26 June 2015. 3 The administering agency is the Department of Communities, Child Safety and Disability Services. © State of Queensland 2015 Authorised by the Parliamentary Counsel 2015 SL No. 66 Page 7