Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 (Qld)

Queensland Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Act No. 5 of 2014

Queensland Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of Disability Services Act 2006 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Replacement of pt 10A, hdg (Use of restrictive practices) . . . . . . 6 Replacement of s 123A (Purpose of pt 10A) . . . . . . . . . . . . . . . . 6 123A Purpose of pt 10A. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 123B (Service providers to which pt 10A applies) 7 Insertion of new s 123CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 123CA Principles for providing disability services to particular adults ................................ 8 Amendment of s 123E (Definitions for pt 10A) . . . . . . . . . . . . . . . 9 Amendment of s 123F (Meaning of chemical restraint) . . . . . . . . 11 Amendment of s 123G (Meaning of contain) . . . . . . . . . . . . . . . . 12 Amendment of s 123H (Meaning of mechanical restraint) . . . . . . 12 Omission of s 123I (Requirement to keep and implement a policy) 13 Replacement of s 123L (What is a positive behaviour support plan) 13 123L What is a positive behaviour support plan . . . . . . . . . 13 Amendment of s 123M (Containing or secluding an adult under containment or seclusion approval) . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 123N (Containing or secluding an adult for respite services or community access services) . . . . . . . . . . . . . . . . . . . 16 Amendment of s 123O (Containing or secluding an adult under short term approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Insertion of new s 123OA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Contents 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Page 2 123OA Containing or secluding an adult before decision on short term approval . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 123S (Development of positive behaviour support plan following assessment) . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 123ZA (Using chemical, mechanical or physical restraint, or restricting access, with consent of guardian etc.) . . . Amendment of s 123ZB (Using chemical, mechanical or physical restraint, or restricting access, for respite services or community access services). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 123ZC (Using chemical restraint (fixed dose) for respite services) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 123ZCA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123ZCA Using chemical, mechanical or physical restraint, or restricting access, if consent ended . . . . . . . . . . . . . . Amendment of s 123ZD (Using chemical, mechanical or physical restraint, or restricting access, under short term approval) . . . . . Insertion of new s 123ZDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123ZDA Using chemical, mechanical or physical restraint, or restricting access, before decision on short term approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 123ZF (Requirements for development of positive behaviour support plan—assessment and consultation) . . . . . . . Amendment of s 123ZK (Short term approval for use of restrictive practices other than containment or seclusion) . . . . . . . . . . . . . . Amendment of s 123ZL (Period for which short term approval has effect) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of ss 123ZM and 123ZN. . . . . . . . . . . . . . . . . . . . . . . . Omission of pt 10A, div 6 (Policy about use of restrictive practices) Amendment of s 123ZZC (Immunity from liability—individual acting for relevant service provider) . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 123ZZCA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123ZZCA Requirement to give statement about use of restrictive practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 123ZZDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123ZZDA Requirement to keep and implement procedure . . . . Amendment of s 123ZZE (Requirement to keep records and other documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 123ZZH (Relevant service provider may request confidential information from health professional, chief executive (health) or health service chief executive) . . . . . . . . . . . . . . . . . . Amendment of s 123ZZI (Relevant service providers must maintain confidentiality) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 17 18 18 18 18 19 20 20 20 21 21 22 23 23 23 24 24 25 25 26 26 26 2014 Act No. 5

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Contents 36 37 38 Part 3 39 40 41 42 43 44 45 46 47 48 49 50 Insertion of new pt 10A, div 8, sdiv 4 . . . . . . . . . . . . . . . . . . . . . . Subdivision 4 Reporting and provision of particular information 123ZZJ Requirement to give information about use of restrictive practice to chief executive . . . . . . . . . . . . . 123ZZK Chief executive may give information about use of restrictive practice . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 16, div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 9 Transitional provision for Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 325 Notice about use of restrictive practices. . . . . . . . . . . Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Guardianship and Administration Act 2000 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 80U (Definitions for ch 5B) . . . . . . . . . . . . . . . . Amendment of s 80W (Matters tribunal must consider) . . . . . . . . Amendment of s 80X (When tribunal may approve use of other restrictive practices) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 80ZD (Appointment) . . . . . . . . . . . . . . . . . . . . . Amendment of s 80ZE (Requirements for giving consent—guardian for restrictive practice (general) matter) . . . . Omission of section 80ZG (Application of pt 4) . . . . . . . . . . . . . . Amendment of s 80ZH (When adult guardian may give short-term approval for use of containment or seclusion) . . . . . . . . . . . . . . . Replacement of ss 80ZI and 80ZJ . . . . . . . . . . . . . . . . . . . . . . . . 80ZI When adult guardian may give short-term approval for use of containment or seclusion—new relevant service provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 80ZK (When adult guardian may give short-term approval for use of other restrictive practices) . . . . . . . . . . . . . . . Amendment of s 80ZM (Requirement for adult guardian to give notice of decision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 26 27 27 27 28 28 28 29 29 29 30 30 31 31 32 32 33 33 33 2014 Act No. 5 Page 3

Queensland Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Act No. 5 of 2014 An Act to amend the Disability Services Act 2006 and the Guardianship andAdministration Act 2000 for particular purposes [Assented to 13 March 2014]

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 . 2 Commencement This Act commences on a day to be fixed by proclamation. Part 2 Amendment of Disability Services Act 2006 3 Act amended This part amends the Disability Services Act 2006 . 4 Replacement of pt 10A, hdg (Use of restrictive practices) Part 10A, heading— omit, insert — Part 10A Positive behaviour support and restrictive practices 5 Replacement of s 123A (Purpose of pt 10A) Section 123A— Page 6 2014 Act No. 5

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 2 Amendment of Disability Services Act 2006 [s 6] omit, insert — 123A Purpose of pt 10A The purpose of this part is to protect the rights of adults with an intellectual or cognitive disability by— (a) stating principles to be taken into account by funded service providers in providing disability services to those adults with behaviour that causes harm to themselves or others; and (b) regulating the use of restrictive practices by funded service providers in relation to those adults in a way that— (i) has regard to the human rights of those adults; and (ii) safeguards them and others from harm; and (iii) maximises the opportunity for positive outcomes and aims to reduce or eliminate the need for use of the restrictive practices; and (iv) ensures transparency and accountability in the use of the restrictive practices. 6 Amendment of s 123B (Service providers to which pt 10A applies) Section 123B— insert — (3) To remove any doubt, this part applies to a funded service provider in relation to the provision of disability services to all adults with an intellectual or cognitive disability receiving disability services from the funded service 2014 Act No. 5 Page 7

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 2 Amendment of Disability Services Act 2006 [s 7] provider even if the disability services are not provided with the funding received. 7 Insertion of new s 123CA After section 123C— insert — 123CA Principles for providing disability services to particular adults (1) This section applies to an adult with an intellectual or cognitive disability if the adult’s behaviour causes harm to the adult or others. (2) A relevant service provider must provide disability services to the adult in a way that— (a) promotes the adult’s— (i) development and physical, mental, social and vocational ability; and (ii) opportunities for participation and inclusion in the community; and (b) responds to the adult’s needs and goals; and (c) ensures the adult and their family and friends are given an opportunity to participate in the development of strategies for the care and support of the adult; and (d) involves— (i) positive behaviour support planning informed by evidence-based best practice; and (ii) the implementation of strategies, to produce behavioural change, focussed on skills development and environmental design; and (e) ensures transparency and accountability in the use of restrictive practices; and Page 8 2014 Act No. 5

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 2 Amendment of Disability Services Act 2006 [s 8] (f) recognises that restrictive practices should only be used— (i) when necessary to prevent harm to the adult or others; and (ii) if the use is the least restrictive way of ensuring the safety of the adult or others; and (g) recognises that restrictive practices should not be used punitively or in response to behaviour that does not cause harm to the adult or others; and (h) aims to reduce the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others; and (i) aims to reduce or eliminate the need to use restrictive practices; and (j) if there is a positive behaviour support plan for the adult—ensures restrictive practices are only used consistent with the plan. Note — Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 123E, definition harm . 8 Amendment of s 123E (Definitions for pt 10A) (1) Section 123E, definitions keep and implement , restrictive practice and short term plan — omit . (2) Section 123E— insert — model positive behaviour support plan means a plan of that name prepared by the chief executive and published on the department’s website. 2014 Act No. 5 Page 9

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 2 Amendment of Disability Services Act 2006 [s 8] restrictive practice means any of the following practices used to respond to the behaviour of an adult with an intellectual or cognitive disability that causes harm to the adult or others— (a) containing or secluding the adult; (b) using chemical, mechanical or physical restraint on the adult; (c) restricting access of the adult. Note — Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 123E, definition harm . (3) Section 123E, definition physical restraint , ‘adult.’— omit, insert — adult in response to the adult’s behaviour that causes harm to the adult or others. Note — Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 123E, definition harm . (4) Section 123E, definition restricting access , after ‘to an object’— insert — in response to the adult’s behaviour that causes harm to the adult or others (5) Section 123E, definition restricting access — insert — Note — Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 123E, definition harm . (6) Section 123E, definition restricting access , examples, first dot point, from ‘locking’ to ‘an adult’— Page 10 2014 Act No. 5

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 2 Amendment of Disability Services Act 2006 [s 9] omit, insert — if an adult has a history of using knives to cause harm to others, locking a drawer in which knives are kept to prevent the adult (7) Section 123E, definition restricting access , examples, second dot point, ‘restricting an adult’s’— omit, insert — if an adult has Prader-Willi syndrome, restricting the adult’s (8) Section 123E, definition seclude , ‘prevented.’— omit, insert — prevented in response to the adult’s behaviour that causes harm to the adult or others. Note — Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 123E, definition harm . 9 Amendment of s 123F (Meaning of chemical restraint ) (1) Section 123F(1), ‘behaviour.’— omit, insert — behaviour in response to the adult’s behaviour that causes harm to the adult or others. Note — Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 123E, definition harm . (2) Section 123F(2)— omit, insert — (2) However, the following are not chemical restraint— (a) using medication for the proper treatment of a diagnosed mental illness or physical condition; 2014 Act No. 5 Page 11

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 2 Amendment of Disability Services Act 2006 [s 10] (b) using medication, for example a sedative, prescribed by a medical practitioner to facilitate or enable the adult to receive a single instance of health care under the GAA. Example of when subsection (2)(b) applies — sedating an adult before attending a dentist appointment is not chemical restraint 10 Amendment of s 123G (Meaning of contain ) Section 123G(1), ‘secluding the adult.’— omit, insert — secluding the adult, in response to the adult’s behaviour that causes harm to the adult or others. Note — Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 123E, definition harm . 11 Amendment of s 123H (Meaning of mechanical restraint ) (1) Section 123H(1), after ‘device’— insert — in response to the adult’s behaviour that causes harm to the adult or others (2) Section 123H(1)— insert — Note — Harm to a person includes physical harm to the person and a serious risk of physical harm to the person. See section 123E, definition harm . Page 12 2014 Act No. 5

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 2 Amendment of Disability Services Act 2006 [s 12] 12 Omission of s 123I (Requirement to keep and implement a policy) Section 123I— omit . 13 Replacement of s 123L (What is a positive behaviour support plan ) Section 123L— omit, insert — 123L What is a positive behaviour support plan (1) A positive behaviour support plan , for an adult with an intellectual or cognitive disability, is a plan that describes the strategies to be used to— (a) meet the adult’s needs; and (b) support the adult’s development of skills; and (c) maximise opportunities through which the adult can improve their quality of life; and (d) reduce the intensity, frequency and duration of the adult’s behaviour that causes harm to the adult or others. (2) A positive behaviour support plan, for an adult with an intellectual or cognitive disability, must include at least each of the following— (a) in relation to previous behaviour of the adult that has caused harm to the adult or others, a description of— (i) the intensity, frequency and duration of the behaviour; and (ii) the consequences of the behaviour; and (iii) the early warning signs and triggers for the behaviour, if known; 2014 Act No. 5 Page 13

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 2 Amendment of Disability Services Act 2006 [s 13] Page 14 (b) the positive strategies that must be attempted before using a restrictive practice, including the community access arrangements in place for the adult; (c) for each restrictive practice proposed to be used in relation to the adult— (i) the circumstances in which the restrictive practice is to be used; and (ii) a demonstration of why use of the restrictive practice is the least restrictive way of ensuring the safety of the adult or others; and (iii) the procedure for using the restrictive practice, including observations and monitoring, that must happen while the restrictive practice is being used; and (iv) any other measures that must happen while the restrictive practice is being used that are necessary to ensure— (A) the adult’s proper care and treatment; and (B) the adult is safeguarded from abuse, neglect and exploitation; and (v) a description of the anticipated positive and negative effects on the adult of using the restrictive practice; and (vi) the intervals at which use of the restrictive practice will be reviewed by the relevant service provider using the restrictive practice; (d) for seclusion—the maximum period for which seclusion may be used at any 1 time and the maximum frequency of the seclusion; 2014 Act No. 5

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 2 Amendment of Disability Services Act 2006 [s 14] (e) for chemical restraint— (i) the name of the medication to be used and any available information about the medication, including, for example, information about possible side effects; and (ii) the dose, route and frequency of administration, including, for medication to be administered as and when needed, the circumstances in which the medication may be administered, as prescribed by the adult’s treating doctor; and (iii) if the adult’s medication has previously been reviewed by the adult’s treating doctor—the date of the most recent medication review; and (iv) the name of the adult’s treating doctor; (f) for mechanical or physical restraint—the maximum period for which the restraint may be used at any 1 time. (3) For subsection (2)(c)(vi), use of a restrictive practice must be reviewed— (a) for a restrictive practice not used under a containment or seclusion approval—at least once during each 12-month period; or (b) for a restrictive practice used under a containment or seclusion approval—when required by the chief executive, and at least once during the period of the approval. 14 Amendment of s 123M (Containing or secluding an adult under containment or seclusion approval) (1) Section 123M(1)(d) and (3)— omit . 2014 Act No. 5 Page 15

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 2 Amendment of Disability Services Act 2006 [s 15] (2) Section 123M(1)(e)— renumber as section 123M(1)(d). (3) Section 123M(4)— renumber as section 123M(3). 15 Amendment of s 123N (Containing or secluding an adult for respite services or community access services) (1) Section 123N(1)(e)— omit . (2) Section 123N(1)(f)— renumber as section 123N(1)(e). 16 Amendment of s 123O (Containing or secluding an adult under short term approval) Section 123O(1)(d) to (f)— omit, insert — (d) the containment or seclusion complies with a short term approval given by the adult guardian under the GAA, chapter 5B, part 4; and (e) the relevant service provider complies with section 123Z. 17 Insertion of new s 123OA Part 10A, division 3, subdivision 1— insert — 123OA Containing or secluding an adult before decision on short term approval (1) A relevant service provider may contain or seclude an adult with an intellectual or cognitive disability if— Page 16 2014 Act No. 5

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 2 Amendment of Disability Services Act 2006 [s 18] (a) the relevant service provider has asked the adult guardian, in writing, for an approval under the GAA, chapter 5B, part 4 to contain or seclude the adult and the request has not been decided; and (b) the containment or seclusion— (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 (c) a positive behaviour support plan or a respite/community access plan for the adult is being implemented; and (d) the relevant service provider complies with section 123Z. (2) However, the relevant service provider may only contain or seclude the adult until the earlier of the following— (a) the relevant service provider is given notice about the adult guardian’s decision on the request; (b) 30 days after the relevant service provider asks for the short term approval. (3) It is not necessary to obtain the adult’s consent to the containment or seclusion of the adult under this section. 18 Amendment of s 123S (Development of positive behaviour support plan following assessment) Section 123S(4)— omit, insert — (4) In developing the positive behaviour support plan, the chief executive must— 2014 Act No. 5 Page 17

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 2 Amendment of Disability Services Act 2006 [s 19] (a) have regard to a model positive behaviour support plan; and (b) consult with, and consider the views of, each person who was consulted under section 123Q(3). 19 Amendment of s 123ZA (Using chemical, mechanical or physical restraint, or restricting access, with consent of guardian etc.) (1) Section 123ZA(1)(d) and (3)— omit . (2) Section 123ZA(4)— renumber as section 123ZA(3). 20 Amendment of s 123ZB (Using chemical, mechanical or physical restraint, or restricting access, for respite services or community access services) Section 123ZB(1)(e)— omit . 21 Amendment of s 123ZC (Using chemical restraint (fixed dose) for respite services) Section 123ZC(1), from ‘adult if—’— omit, insert — adult if use of the chemical restraint complies with the consent of a relevant decision-maker (respite) for the adult. 22 Insertion of new s 123ZCA After section 123ZC— insert — Page 18 2014 Act No. 5

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 2 Amendment of Disability Services Act 2006 [s 22] 2014 Act No. 5 123ZCA 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 adult guardian; and (b) the adult 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— (a) at least 30 days before the existing consent ends, the relevant service provider asks the adult 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 adult 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— Page 19

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 2 Amendment of Disability Services Act 2006 [s 23] (a) the adult guardian gives the relevant service provider notice about the adult guardian’s decision whether to give the consent; (b) 30 days after the existing consent ends. 23 Amendment of s 123ZD (Using chemical, mechanical or physical restraint, or restricting access, under short term approval) (1) Section 123ZD(1)(b)(iii), from ‘and,’ to ‘the short term plan’— omit. (2) Section 123ZD(1)(c)— omit. 24 Insertion of new s 123ZDA Part 10A, division 4, subdivision 1— insert — 123ZDA Using chemical, mechanical or physical restraint, or restricting access, before decision on 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) the relevant service provider has asked the chief executive, in writing, for an approval under section 123ZK to use the restrictive practice in relation to the adult and the request has not been decided; 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 20 2014 Act No. 5

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 2 Amendment of Disability Services Act 2006 [s 25] (ii) is the least restrictive way of ensuring the safety of the adult or others; and (c) a positive behaviour support plan or a respite/community access plan for the adult is being implemented. (2) However, the relevant service provider may only use the restrictive practice until the earlier of the following— (a) the relevant service provider is given notice about the chief executive’s decision on the request; (b) 30 days after the relevant service provider asks for the short term approval. (3) It is not necessary to obtain the adult’s consent to the use of a restrictive practice under this section. 25 Amendment of s 123ZF (Requirements for development of positive behaviour support plan—assessment and consultation) Section 123ZF(2)— insert — (d) have regard to a model positive behaviour support plan. 26 Amendment of s 123ZK (Short term approval for use of restrictive practices other than containment or seclusion) (1) Section 123ZK(2), after paragraph (a)— insert — (aa) the adult has impaired capacity for making decisions about the use of restrictive practices in relation to the adult; and (2) Section 123ZK(2)(b)(ii), from ‘consent’— omit, insert— 2014 Act No. 5 Page 21

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 2 Amendment of Disability Services Act 2006 [s 27] consent to the relevant service provider to use the restrictive practice in relation to the adult; and Note — It is not necessary to obtain the adult’s consent to the use of a restrictive practice under a short term approval. See section 123ZD. (3) Section 123ZK(2)(aa) to (e)— renumber as section 123ZK(2)(b) to (f). (4) Section 123ZK— insert — (5A) The chief executive may give the approval subject to the conditions the chief executive considers appropriate. (5) Section 123ZK(5A) to (8)— renumber as section 123ZK(6) to (9). (6) Section 123ZK— insert — (10) In this section— impaired capacity see the GuardianshipandAdministration Act 2000 , schedule 4. 27 Amendment of s 123ZL (Period for which short term approval has effect) (1) Section 123ZL(3)(a), from ‘to use the’— omit, insert — to the relevant service provider to use the restrictive practice in relation to the adult; or (2) Section 123ZL(3)(c) and (d)— omit . Page 22 2014 Act No. 5

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 2 Amendment of Disability Services Act 2006 [s 28] 28 Omission of ss 123ZM and 123ZN Sections 123ZM and 123ZN— omit . 29 Omission of pt 10A, div 6 (Policy about use of restrictive practices) Part 10A, division 6— omit . 30 Amendment of s 123ZZC (Immunity from liability—individual acting for relevant service provider) (1) Section 123ZZC(2)(f)— omit . (2) Section 123ZZC(2)(c) to (e)— renumber as section 123ZZC(e) to (g). (3) Section 123ZZC(2)— insert — (c) if the restrictive practice is used under section 123O or 123ZD—the relevant short term approval; or (d) if the restrictive practice is used under section 123OA or 123ZDA—the positive behaviour support plan or respite/community access plan for the adult; or (4) Section 123ZZC(2)— insert — (h) if the restrictive practice is used under section 123ZCA— (i) the existing consent for the adult under that section; and 2014 Act No. 5 Page 23

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 2 Amendment of Disability Services Act 2006 [s 31] (ii) the positive behaviour support plan or respite/community access plan for the adult. 31 Insertion of new s 123ZZCA Part 10A, division 8, subdivision 2— insert — 123ZZCA Requirement to give statement about use of restrictive practices (1) This section applies if a relevant service provider providing disability services to an adult with an intellectual or cognitive disability is considering using restrictive practices in relation to the adult. (2) The relevant service provider must give a statement in the approved form to the following persons about the use of restrictive practices generally— (a) the adult; (b) a person with a sufficient and continuing interest in the adult (an interested person ). (3) The statement must state— (a) why the relevant service provider is considering using restrictive practices in relation to the adult; and (b) how the adult and the interested person can be involved and express their views in relation to the use of restrictive practices; and (c) who decides whether restrictive practices will be used in relation to the adult; and (d) how the adult and the interested person can make a complaint about, or seek review of, the use of restrictive practices. Page 24 2014 Act No. 5

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 2 Amendment of Disability Services Act 2006 [s 32] (4) Also, the relevant service provider must explain the statement to the adult— (a) in the language or way the adult is most likely to understand; and (b) in a way that has appropriate regard to the adult’s age, culture, disability and communication ability. Example of a way for paragraph (a) or (b) — by using visual or other aids 32 Insertion of new s 123ZZDA After section 123ZZD— insert — 123ZZDA Requirement to keep and implement procedure (1) This section applies to a relevant service provider who uses a restrictive practice in relation to an adult with an intellectual or cognitive disability. (2) The relevant service provider must keep and implement procedures that ensure an individual acting for the relevant service provider who uses the restrictive practice in relation to the adult— (a) has sufficient knowledge of the requirements for lawful use of the restrictive practice; and (b) has the skills and knowledge required to use the restrictive practice appropriately. (3) In this section— keep and implement , for a procedure, means— (a) prepare the procedure and keep it up to date; and (b) implement and comply with the procedures; and 2014 Act No. 5 Page 25

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 2 Amendment of Disability Services Act 2006 [s 33] (c) keep a copy of the up-to-date procedure at premises where the restrictive practice is used. 33 Amendment of s 123ZZE (Requirement to keep records and other documents) Section 123ZZE(3)(c), ‘and any short term plan’— omit . 34 Amendment of s 123ZZH (Relevant service provider may request confidential information from health professional, chief executive (health) or health service chief executive) (1) Section 123ZZH(1)(c)— omit . (2) Section 123ZZH(1)(d)— renumber as section 123ZZH(1)(c). 35 Amendment of s 123ZZI (Relevant service providers must maintain confidentiality) Section 123ZZI(1)(b)(ii), ‘or short term plan’— omit . 36 Insertion of new pt 10A, div 8, sdiv 4 Part 10A, division 8— insert — Page 26 2014 Act No. 5

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 2 Amendment of Disability Services Act 2006 [s 37] Subdivision 4 Reporting and provision of particular information 123ZZJ Requirement to give information about use of restrictive practice to chief executive (1) This section applies to a relevant service provider using a restrictive practice in relation to an adult with an intellectual or cognitive disability. (2) The relevant service provider must give to the chief executive, in the way and at the times prescribed under a regulation, information about the use of the restrictive practice prescribed under a regulation. 123ZZK Chief executive may give information about use of restrictive practice (1) This section applies to information given to the chief executive by a relevant service provider under section 123ZZJ. (2) The chief executive may give the information to any or all of the following— (a) QCAT; (b) the adult guardian; (c) the public advocate under the GAA; (d) the relevant service provider. 37 Insertion of new pt 16, div 9 Part 16— insert — 2014 Act No. 5 Page 27

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 3 Amendment of Guardianship and Administration Act 2000 [s 38] Division 9 Transitional provision for Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 325 Notice about use of restrictive practices (1) This section applies if on the commencement of this section a relevant service provider is using restrictive practices in relation to an adult with an intellectual or cognitive disability. (2) Section 123ZZCA applies to the relevant service provider as if the relevant service provider was considering using restrictive practices in relation to the adult on the commencement of this section. 38 Amendment of sch 7 (Dictionary) (1) Schedule 7, definitions keep and implement and short term plan — omit . (2) Schedule 7— insert— model positive behaviour support plan , for part 10A, see section 123E. Part 3 Amendment of Guardianship and Administration Act 2000 39 Act amended This part amends the GuardianshipandAdministrationAct2000 . Page 28 2014 Act No. 5

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 3 Amendment of Guardianship and Administration Act 2000 [s 40] 40 Amendment of s 80U (Definitions for ch 5B) Section 80U, definition short term plan — omit . 41 Amendment of s 80W (Matters tribunal must consider) (1) Section 80W, heading, ‘must’— omit, insert — to (2) Section 80W— insert — (2) Also, in deciding whether to give the containment or seclusion approval, the tribunal may consider the following— (a) the findings, theories and recommendations of each person who assessed the adult; (b) 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; (c) the views of each person consulted during the assessment of the adult and the development of the positive behaviour support plan about the use of containment or seclusion; (d) the way in which the relevant service provider will support and supervise staff involved in implementing the positive behaviour support plan. 42 Amendment of s 80X (When tribunal may approve use of other restrictive practices) (1) Section 80X(4)— 2014 Act No. 5 Page 29

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 3 Amendment of Guardianship and Administration Act 2000 [s 43] omit, insert — (4) In deciding whether to make the order, the tribunal— (a) must consider— (i) the matters stated in section 80W(1); and (ii) if the other restrictive practice is chemical restraint—the views of the adult’s treating doctor about the use of the chemical restraint; and (b) may consider the matters stated in section 80W(2). (2) Section 80X(5), ‘(4)(a)’— omit, insert — (4)(a)(i) and (b) 43 Amendment of s 80ZD (Appointment) Section 80ZD(4), ‘12 months’— omit, insert — 2 years 44 Amendment of s 80ZE (Requirements for giving consent—guardian for restrictive practice (general) matter) Section 80ZE— insert — (6) Also, in deciding whether to give the consent, the guardian may consider the following— (a) the findings, theories and recommendations of each person who assessed the adult; Page 30 2014 Act No. 5

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 3 Amendment of Guardianship and Administration Act 2000 [s 45] (b) 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; (c) the views of each person consulted during the assessment of the adult and the development of the positive behaviour support plan about the use of the restrictive practice; (d) the way in which the relevant service provider will support and supervise staff involved in implementing the positive behaviour support plan. 45 Omission of section 80ZG (Application of pt 4) Section 80ZG— omit . 46 Amendment of s 80ZH (When adult guardian may give short-term approval for use of containment or seclusion) (1) Section 80ZH, before subsection (1)— insert — (1A) This section does not apply for an adult if— (a) there is a containment or seclusion approval in relation to the adult; or (b) both of the following apply— (i) there is a guardian for a restrictive practice (respite) matter for the adult; (ii) 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. 2014 Act No. 5 Page 31

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 3 Amendment of Guardianship and Administration Act 2000 [s 47] (2) Section 80ZH(1), ‘an adult’— omit, insert — the adult (3) Section 80ZH— insert — (3A) The adult guardian may give the approval subject to the conditions the adult guardian considers appropriate. (4) Section 80ZH(5)— omit . (5) Section 80ZH(1A) to (6)— renumber as section 80ZH(1) to (7). 47 Replacement of ss 80ZI and 80ZJ Sections 80ZI and 80ZJ— omit, insert — 80ZI When adult guardian may give short-term approval for use of containment or seclusion—new relevant service provider (1) This section applies for an adult in relation to a relevant service provider if the relevant service provider is not providing, and proposes to provide, disability services to the adult. (2) The adult guardian may give approval for the relevant service provider to contain or seclude the adult if the adult guardian is satisfied of the matters in section 80ZH(2)(a) to (d). (3) Section 80ZH(3) to (7) applies in relation to the approval. Page 32 2014 Act No. 5

Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Part 3 Amendment of Guardianship and Administration Act 2000 [s 48] 48 Amendment of s 80ZK (When adult guardian may give short-term approval for use of other restrictive practices) (1) Section 80ZK(1), after ‘under section 80ZH’— insert — or 80ZI (2) Section 80ZK(1), ‘section 80ZH(1)(a)’— omit, insert — section 80ZH(2)(a) (3) Section 80ZK(4) to (7)— omit, insert — (4) An approval given under this section ends— (a) if a guardian for a restrictive practice (general) matter for the adult gives, or refuses to give, consent to the relevant service provider to use the restrictive practice in relation to the adult; or (b) otherwise—on the day the approval given under section 80ZH or 80ZI ends. 49 Amendment of s 80ZM (Requirement for adult guardian to give notice of decision) Section 80ZM(1)(f), ‘section 80ZH(2)’— omit, insert — section 80ZH(3) 50 Amendment of sch 4 (Dictionary) Schedule 4, definition short term plan — omit . © State of Queensland 2014 Authorised by the Parliamentary Counsel 2014 Act No. 5 Page 33