ek A tts y Queensland Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 Queensland Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 Contents Page Part 1 Preliminary 1 Short title 2.0... ee ee 6 2 Commencement... .......... 0.0 c cee eee eee 6 Part 2 Amendment of Disability Services Act 2006 3 Actamended ......... 0.0 c cece cece eet eens 6 4 Replacement of pt 10A, hdg (Use of restrictive practices)... ... 6 5 Replacement of s 123A (Purpose of pt 10A)................ 6 123A Purpose of pt 10A.................00 02.0. 7 6 Amendment of s 123B (Service providers to which pt 10A applies) 7 7 Insertion of new S$ 123CA... 2... eee 8 123CA Principles for providing disability services to particular adultS cece ee 8 8 Amendment of s 123E (Definitions for pt 10A)............... 9 9 Amendment of s 123F (Meaning of chemical restraint) ........ 11 10 Amendment of s 123G (Meaning of contain) ................ 12 11 Amendment of s 123H (Meaning of mechanical restraint) ...... 12 12 Omission of s 1231 (Requirement to keep and implement a policy) 13 13 Replacement of s 123L (What is a positive behaviour support plan) 13 123L What is a positive behaviour support plan......... 13 14 Amendment of s 123M (Containing or secluding an adult under containment or seclusion approval) ............0.....00005 15 15 Amendment of s 123N (Containing or secluding an adult for respite services or community access services) ................... 16 16 Amendment of s 1230 (Containing or secluding an adult under short term approval). . 0.0.0... 000... cee eee eee eee 16 17 Insertion of new S$ 1230A....... 0... eee eee 16 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 Contents 1230A Containing or secluding an adult before decision on short term approval ....................0..00. 18 Amendment of s 123S (Development of positive behaviour support plan following assessment) .............-..--00005 19 Amendment of s 123ZA (Using chemical, mechanical or physical restraint, or restricting access, with consent of guardian etc.) . . . 20 Amendment of s 123ZB (Using chemical, mechanical or physical restraint, or restricting access, for respite services or community ACCESS SEIVICES).. 1. teen ee 21 Amendment of s 123ZC (Using chemical restraint (fixed dose) for respite services)... 0.0... eee eee eee 22 Insertion of new $ 123ZCA... 2... eee 123ZCA Using chemical, mechanical or physical restraint, or restricting access, if consent ended.............. 23 Amendment of s 123ZD (Using chemical, mechanical or physical restraint, or restricting access, under short term approval) .... . 24 Insertion of news 123ZDA...... 0.0.60 eee 123ZDA Using chemical, mechanical or physical restraint, or restricting access, before decision on short term approval ow. eee eee 25 Amendment of s 123ZF (Requirements for development of positive behaviour support plan—assessment and consultation) ....... 26 Amendment of s 123ZK (Short term approval for use of restrictive practices other than containment or seclusion) .............. 27 Amendment of s 123ZL (Period for which short term approval has effect) 2.0.0... eee eee 28 Omission of ss 123ZM and 123ZN...............00022000. 29 Omission of pt 10A, div 6 (Policy about use of restrictive practices) 30 Amendment of s 123ZZC (Immunity from liability—individual acting for relevant service provider) .................-..--. 31 Insertion of new Ss 123ZZCA.... 2. ee 123ZZCA Requirement to give statement about use of restrictive Practices ............ 0.0.0.2 eee eee 32 Insertion of new $s 123ZZDA.... 2... ee 123ZZDA Requirement to keep and implement procedure .... 33 Amendment of s 123ZZE (Requirement to keep records and other documents) .......... 00.0.0 cece eee eee eee eee 34 Amendment of s 123ZZH (Relevant service provider may request confidential information from health professional, chief executive (health) or health service chief executive) .................. 35 Amendment of s 123ZZI (Relevant service providers must maintain confidentiality) ............. 0.0... e eee eee Page 2 18 2324 25 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 Part 34042 44 46 Contents Insertion of new pt 10A, div 8, sdiv4...................02. 26 Subdivision 4 — Reporting and provision of particular information 123ZZJ | Requirement to give information about use of restrictive practice to chief executive ............. 27 123ZZK Chief executive may give information about use of restrictive practice .......................00.0. 27 Insertion of new pt 16, div9.......... 0... eee eee eee 27 Division 9 Transitional provision for Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2013 325 Notice about use of restrictive practices........... 28 Amendment of sch 7 (Dictionary)... ...................005. 28 Amendment of Guardianship and Administration Act 2000 Actamended ......... 00. c cece cece ete tees 28 Amendment of s 80U (Definitions forch 5B) ................ 29 Amendment of s 80W (Matters tribunal must consider)........ 29 Amendment of s 80X (When tribunal may approve use of other restrictive practices) ........ 0... cee eee ee eee 29 Amendment of s 80ZD (Appointment) ..................0.. 30 Amendment of s 80ZE (Requirements for giving consent—guardian for restrictive practice (general) matter) .... 30 Omission of section 80ZG (Application of pt 4) .............. 31 Amendment of s 80ZH (When adult guardian may give short-term approval for use of containment or seclusion) ............... 31 Replacement of ss 80ZI and 80ZJ..................00000. 32 80Zl When adult guardian may give short-term approval for use of containment or seclusion—new relevant service provider ...... 00... cece cece ee eee ee 32 Amendment of s 80ZK (When adult guardian may give short-term approval for use of other restrictive practices) ............... 33 Amendment of s 80ZM (Requirement for adult guardian to give notice of decision) ........... 0.00 e cece eee eee eee 33 Amendment of sch 4 (Dictionary)... .............0.....005. 33 Page 3 A Bill for An Act to amend the Disability Services Act 2006 and the Guardianship and Administration Act 2000 for particular purposes Clause Clause Clause Clause Clause Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary Short title This Act may be cited as the Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2013. 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) Page 6 Section 123A— 11 1315 17 19 Clause 6 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 Part 2 Amendment of Disability Services Act 2006 omit, insert— [s 6] 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) (b) 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 regulating the use of restrictive practices by funded service providers in relation to those adults in a way that— (i) (ii) (iii) (iv) has regard to the human rights of those adults; and safeguards them and others from harm; and maximises the opportunity for positive outcomes and aims to reduce or eliminate the need for use of the restrictive practices; and ensures transparency and accountability in the use of the restrictive practices. 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 Page 7 OANDMN BPW NN See NRO pe Ww Ree num Noe ee laa onc | NNN WN 25 27 2931 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 Part 2 Amendment of Disability Services Act 2006 [s 7] Clause 7 Page 8 provider even if the disability services are not provided with the funding received. Insertion of new s 123CA After section 123C— insert— 123CA Principles for providing disability services to particular adults d) (2) This section applies to an adult with an intellectual or cognitive disability if the adult's behaviour causes harm to the adult or others. A relevant service provider must provide disability services to the adult in a way that— (a) promotes the adult's— (b) (c) (d) (i) (ii) development and physical, mental, social and vocational ability; and opportunities for participation and inclusion in the community; and responds to the adult's needs and goals; and 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 involves— (i) (ii) positive behaviour support planning informed by _ evidence-based _ best practice; and the implementation of strategies, to produce behavioural change, focussed on skills development and environmental design; and ensures transparency and accountability in the use of restrictive practices; and Noe OD ANAD NN FW 12 15 17 2022 252830 32 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 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 G) 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. Clause 8 Amendment of s 123E (Definitions for pt 10A) d) (2) Section 123E, definitions keep and implement, restrictive practice and short term plan— omit. 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. Page 9 om ANADN FW Ne ee re oO eilantilend BWN eR nun pre oon N Oo NNW WN 26 2831 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 Part 2 Amendment of Disability Services Act 2006 [s 8] Page 10 (3) (4) (5) (6) 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. 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. 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 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. Section 123E, definition restricting access, examples, first dot point, from 'locking' to 'an adult'— ~CeAID MN BPWNK \o See NRO — Re Rw eR nun — ey NoOee laaoke <) NN Noe N Les) NWN oN NY WY NW N oo WwWhNy RPOw WW UD Wn Clause 9 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 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. 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; Page 11 eoAND NB WN Fe 11 141720 2326 28 30 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 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 Clause 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. Clause 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 CN DWD NABWNR 11 13 161922 24 27 Clause 12 Clause 13 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 Part 2 Amendment of Disability Services Act 2006 [s 12] Omission of s 1231 (Requirement to keep and implement a policy) Section 123I— omit. Replacement of s 123L (What is a positive behaviour Support plan) Section 123L— omit, insert— 123L What is a positive behaviour support plan d) (2) 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) (b) (c) (d) meet the adult's needs; and support the adult's development of skills; and maximise opportunities through which the adult can improve their quality of life; and reduce the intensity, frequency and duration of the adult's behaviour that causes harm to the adult or others. 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; Page 13 BW Ne on aN 1115 17 19222528 31 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 Part 2 Amendment of Disability Services Act 2006 [s 13] Page 14 (b) (c) (d) the positive strategies that must be attempted before using a restrictive practice, including the community access arrangements in place for the adult; 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; for seclusion—the maximum period for which seclusion may be used at any | time and the maximum frequency of the seclusion; CON DW BWHH 111416 1821 23262931 3335 Clause 14 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 (3) Part 2 Amendment of Disability Services Act 2006 [s 14] (e) for chemical restraint— (f) (i) (ii) the name of the medication to be used and any available information about the medication, including, for example, information about possible side effects; and 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; for mechanical or physical restraint—the maximum period for which the restraint may be used at any | time. 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. Amendment of s 123M (Containing or secluding an adult under containment or seclusion approval) (1) Section 123M(1)(d) and (3)— omit. Page 15 OAN ANP WN RRR WNrF © ei alll otras ADWNH me ioe} NNY ro) NN WN NNN Duns wryNnNnN CouoAN 32 34 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 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). Clause 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). Clause 16 Amendment of s 1230 (Containing or secluding an adult under short term approval) Section 1230(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. Clause 17 Insertion of new s 1230A Part 10A, division 3, subdivision 1— insert— 1230A 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 BR WN Co ON DAN 12 14 1618 20 2225 27 Clause 18 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 (a) (b) (c) (d) Part 2 Amendment of Disability Services Act 2006 [s 18] 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 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 a positive behaviour support plan or a respite/community access plan for the adult is being implemented; and 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) (b) (3) It is not necessary to obtain the adult's consent to the relevant service provider is given notice about the adult guardian's decision on the request; 30 days after the relevant service provider asks for the short term approval. the containment or seclusion of the adult under this section. 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— Page 17 COMI DD NSWNE ee re oO RRR BWN Ree nn RRR own NNW NRO NN KO NNN ADNAN 29 31 33 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 Part 2 Amendment of Disability Services Act 2006 [s 19] Clause 19 Clause 20 Clause 21 Clause 22 Page 18 (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). 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). 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. 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. Insertion of new s 123ZCA After section 123ZC— insert— ABW NR \o OND 12 1417 19 21 2326 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 Part 2 Amendment of Disability Services Act 2006 [s 22] 123ZCA Using chemical, mechanical or physical restraint, or restricting access, if consent ended d) (2) (3) This section applies if— (a) (b) the guardian for a restrictive practice matter for an adult with an intellectual or cognitive disability is the adult guardian; and 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. A relevant service provider may use the restrictive practice after the existing consent ends if— (a) (b) (c) 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 at the time the existing consent ends, the adult guardian has not decided whether to give the consent; and 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. However, the relevant service provider may only use the restrictive practice under this section until the earlier of the following— Page 19 Com ANDN FP WHY ee a) eilendilesd BWN [aol aol etl ello COMANDN NNW NRO N Les) NNN Nn NN on WwWwh NRFO"! WW LW MB WwW Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 Part 2 Amendment of Disability Services Act 2006 [s 23] Clause 23 Clause 24 Page 20 (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. 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. 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 BR WNFR Om ANDNN 12 14 172022 242630 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 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. Clause 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. Clause 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— Page 21 CID WRW NE \o 11 13 15 1720 22 24 26 2831 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 Part 2 Amendment of Disability Services Act 2006 [s 27] Clause 27 Page 22 (3) (4) (5) (6) 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. Section 123ZK(2)(aa) to (e)— renumber as section 123ZK(2)(b) to (f). Section 123ZK— insert— (SA) The chief executive may give the approval subject to the conditions the chief executive considers appropriate. Section 123ZK(5A) to (8)— renumber as section 123ZK(6) to (9). Section 123ZK— insert— (10) 'In this section— impaired capacity see the Guardianship and Administration Act 2000, schedule 4. Amendment of s 123ZL (Period for which short term approval has effect) d) (2) 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 Section 123ZL(3)(c) and (d)— omit. om N ANB W Ne — So RRR WNe el et el oe we aorntnan Ne ow 22 24 26 28 Clause 28 Clause 29 Clause 30 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 Part 2 Amendment of Disability Services Act 2006 [s 28] Omission of ss 123ZM and 123ZN Sections 123ZM and 123ZN— omit. Omission of pt 10A, div 6 (Policy about use of restrictive practices) Part 10A, division 6— omit. 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 1230 or 123ZD—the relevant short term approval; or (d) if the restrictive practice is used under section 1230A 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 Page 23 NA WA oe 111315 17202225 27 29 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 Part 2 Amendment of Disability Services Act 2006 [s 31] Clause 31 Page 24 (ii) the positive behaviour support plan or respite/community access plan for the adult. Insertion of new s 123ZZCA Part 10A, division 8, subdivision 2— insert— 123ZZCA Requirement to give statement about use of restrictive practices d) (2) (3) 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. 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). 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. ww CN nD Nn 111416 19 222527 29 31 Clause 32 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 (4) Part 2 Amendment of Disability Services Act 2006 [s 32] 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 Insertion of new s 123ZZDA After section 123ZZD— insert— 123ZZDA Requirement to keep and implement procedure d) (2) (3) This section applies to a relevant service provider who uses a restrictive practice in relation to an adult with an intellectual or cognitive disability. 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. 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 Page 25 Oo mAANDN PW NYE 1114 161921 2326 28 30 32 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 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. Clause 33 Amendment of s 123ZZE (Requirement to keep records and other documents) Section 123ZZE(3)(c), 'and any short term plan'-— omit. Clause 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). Clause 35 Amendment of s 123ZZI (Relevant service providers must maintain confidentiality) Section 123ZZI(1)(b)(i), 'or short term plan'— omit. Clause 36 Insertion of new pt 10A, div 8, sdiv 4 Part 10A, division 8— insert— Page 26 WNe NDA wa 11 1315 17 19 21 Clause 37 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 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 d) (2) This section applies to a relevant service provider using a restrictive practice in relation to an adult with an intellectual or cognitive disability. 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 d) (2) This section applies to information given to the chief executive by a relevant service provider under section 123ZZJ. 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. Insertion of new pt 16, div 9 Part 16— insert— Page 27 N om Nn FW 1114 1619 2123 25 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 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 2013 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. Clause 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 Clause 39 Act amended Page 28 This part amends the Guardianship and Administration Act 2000. nAbBWN Re oman an 1214 17 1922 24 27 Clause 40 Clause 41 Clause 42 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 Part 3 Amendment of Guardianship and Administration Act 2000 [s 40] Amendment of s 80U (Definitions for ch 5B) Section 80U, definition short term plan— omit. Amendment of s 80W (Matters tribunal must consider) (1) Section 80W, heading, 'must'— omit, insert— to (2) Section 830W— insert— (2) Also, in deciding whether to give the containment or seclusion approval, the tribunal may consider the following— (a) (b) (c) (d) the findings, theories and recommendations of each person who assessed the adult; 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; 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; the way in which the relevant service provider will support and supervise staff involved in implementing the positive behaviour support plan. Amendment of s 80X (When tribunal may approve use of other restrictive practices) (1) Section 80X(4)— Page 29 onan s 1114 161821232628 30 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 Part 3 Amendment of Guardianship and Administration Act 2000 [s 43] Clause 43 Clause 44 Page 30 omit, insert— (4) In deciding whether to make the order, the tribunal— (a) must consider— (i) the matters stated in section 80W(1); and (i) 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)G@) and (b) Amendment of s 80ZD (Appointment) Section 80ZD(4), '12 months'— omit, insert— 2 years 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; COAN DN FB WN — So ao Ne Re ee mn & WwW 1719 2124 26 28 Clause 45 Clause 46 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 Part 3 Amendment of Guardianship and Administration Act 2000 (b) (c) (d) [s 45] 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; 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; the way in which the relevant service provider will support and supervise staff involved in implementing the positive behaviour support plan. Omission of section 80ZG (Application of pt 4) Section 80ZG— omit. 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) (b) there is a containment or seclusion approval in relation to the adult; or 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. Page 31 OAND NPWNE — So eelilantilertian' BRWNe 1619 2124 27 2931 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 Part 3 Amendment of Guardianship and Administration Act 2000 [s 47] Clause 47 Page 32 (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). 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 d) (2) (3) 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. 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). Section 80ZH(3) to (7) applies in relation to the approval. COC MAAIAD UN FF WN SS Se NF oO 14 172022 2426 28 Clause 48 Clause 49 Clause 50 Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2013 Part 3 Amendment of Guardianship and Administration Act 2000 [s 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) (b) 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 otherwise—on the day the approval given under section 80ZH or 80ZI ends. 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) Amendment of sch 4 (Dictionary) Schedule 4, definition short term plan— omit. © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 33 oO mMmrnNn nN fF W Ne Se cr SO RR RRR NNnbWN RR on 20 2225