Glossary

means the body of traditions, observances, customs and beliefs of Aboriginal people generally or of a particular community or group of Aboriginal people, and includes any such traditions, observances, customs and beliefs relating to particular persons, areas, objects or relationships (Section 36 of the Acts Interpretation Act 1954).

means a person who is 18 years of age or older.

means an adult with a disability who has a condition attributable to an intellectual or cognitive impairment, or a combination of the impairments.

means an adult with an intellectual or cognitive disability who cannot safely exit premises where disability services are provided to the adult without supervision, if the only reason the adult cannot safely exit the premises without supervision is:

• the adult lacks road safety skills, or
• the adult is vulnerable to abuse or exploitation by others, or
• the adult is unable to find his or her way back to the premises, or
• another reason prescribed under a regulation.

is a person having the qualifications or experience appropriate to conduct an assessment. Examples of who might be appropriately qualified or experienced persons include behaviour analysts, medical practitioners, psychologists, psychiatrists, speech and language pathologists, occupational therapists, social workers, and persons with demonstrated experience in behaviour support practices. The role of the appropriately qualified or experienced person may be undertaken by department staff, staff of funded non-government service providers or persons from the private sector.

means an assessment by one or more persons for the purposes of gaining an understanding of the adult and the possible reasons for the behaviour.

Related terms: Multidisciplinary assessment

or an adult with an intellectual or cognitive disability in relation to a restrictive practice means a guardian for the adult who is:

• appointed before 1 July 2008 under the Guardianship and Administration Act 2000, and
• authorised under that Act, in accordance with the terms of the guardian's appointment, to make
• decisions about the use of the restrictive practice in relation to the adult.

Known in the Torres Strait as Ailan Kastom, means the body of customs, traditions, observances and beliefs of Torres Strait Islanders generally, or of a particular community or group of Torres Strait Islanders, and includes any such customs, traditions, observances and beliefs relating to particular persons, areas, objects or relationships (Section 36 of the Acts Interpretation Act 1954).

means behaviour of the adult that either causes physical harm to the adult or others, or represents a serious risk of harm to the adult or others (also referred to as behaviour that causes harm).

of an adult with an intellectual or cognitive disability means the use of medication for the primary purpose of controlling the adult's behaviour. It is important to note, however, that using medication for the proper treatment of a diagnosed mental illness or physical condition is not chemical restraint. For the purposes of this definition, an intellectual or cognitive disability is not a physical condition. Diagnosed means a doctor has confirmed the adult has the mental illness or physical condition. Mental illness is defined in Section 12 of the Mental Health Act 2000.

means chemical restraint using medication that is administered at fixed intervals and times.

Related terms: Chemical restraint

means chemical restraint using medication that is administered as needed (i.e. not at fixed intervals or times).

Related terms: Chemical restraint

(unless otherwise qualified) means the chief executive of Department of Communities, Child Safety and Disability Services (or a delegate). A number of the statutory functions of the chief executive are delegated (e.g. decisions to undertake a multidisciplinary assessment, or develop and change a positive behaviour support plan for containment or seclusion). Policies and procedures will indicate to whom the power has been delegated.

means services provided to an adult with an intellectual or cognitive disability, who does not receive disability services other than respite or community access services from a relevant service provider. The service must be provided or funded by the department as a community access service.

of an adult with an intellectual or cognitive disability means the physical prevention of the adult freely exiting the premises where the adult receives disability services, other than by secluding the adult. The adult is not contained, however, if they are an adult with a skills deficit under the Act, and the adult's free exit from the premises is prevented by the locking of gates, doors or windows under the Act.

Related terms: Adult with a skills deficit

(unless otherwise qualified) means the person/s or position/s the chief executive of Disability Services has delegated his or her statutory functions to (e.g. decisions to undertake a multidisciplinary assessment, and develop and change a positive behaviour support plan for containment or seclusion). Policies and procedures will indicate to whom the power has been delegated.

means that all persons with a disability have the right to be treated with dignity and respect in relation to their individual needs and circumstances and all aspects of their lives. It refers to the ability of a person to decide to take a safe risk, and to the balance between taking risks and encouraging independence.

means accommodation support, community support, community access or respite services provided or funded by the department .

is a legal concept meaning the responsibility to take reasonable care to avoid causing harm to another person. A duty of care exists when it could reasonably be expected that a person's actions, or failure to act, might cause injury to another person.

means a service provider that receives funds from the department to provide disability services. A funded service provider includes Disability Services to the extent it provides disability services; however, it does not include another government department receiving funds from Disability Services.

means a guardian appointed for the adult under the Guardianship and Administration Act 2000, Chapter 5B, to specifically consent on behalf of the adult in relation to the use of restrictive practice where an adult is receiving services provided or funded by the department except where the adult is receiving respite and/or community access services only.

means a guardian appointed for the adult under the Guardianship and Administration Act 2000, Chapter 5B, to specifically consent on behalf of the adult in relation to the use of restrictive practice where an adult is receiving a respite or community access service only.

to a person means:

• physical harm to the person
• a serious risk of physical harm to the person
• damage to property involving a serious risk of physical harm to the person.

means a person engaged in delivering a private sector health service, including:

• a person registered under a health practitioner registration Act within the meaning of the Health Practitioner Registration Boards (Administration) Act 1999
• a person enrolled, registered, or authorised to practise under the Nursing Act 1992
• any other person including, for example, an audiologist, dietician or social worker.

for an adult with an intellectual or cognitive disability means a member of the adult's support network, other than a paid carer for the adult within the meaning of the Guardianship and Administration Act 2000.

means an adult with a disability who has a condition attributable to an intellectual or cognitive impairment, or a combination of the impairments.

for a relevant decision, means a person to whom the department delegate is required to give a decision notice about a decision.

Known in the Torres Strait as Ailan Kastom, means the body of customs, traditions, observances and beliefs of Torres Strait Islanders generally, or of a particular community or group of Torres Strait Islanders, and includes any such customs, traditions, observances and beliefs relating to particular persons, areas, objects or relationships (Section 36 of the Acts Interpretation Act 1954).

means:

• prepare the policy and keep it up to date, and
• when providing disability services, implement and comply with the procedures and other matters stated in the policy, and
• keep a copy of the up-to-date policy at premises where the restrictive practice is used, and
• ensure a copy of the up-to-date policy is available for inspection by the following individuals associated with the adult in relation to whom the restrictive practices are used: staff of the relevant service provider, guardians, informal decision makers, advocates, and community visitors appointed under the Guardianship and Administration Act 2000.

means:

• prepare the policy and keep it up to date, and
• when providing disability services, implement and comply with the procedures and other matters stated in the policy, and
• keep a copy of the up-to-date policy at the premises.

for use of a restrictive practice in relation to an adult with an intellectual or cognitive disability means use of the restrictive practice that:

• ensures the safety of the adult or others, and
• having regard to the previous point, imposes the minimum limits on the freedom of the adult as is practicable in the circumstances.

means a restrictive practice approval other than:

• a containment or seclusion approval, or
• a short-term approval given by the Adult Guardian under the Guardianship and Administration Act 2000.

of an adult with an intellectual or cognitive disability means the use, for the primary purpose of controlling the adult's behaviour, of a device to:

• restrict the free movement of the adult, or
• prevent or reduce self-injurious behaviour.

However, the following are not forms of mechanical restraint:

• using a device to enable the safe transportation of the adult (e.g. a harness)
• using a device for postural support
• using a device to prevent injury from involuntary bodily movements, such as seizures
• using a surgical or medical device for the proper treatment of a physical condition
• using bed rails or guards to prevent injury while the adult is asleep.

means a forensic order or involuntary treatment order to which the adult is subject under the Mental Health Act 2000.

of an adult with an intellectual or cognitive disability is an assessment of the adult conducted by two or more appropriately qualified or experienced persons who have qualifications or experience in different disciplines.

of an adult with an intellectual or cognitive disability means the use, for the primary purpose of controlling the adult's behaviour, of any part of another person's body to restrict the free movement of the adult.

is a plan to support an adult and includes assessment and the planning and implementation of strategies to meet the adult's needs, improve their capabilities and quality of life, and reduce the occurrence of the behaviour that causes harm.

includes:

1. a building or other structure
2. a part of a building or other structure
3. a vehicle
4. a caravan.

However, in relation to containment, premises is (a), (b) and (d) above, and:

• includes the land around a building or other structure, but
• does not include a vehicle.

means a service for maintaining, improving or restoring people's health and wellbeing, other than a service provided by the state.

The Queensland Civil and Administrative Tribunal (QCAT) replaced The Guardianship and Administration Tribunal (GAAT) in December 2009. QCAT is responsible for determining whether or not an adult has the capacity to make decisions about their life and whether there is a need to appoint appropriate decision makers to act on the adult's behalf.

means the person or persons responsible for making decisions on behalf of the adult who has an impaired decision-making capacity. Who this will be varies depending on the type of restrictive practice being proposed and the disability service being provided. The policies and procedures will outline who the relevant decision maker will be in each circumstance.

means a funded service provider who provides disability services to an adult with an intellectual or cognitive disability. In cases where respite and/or community access services are the only disability services being provided to the adult, relevant service provider refers to the respite and/or community access service provider from whom the adult is receiving respite and/or community access services. In all other cases, relevant service provider refers to all other service circumstances, including where an adult is receiving a Commonwealth–State/Territory Disability Agreement National Minimum Data Set (NMDS) service type, accommodation support or community support, including respite services and community access services where these are in combination with other NMDS service types.

is a plan to support an adult and includes planning and implementation of strategies to meet the adult's needs, improve their capabilities and quality of life and reduce the occurrence of the behaviour that causes harm. The requirements for the respite/community access plan are not exactly the same as those specified for the positive behaviour support plan, in recognition of the difference in circumstances.

means services provided to an adult with an intellectual or cognitive disability who does not receive disability services other than respite or community access services from a relevant service provider. The service must be provided or funded by the department as a respite service.

of an adult means restricting the adult's access, at a place where the adult receives disability services, to an object to prevent the adult using the object to cause harm to themself or others.

means:

• containing or secluding an adult with an intellectual or cognitive disability, or
• using chemical, mechanical or physical restraint on an adult with an intellectual or cognitive disability, or
• restricting access of an adult with an intellectual or cognitive disability.

means:

• a containment or seclusion approval, or
• consent given by a relevant decision maker to use a restrictive practice of chemical, physical or mechanical restraint, or to restrict access, or
• a short-term approval.

in relation to the development of a respite/community access plan, means an assessment of the risks associated with the provision of respite services or community access services to the adult by the relevant service provider, and the procedures the relevant service provider will implement to mitigate those risks.

of an adult with an intellectual or cognitive disability means the physical confinement of the adult alone, at any time of the day or night, in a room or area from which free exit is prevented.

means an approval given by the Adult Guardian under the Guardianship and Administration Act 2000 (for containment and seclusion) or the chief executive of Department of Communities, Child Safety and Disability Services (or a delegate) (for restrictive practices other than containment and seclusion).

for an adult with an intellectual or cognitive disability means a plan stating, as a minimum, a description of the behaviour that causes harm to the adult or others (including the consequences of the behaviour), a description of the restrictive practice to be used and how it is the least restrictive way of ensuring the safety of the adult and others, and the reasons for using the restrictive practice.

is a Disability Services direct service delivery team providing specialised multidisciplinary behaviour assessment and behaviour support services to adults with an intellectual or cognitive disability whose behaviour causes harm to themselves or others.

means an assessment of an adult with an intellectual or cognitive disability to identify:

• the nature and causes of the adult's behaviour that causes harm to the adult or others, and
• strategies for managing the adult's behaviour that causes harm to the adult or others, and for meeting the adult's needs.

means the period starting on 1 July 2008 and ending on 31 March 2011, during which service providers can use restrictive practices as long as they follow basic requirements listed in the Act. This allows them a reasonable time frame to prepare for the full requirements.

is a place, other than a private dwelling house, that is:

• a place where a consumer lives that is wholly or partly funded by the department, or
• a place where a consumer lives and receives services from the department, or
• a place where a consumer lives and receives services from an entity that receives financial assistance from the department to supply the service.

For this definition, private dwelling house (in relation to cases where a restrictive practice is being used) means premises that are used, or are principally used, as a separate residence for one family.