Amendments to the Disability Services Act 2006 and the Guardianship and Administration Act 2000 regulating the use of restrictive practices commenced on 1 July 2008.
This marked a significant milestone for Queenslanders with a disability and the state's disability sector.
Safeguarding human rights
The human rights principle states that people with a disability have the same rights as other members of society and should be empowered to exercise their rights.
The amendments to the Disability Services Act 2006 strengthen the application of this principle in the delivery of services to adults with an intellectual or cognitive disability who exhibit challenging behaviour.
The legislation ensures that any use of restrictive practices by a service provider has regard for human rights of these adults, and is the least restrictive way of safeguarding them and others from harm.
The legislation aims to reduce or eliminate the need for use of restrictive practices across the disability services sector and helps ensure transparency and accountability.
Target group for the legislation
The legislation only applies to adults who:
- are 18 years or over, and
- have an intellectual or cognitive disability, and whose behaviour either causes harm to the adult or others, or represents a serious risk of harm to the adult or others (sometimes called 'challenging behaviour'), and
- are receiving disability services from the department or from a non-government service provider funded by Disability Services.
This group can include adults with an acquired brain injury.
Read more about the background to the legislation and how it safeguards the human rights of people with a disability in the overview of amendments .
For definitions of terms under the legislation, see the glossary glossary .
Download full copies of the Disability Services Act 2006 and Guardianship and Administration Act 2000 from the Office of the Queensland Parliamentary Counsel.
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