Authorising the use of a restrictive practice

Under the legislation, disability service providers must conduct an assessment of the adult and develop a positive behaviour support plan before considering, or gaining approval or consent for, the use of restrictive practices.

Approvals for the use of restrictive practices

The table below outlines which level of approval is generally required under the legislation for the use of restrictive practices.

Restrictive practice	Approval/consent
Containment or seclusion	Queensland Civil and Administrative Tribunal
Chemical restraint Mechanical restraint Physical restraint	Guardian for restrictive practice matters who is appointed by the Queensland Civil and Administrative Tribunal Note : Decisions of the guardian are subject to review by the Queensland Civil and Administrative Tribunal.
Restricting access	An informal decision maker (for example, a member of the adult's support network) if there is no guardian for restrictive practice matters

In each case, a time limit will be applied to approval or consent for the use of restrictive practices. The maximum period of time for any level of approval is 12 months. Generally, approvals will be formally reviewed by the Queensland Civil and Administrative Tribunal at least every 12 months to determine if they are still necessary.

Short-term approvals

The table below outlines the level of approval needed for the short-term use of restrictive practices.

Restrictive practice	Approval/consent
Containment or seclusion	Adult Guardian
Chemical restraint Mechanical restraint Physical restraint Restricting access	The Director-General (or an authorised delegate) Department of Communities, Child Safety and Disability Services, if there is no guardian for restrictive practice matters

If a short-term approval is granted, the service provider must provide a short-term plan to the decision maker within 14 days of the approval being given.

Short-term approvals can only be made for up to six months, unless there are exceptional circumstances, such as a change in the service provider or location of the adult.

 

Approvals for respite and community access services

Under the Act, service providers need to develop a respite/community access plan and gain relevant consent before using restrictive practices.

The following table outlines which level of approval is needed for the use of restrictive practices in respite or community access services (CAS).

Restrictive practice	Approval/consent
Containment or seclusion	Guardian for restrictive practice (respite) matters Note : Decisions of the guardian are subject to review by the Queensland Civil and Administrative Tribunal.
Chemical restraint (Pro re nata) in respite Chemical restraint (Fixed dose and Pro re nata) in CAS	Guardian for restrictive practice (respite) matters Note : Decisions of the guardian are subject to review by the Queensland Civil and Administrative Tribunal.
Physical or mechanical restraint Chemical restraint (fixed dose) in respite services only	Informal decision maker if there is no guardian for restrictive practice matters
Restricting access	Informal decision maker if there is no guardian for restrictive practice matters

Read more about how the use of restrictive practices are reviewed and monitored in the overview of amendments (PDF, 264 KB).

Find out more about the roles of the Queensland Civil and Administrative Tribunal and the Adult Guardian under the legislation.