Four steps to meet the requirements

Following are the four steps service providers must take to meet the legal requirements for the use of a restrictive practice.

Table of contents:

Step 1 - identify any restrictive practices in use

Use the following to determine if you are using any restrictive practices to support an adult:

Consider the following questions:

  • Does the adult experiencing restrictive practice fit the target group for the legislation?
  • Is the restrictive practice being used to prevent the adult's behaviour from causing harm to themselves or others?
  • Is the restrictive practice being carried out safely and appropriately?
  • Can anything be done immediately to support the individual and keep everyone safe instead of using the restrictive practice?

If after considering these questions, you think a restrictive practice is still required, proceed to Step 2.

Step 2 - make a short-term approval application

Where there is an immediate and serious risk of harm to the adult or others, the service manager can apply for a short-term approval to use a restrictive practice for a limited time. This gives the service provider time to assess the adult’s longer-term needs and if required, undertake an assessment and develop a positive behaviour support plan.  

To start the process, the service manager needs to contact the short-term approval decision-maker to discuss the adult’s behaviour and reasons why a restrictive practice is required. Who the decision-maker is depends on the restrictive practice proposed. The following outlines the decision-maker in each case:

The Adult Guardian (Office of the Adult Guardian) - for Containment or seclusion. For more information visit the Adult Guardian's website.

The Chief Executive Delegate from the Department of Communities, Child Safety and Disability Services - for restrictive practices other than containment or seclusion. For more information contact the department. 

For some tips on preparing for this discussion download the guide Information to provide when requesting a short-term approval.

Following the discussion, the decision-maker will issue a short-term approval decision notice informing the service provider of their approval or decision not to approve the short-term use of the restrictive practice.

Depending on the decision, the service provider must do one of the following:

  • Short-term approval is approved: the service provider must meet the conditions as outlined in the decision notice, including the need to provide a short-term plan within 14 days of the decision. Proceed to Step 3 below.
  • Short-term approval is not approved: the service provider must stop using the restrictive practice immediately.

Step 3 - develop a positive behaviour support plan

For an adult identified as requiring the ongoing use of a restrictive practice and a short-term approval has been provided for a limited time, the service provider must use the A, B or C process below to meet the full requirements for the use of a restrictive practice. The process to follow depends on the restrictive practice proposed:

A.    For containment or seclusion, the service provider must work with a Department of Communities, Child Safety and Disability Services Specialist Response Service (SRS) team to:

  • assess the adult based on their living environment, relationships with others and psychological wellbeing
  • develop a positive behaviour support plan in consultation with the relevant stakeholders
  • submit a joint application to the Queensland Civil and Administrative Tribunal (QCAT) for approval.

To seek assistance from the SRS, complete the form Notification and Referral, Specialist Response Service, Form 16-1 and lodge it with your regional SRS team.

B.    For physical, mechanical, chemical restraint or restricting access, the service provider must work with an appropriately qualified or experienced person to:

  • assess the adult
  • develop a positive behaviour support plan involving the appointed guardian for a restrictive practice matter who will be required to consider consenting to the use of the restrictive practice in compliance with the positive behaviour support plan.

C.    For adults receiving respite and/or community access services only, the service providers must:

  • undertake a risk assessment
  • develop a respite/community access plan
  • seek approval from a relevant decision maker

  • implement and maintain policies and procedures from the time of commencing the use of a restrictive practice.

Step 4 – seek approval, implement and review the plan

For containment or seclusion, the service provider must work with a department SRS team to:

  • seek full approval for the use of the restrictice practice/s from QCAT
  • implement the positive behaviour support plan
  • review the plan on an ongoing basis to ensure it remains relevant to the adult’s needs and is being implemented as intended
  • formally review the plan for QCAT at intervals as directed by the tribunal (generally 6 or 12 months).

For physical, mechanical, chemical restraint or restricting access, the service provider must:

  • seek approval from the guardian for a restrictive practice matter for the use of the restrictive practice/s in compliance with the positive behaviour support plan
  • implement the positive behaviour support plan
  • review the plan on an ongoing basis to ensure it remains relevant to the adult’s needs and is being implemented as intended
  • communicate regularly with the guardian about the use of the restrictive practice (including frequency) and implementation of the positive behaviour support strategies in the plan
  • formally review the plan with the guardian and seek re-approval on an annual basis.

For adults receiving respite and/or community access services only, the service providers must:

  • seek approval from the informal decision maker, relevant decision-maker (respite) or the  guardian for a restrictive practice (respite) matter for the use of the restrictive practice/s in compliance with the respite/community access plan
  • implement the respite/community access plan
  • review the plan on an ongoing basis to ensure it remains relevant to the adult’s needs and is being implemented as intended
  • communicate regularly with the guardian about the use of the restrictive practice (including frequency) and implementation of the positive behaviour support strategies in the plan
  • formally review the plan with the guardian  and seek re-approval on an annual basis.

 

Disclaimer

Note: Information contained on this website is provided as an initial guide only. For further information, contact the Disability Information Service on 13 QGOV (13 74 68)*.
*Cost of a local call. Calls from mobile phones are charged at applicable rates.