Overview of amendments
The amendments focus on improving protections and outcomes for people with disability, and streamlining processes and reducing red tape for service providers so they can focus on supporting clients.
The changes are in two key areas:
- improving protections and outcomes for clients subject to the restrictive practices framework
- emphasising the need for a positive behaviour support approach, not just where restrictive practices are required
- introducing a principle that restrictive practices should not be used as a form of punishment and a requirement for service providers to provide a statement to adults, their families and carers about the use of restrictive practices
- requiring disability service providers to report to the department on the use of restrictive practices
- greater focus on client service delivery by simplifying and improving the restrictive practices framework
- amending the key definitions in the framework to clarify the purpose of restrictive practices
- reducing the prescriptive requirements in a positive behaviour support plan
- providing flexibility for the Queensland Civil and Administrative Tribunal to approve the appointment of a restrictive practice guardian for up to two years (from one year)
- removing the requirement for a short-term plan for a short-term approval
- making it easier for a restrictive practice client to move to a new service provider
- providing time-limited immunity from civil and criminal liability in limited circumstances where there are delays in deciding an approval or consent
- clarifying that using medication, such as a sedative, to enable a single instance of health care is not a chemical restraint, for example dental treatment
- continuing to require service providers to have restrictive practices policies in place and monitoring this through the Human Service Quality Framework but removing the requirement for these policies from legislation to simplify the legislation.