Victorian Numbered Acts

DISABILITY ACT 2006 (NO 23 OF 2006) - SECT 140

Unless section 147 applies, restraint or seclusion can only be used—

        (a)     if the use of restraint or seclusion is necessary—

              (i)     to prevent the person from causing physical harm to themselves or any other person; or

              (ii)     to prevent the person from destroying property where to do so could involve the risk of harm to themselves or any other person; and

        (b)     if the use and form of restraint or seclusion is the option which is the least restrictive of the person as is possible in the circumstances; and

        (c)     if the use and form of restraint or seclusion—

              (i)         is included in the person's behaviour management plan; and

              (ii)     is in accordance with the person's behaviour management plan; and

              (iii)     is only applied for the period of time that has been authorised by the Authorised Program Officer; and

        (d)     if seclusion is to be used—

              (i)     the person is supplied with bedding and clothing which is appropriate in the circumstances; and

              (ii)     the person has access to adequate heating or cooling as is appropriate in the circumstances; and

              (iii)     the person is provided with food and drink at the appropriate times; and

              (iv)     the person is provided with adequate toilet arrangements; and

        (e)     if any other requirements imposed by the Senior Practitioner are complied with.