Victorian Numbered Acts Victorian Numbered ActsAfter Division 5 of Part 8 of the Principal Act insert —
(1) This Division applies to persons with a disability for whom a treatment plan is in force or is required to be prepared under this Part.
(2) The purpose of this Division is to protect the rights of persons to whom this Division applies by ensuring that restrictive interventions are—
(a) included in treatment plans for those persons only in accordance with this Division; and
(b) used on those persons only if the requirements imposed by this Division are complied with.
Note
Part 7 contains corresponding protective provisions in relation to other persons with a disability.
A disability service provider must not use a restrictive intervention on a person to whom this Division applies unless—
(a) there is a treatment plan in force for that person; and
(b) the treatment plan includes the restrictive intervention.
(1) An Authorised Program Officer must ensure that any restrictive intervention used on a person to whom this Division applies in the provision of a disability service for which the Authorised Program Officer is responsible is administered in accordance with this Division.
(2) A disability service provider must advise the Senior Practitioner of the name and qualifications of any person appointed as an Authorised Program Officer in the manner and within the period determined by the Senior Practitioner.
Penalty: 10 penalty units.
(3) The Senior Practitioner must keep a register of the name and qualifications of each Authorised Program Officer.
Restraint or seclusion can only be used on a person to whom this Division applies—
(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 treatment plan; and
(ii) is in accordance with the person's treatment plan; and
(iii) is not applied for longer than the shorter of the following periods—
(A) the period of time that has been authorised by the Authorised Program Officer; or
(B) the period of time during which the use of the seclusion or restraint is necessary under paragraph (a); 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.
Note
Section 140 is a corresponding provision in relation to other persons with a disability.
(1) This section applies if a person who is preparing a treatment plan under this Part for a person to whom this Division applies—
(a) is satisfied that the criteria specified in section 201D(a) and (b) apply; and
(b) proposes to use restraint or seclusion on the person.
(2) The person who is preparing the treatment plan must include provisions in the treatment plan which—
(a) state the circumstances in which the proposed form of restraint or seclusion is to be used for treatment;
(b) explain how the use of restraint or seclusion will be of benefit to the person;
(c) demonstrate that the use of restraint or seclusion is the option which is the least restrictive of the person as is possible in the circumstances.
(3) The person who is preparing the treatment plan must, in preparing the plan, consult with—
(a) the person for whom the treatment plan is prepared;
(b) if the person for whom the treatment plan is prepared has a guardian, the guardian;
(c) if other disability service providers provide disability services to the person for whom the treatment plan is prepared, a representative of each disability service provider;
(d) any other person that the person who is preparing the plan considers integral to the development of the treatment plan.
(1) The Senior Practitioner must—
(a) monitor whether the use of the restraint or seclusion is in accordance with this Part; and
(b) subject to any guidelines issued under subsection (3), advise the Authorised Program Officer as to the intervals, not exceeding 12 months, within which the Authorised Program Officer is to provide a report on the use of restraint and seclusion in accordance with subsection (2) to the Senior Practitioner.
(2) A report required under subsection (1) must—
(a) be provided within 7 days after the end of the interval advised under subsection (1);
(b) include a record of all instances in which restraint or seclusion has been applied during the period for which the report is prepared;
(c) specify any details required by the Senior Practitioner in respect of each use of restraint or seclusion during the interval for which the report is prepared;
(d) have attached a copy of the person's current treatment plan if the use of restraint or seclusion is being continued.
(3) For the purposes of this section, the Senior Practitioner may make and issue guidelines relating to the preparation of reports including enabling the preparation of a consolidated report by an Authorised Program Officer where more than one disability service provider is providing services to a person to whom this Division applies involving the use of restraint or seclusion.
A person who, except as provided in section 201D, applies restraint or seclusion to a person to whom this Division applies is guilty of an offence against this Act.
Penalty: 240 penalty units.
Note
Section 149 provides a corresponding offence in relation to other persons with a disability.
(1) In this section, "other restrictive interventions" means restrictive interventions other than restraint or seclusion.
(2) The Senior Practitioner may, in respect of other restrictive interventions used by disability service providers on persons to whom this Division applies—
(a) require a disability service provider to provide a report to the Senior Practitioner on the use of other restrictive interventions in disability services provided by the disability service provider;
(b) develop guidelines and standards in relation to the use of other restrictive interventions;
Note
The guidelines and standards may include clinical guidelines and standards.
(c) audit and evaluate the use of other restrictive interventions;
(d) give written directions to disability service providers—
(i) prohibiting the use of a specified other restrictive intervention;
(ii) regulating the use of a specified other restrictive intervention;
(e) undertake research and provide advice to disability service providers in relation to the use of other restrictive interventions.
Note
Section 150 is a corresponding provision in relation to other persons with a disability.".