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Guardian for restrictive practices

Some adults with a cognitive or intellectual disability may show challenging behaviour which could cause harm to themselves or others. To manage this behaviour, a range of restrictive practices may be required and a guardian appointed to make decisions about their use.

The following are examples of restrictive practices:

  • containment and seclusion
  • chemical, physical or mechanical restraint
  • restricting access to an object.

Generally, only QCAT can approve the use of containment and seclusion. However if a guardian for restrictive practices (respite) has been appointed, they can approve the use of containment and seclusion but only for the period of time the adult is receiving respite and/or community access services.

Only the Department of Communities, Child Safety Disability Services can make an application for containment and seclusion for an adult in an accommodation setting, however if a non- government service provider is involved, the application must be made jointly by the Department of Communities, Child Safety and Disability Services and the service provider.

The following approvals are required for the adult’s services other than when the adult is only receiving respite care and/or community access.

Restrictive practice

Approval required from

Containment or seclusion

QCAT

Mechanical, physical or chemical restraint

Guardian for restrictive practice (general) appointed by QCAT

Restricting access to an object

Guardian for restrictive practice (general) appointed by QCAT or an informal decision maker (see section 144 of the Disability Services Act 2006)

Any form of restrictive practice plus containment and seclusion

QCAT

The following approvals are required when the adult only receives respite and/or community access services:

Restrictive practices

Approval required from

Containment or seclusion

Guardian for restrictive practice (respite) appointed by QCAT

Restricting access to an object

Guardian for restrictive practice (respite) appointed by QCAT or if no guardian appointed, an informal decision maker

Mechanical or physical restraint

Guardian for restrictive practice (respite) appointed by QCAT or if no guardian appointed, an informal decision maker

Chemical restraint - (as and when needed) for an adult in respite

Guardian for restrictive practice (respite) appointed by QCAT

Chemical restraint - (as and when needed) for an adult with community access

Guardian for restrictive practice (respite) appointed by QCAT

Chemical restraint - fixed doses for an adult in respite

Informal decision maker or guardian for restrictive practices (respite) appointed by QCAT

Chemical restraint - fixed doses for an adult with community access

Guardian for restrictive practice (respite) appointed by QCAT

The use of restrictive practices must be accompanied by a positive behaviour support plan that emphasises the development of positive, socially valued skills as well as strategies for reducing challenging behaviour. The objective of this plan is to eliminate as much as possible the need for the restrictive practice.

Apply for guardianship for restrictive practices.

Descriptions of QCAT's jurisdiction on this website are general information only. They do not definitively describe the types of applications on which QCAT can make decisions. The relevant legislation determines QCAT's jurisdiction. If you are unsure about your legal rights, you should seek legal advice. Your individual circumstances should guide any actions taken to resolve your dispute.

Last reviewed
26 May 2017
Last updated
26 May 2017

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