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 if the adult only receives respite and/or community access services.
Only the Department of Communities (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 (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 by |
|---|---|
| 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 |
| 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 by |
|---|---|
| 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 (respitel) appointed by QCAT or if no guardian appointed, an informal decision maker |
| Chemical restraint - PRN (as and when needed) for an adult in respite | Guardian for restrictive practice (respite) appointed by QCAT |
| Chemical restraint - PRN (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.