Form 10 - Application process - approval of containment/seclusion/other restrictive practices

1. What you need to know

Restrictive practice means any of the following practices used to respond to the behaviour of an adult with an intellectual or cognitive disability (‘the Adult’) that causes harm to the Adult or others –

  • Containment means physically preventing the free exit of the Adult from premises where the Adult receives disability services, other than by secluding the Adult, in response to the Adult’s behaviour that causes harm to the Adult or others. It is not regarded as containment if the Adult has a skills deficit (e.g. lack of road safety skills) and the Adult’s free exit from the premises is prevented by the locking of gates, doors or windows to prevent the Adult from being subject to harm.
  • Seclusion means to physically confine the Adult alone, at any time of the day or night, in a room or area from which free exit is prevented in response to the Adult’s behaviour that causes harm to the Adult or others.
  • Chemical restraint means the use of medication, for the primary purpose of controlling the Adult’s behaviour, in response to the Adult’s behaviour that causes harm to the Adult or others. However, the use of medication for the proper treatment of a diagnosed mental illness or physical condition is not chemical restraint. An intellectual or cognitive disability is not a physical condition.
  • Mechanical restraint means the use, for the primary purpose of controlling the Adult’s behaviour, of a device in response to the Adult’s behaviour that causes harm to the Adult or others that restricts the free movement of the Adult or prevents or reduces self-injurious behaviour.
  • Physical restraint means the use, for the primary purpose of controlling the Adult’s behaviour, of any part of another person’s body to restrict the free movement of the Adult in response to the Adult’s behaviour that causes harm to the Adult or others.
  • Restricting access means restricting the Adult’s access, at a place where the Adult receives disability services, to an object in response to the Adult’s behaviour that causes harm to the Adult or others to prevent the Adult using the object to cause harm to the Adult or others.

An order about restrictive practices can only be made for an Adult who receives services from a relevant service provider.  The use of restrictive practices in response to challenging behaviours can only occur when it can be demonstrated that other less restrictive practices are not sufficient to protect the person and/or others from harm.

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 Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships 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 Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships and the service provider.

The following approvals are required (except 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.


2. Complete and lodge this form:

To apply you must complete and lodge the following forms together with a multidisciplinary assessment.  You must also undertake to provide a positive behaviour support plan prior to the hearing.

Form 10 - Application for administration/guardianship appointment or review - Guardianship and Administration Act 2000

The purpose of this form is to ask the tribunal to appoint a guardian, and/or administrator, and/or ask for approval for containment / seclusion / other restrictive practices, and/or ask for a review of the appointment of a guardian and/or administrator.

PDF File (933.9 KB)

Health professional report – Guardianship and Administration Act 2000

Form to be completed by medical and related health professionals to provide expert opinion about an Adult’s capacity to make decisions.

PDF File (438.4 KB)

3. How to lodge your application

Emailenquiries@qcat.qld.gov.au
In person

Queensland Civil and Administrative Tribunal
Floor 11, 259 Queen Street
Brisbane Qld 4000

or at any local Magistrates Court

Mail to

Queensland Civil and Administrative Tribunal
GPO Box 1639
Brisbane Qld 4001


4. What happens next?

Find out what happens after you apply.