Page 2173 - Week 06 - Thursday, 7 June 2018
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circumstances: as a last resort, in the least restrictive way and for the shortest possible period of time in the circumstances.
It is important to note that the bill is aimed at regulating the use of restrictive practices by service providers. It does not apply to families or informal carers for the person. Nor does it seek to regulate reasonable action to monitor and protect a child from harm: for example, holding a child’s hand while crossing a road or putting a fence around a school or childcare centre. Such reasonable actions are specifically excluded from the definition of restrictive practices under the bill.
A key aspect of the senior practitioner’s role is to work closely with the ACT community to provide education and improve awareness on the reduction and elimination of restrictive practices. The senior practitioner will produce and disseminate policies, standards and guidelines to promote best practice and will lead sector capacity building to minimise or eliminate the use of restrictive practices. These objectives will be supported by the collection and reporting of key data on the use of restrictive practices over time.
The bill has broad scope to give greater protection for those members of our community who may otherwise be subject to abuse or harm. The senior practitioner’s powers will extend to: disability services, including psychosocial disabilities; schools and other education settings; and children and young people in out of home care.
The bill also makes specific exemptions for persons receiving care under the Mental Health Act 2015 to the extent that that act applies; patients in secure mental health facilities; and those in custodial or prison detention, including the Bimberi Youth Justice Centre. This is due to existing oversight arrangements specific to those settings already providing legislative oversight and regulation.
Families and informal carers providing supports are also excluded under the bill. Other services such as health and hospitals are neither explicitly included nor excluded in the bill. Those services will not be subject to oversight by the senior practitioner when it is established.
However, the definition of provider may be expanded by regulation made under section 8(1)(a)(iv) of the bill. This would be done in close consultation with key sector and community stakeholders and allows for further rollout once the senior practitioner is established and operational.
Under the bill, a restrictive practice is only permissible if used in a way that is consistent with a positive behaviour support plan for the person. The positive behaviour support plan must be approved by a registered behaviour support panel and registered by the senior practitioner. The bill enables the senior practitioner to receive complaints about anything done by a provider in relation to a positive behaviour support plan that permits the use of a restrictive practice, or about the use of a restrictive practice by a provider. The senior practitioner will also have powers to conduct investigations, either in response to a complaint or on their own initiative, where restrictive practices are a concern. If, after an investigation, the senior practitioner is satisfied that the provider is using a restrictive practice that is
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