Document ID: chunk:federal_register_of_legislation:C2021A00057:clause:1_3
Version: federal_register_of_legislation:C2021A00057
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 3074–5585

3  At the end of Division 54
Add:

54‑9  Restrictive practice in relation to a care recipient
 (1) A restrictive practice in relation to a care recipient is any practice or intervention that has the effect of restricting the rights or freedom of movement of the care recipient.
 (2) Without limiting subsection (1), the Quality of Care Principles may provide that a practice or intervention is a restrictive practice in relation to a care recipient.

54‑10  Matters that Quality of Care Principles must require etc.
 (1) The Quality of Care Principles made for the purposes of paragraph 54‑1(1)(f) must:
 (a) require that a *restrictive practice in relation to a care recipient is used only:
 (i) as a last resort to prevent harm to the care recipient or other persons; and
 (ii) after consideration of the likely impact of the use of the practice on the care recipient; and
 (b) require that, to the extent possible, alternative strategies are used before a restrictive practice in relation to a care recipient is used; and
 (c) require that alternative strategies that have been considered or used in relation to a care recipient are documented; and
 (d) require that a restrictive practice in relation to a care recipient is used only to the extent that it is necessary and in proportion to the risk of harm to the care recipient or other persons; and
 (e) require that, if a restrictive practice in relation to a care recipient is used, it is used in the least restrictive form, and for the shortest time, necessary to prevent harm to the care recipient or other persons; and
 (f) require that informed consent is given to the use of a restrictive practice in relation to a care recipient; and
 (g) require that the use of a restrictive practice in relation to a care recipient is not inconsistent with any rights and responsibilities of care recipients that are specified in the User Rights Principles made for the purposes of paragraph 56‑1(m); and
 (h) make provision for, or in relation to, the monitoring and review of the use of a restrictive practice in relation to a care recipient.
 (2) The Quality of Care Principles made for the purposes of paragraph 54‑1(1)(f) may provide that a requirement specified in those Principles does not apply if the use of a *restrictive practice in relation to a care recipient is necessary in an emergency.
 (3) Subsections (1) and (2) do not limit the matters that may be specified in the Quality of Care Principles made for the purposes of paragraph 54‑1(1)(f).