Document ID: chunk:federal_register_of_legislation:C2024A00104:section:163
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 163
Character Range: 292060–293452

163  Immunity from civil or criminal liability in relation to the use of a restrictive practice in certain circumstances
 (1) This section applies if:
 (a) an entity is a registered provider to whom section 162 applies; and
 (b) a restrictive practice is used in relation to an individual; and
 (c) the individual lacked capacity to give informed consent to the use of the restrictive practice.
 (2) A protected entity is not subject to any civil or criminal liability for, or in relation to, the use of the restrictive practice in relation to the individual if, before 1 December 2026:
 (a) informed consent to the use of the restrictive practice was given by a person or body prescribed by the rules made for the purposes of this paragraph; and
 (b) the restrictive practice was used in accordance with any requirements prescribed by rules made for the purposes of section 162.
Note: This means a protected entity does not have immunity from liability if the restrictive practice was not used in accordance with the requirements prescribed by the rules.
 (3) A protected entity means any of the following:
 (a) the registered provider referred to in paragraph (1)(a);
 (b) an individual who used, or assisted in the use of, the restrictive practice in relation to the individual referred to in paragraph (1)(b).

Subdivision I—Conditions relating to management of incidents and complaints