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This Fact Sheet provides practitioners, service providers and disability support workers with information about the authorisation and use of a personal restriction as applied to those who have a disability as defined in the Disability Services Act (2011).
The reduction and even elimination of the use of restrictive practices is the ideal. Regardless of the intent of the use of restriction, there is significant evidence to demonstrate the inappropriate use of restrictive practices can lead to physical and psychological injuries and longer term implications (Australian Psychological Society, 2011).
Under Section 34 of the Disability Services Act (2011) -"Personal restriction, in relation to a person with a disability, means a restrictive intervention in relation to the person that consists wholly or partially of:
This includes the use of a person's body to restrict the movement of another as well as the use of devices such as straps to restrict a person's movement or to prevent them from self-injuring.
Any action that a worker may need to use to protect themselves from being hit or kicked that limits the movement of the hitting or kicking would be seen as a personal restriction. This would include situations where a worker’s arms or legs were held away from their body to deflect a blow.
A restrictive intervention does not include an action that is taken for therapeutic purposes or enables safe transportation. Further information on this can be found in the ‘Restrictive interventions not requiring authorisation’ and the ‘Safe transportation’ Fact Sheets.
A attends a day support centre that includes 20 other participants. A has an intellectual disability. A has a tendency to hit other people in the head when they get too close to her. Staff can see when this is about to happen and they grab hold of her hands and keep holding until the other person moves away. Staff do this to prevent injury to A and to the others around her.
Other examples may include but are not limited to:
Factors that are taken into account when considering the use of a personal restriction by a disability service provider or funded private person include:
It is important to note that any action that uses excessive force or is not taken to ensure the health, wellbeing or safety of a person with disability or others would be considered a form of abuse and as such would need to be investigated under your organisation’s ‘Preventing and Responding to Abuse’ policy.
Under the Disability Services Act (2011) approval for the use of a personal restriction may be granted under certain conditions. Approval to use the personal restriction needs to be granted by the Guardianship and Administration Board, following a recommendation from the Senior Practitioner. The approval period can be either 90 days, 6 months or up to 2 years and may be subject to a number of conditions.
For further information, please refer to the following policies, procedures and fact sheets:
The Senior Practitioner is available to discuss any issues or concerns relating to the use or potential use of a personal restriction on the contact details listed below.
Applications for approval to use a personal restriction can only be written by a disability service provider or a funded private person and can be sent to the email address listed below.
Telephone: (03) 6166 3567 Mobile: 0428 197 474
Email: seniorpractitionerdisability@communities.tas.gov.au
Web: www.communities.tas.gov.au/disability/office-of-the-senior-practitioner
Further information about Restrictive Interventions can be found on the RISET Tas link below.
Access practice resources and restrictive intervention information via RISET-TAS online: RISET-Tas Link
Please note: The information contained in this document is provided as an initial guide only. It is not intended to be and is not a substitute for legal advice. Service providers should seek their own independent legal advice with reference to the implementation of the legislation.
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