(a) confirm the decision to include the use of S. 146(3)(a) restraint or seclusion in the person's amended by No. 22/2012 behaviour support plan and dismiss the s. 64(2). application; or (b) order the disability service provider to S. 146(3)(b) amended by prepare a new behaviour support plan for the No. 22/2012 person for whom the behaviour support plan s. 64(2)(3). was prepared in accordance with the order; or (c) direct that the use of restraint or seclusion is S. 146(3)(c) amended by to be removed from the behaviour support No. 22/2012 plan for the person for whom the behaviour s. 64(2)(3). support plan was prepared. 147 Use of restraint or seclusion in an emergency (1) This section applies if— (a) a person to whom this Part applies does not S. 147(1)(a) amended by have a behaviour support plan approved by No. 22/2012 an Authorised Program Officer which s. 65(1)(2). provides for the use of restraint or seclusion; and (b) an approved disability service provider is of the opinion that there is an emergency because— (i) there is an imminent risk of a person to S. 147(1)(b)(i) amended by whom this Part applies causing serious No. 22/2012 physical harm to themselves or any s. 65(2). other person; and (ii) it is necessary to use restraint or seclusion to prevent that risk. (2) If this section applies, the approved disability S. 147(2) amended by service provider may use restraint or seclusion on No. 22/2012 the person to whom this Part applies if— s. 65(3). (a) the use and form of restraint or seclusion is S. 147(2)(a) amended by the option which is the least restrictive of the No. 22/2012 person as is possible in the circumstances; s. 65(4).
S. 146(3)(a) amended by No. 22/2012 s. 64(2). (a) confirm the decision to include the use of restraint or seclusion in the person's behaviour support plan and dismiss the application; or S. 146(3)(b) amended by No. 22/2012 s. 64(2)(3). (b) order the disability service provider to prepare a new behaviour support plan for the person for whom the behaviour support plan was prepared in accordance with the order; or S. 146(3)(c) amended by No. 22/2012 s. 64(2)(3). (c) direct that the use of restraint or seclusion is to be removed from the behaviour support plan for the person for whom the behaviour support plan was prepared. 147 Use of restraint or seclusion in an emergency (1) This section applies if— S. 147(1)(a) amended by No. 22/2012 s. 65(1)(2). (a) a person to whom this Part applies does not have a behaviour support plan approved by an Authorised Program Officer which provides for the use of restraint or seclusion; and (b) an approved disability service provider is of the opinion that there is an emergency because— S. 147(1)(b)(i) amended by No. 22/2012 s. 65(2). (i) there is an imminent risk of a person to whom this Part applies causing serious physical harm to themselves or any other person; and (ii) it is necessary to use restraint or seclusion to prevent that risk. S. 147(2) amended by No. 22/2012 s. 65(3). (2) If this section applies, the approved disability service provider may use restraint or seclusion on the person to whom this Part applies if— S. 147(2)(a) amended by No. 22/2012 s. 65(4). (a) the use and form of restraint or seclusion is the option which is the least restrictive of the person as is possible in the circumstances;
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