Rethinking Restrictive Practices: A Comparative Analysis
QUT Law Review, 14(2), pp. 90-122, 2014
41 Pages Posted: 10 Jul 2016
Date Written: 2014
This paper undertakes the first comparative analysis of restrictive practices legislation in Australia. This legislation, which regulates practices used to manage ‘challenging behaviours’ of people with intellectual disability or cognitive impairment, currently exists in four Australian jurisdictions. The paper demonstrates the gaps in coverage of this legislation and the wide variation of law nationally. We argue that legislation governing restrictive practices is needed, it should regulate the provision of all restrictive practices (not just some) and that there should be a national consistent approach.
Keywords: restrictive practices, intellectual disability, behaviours of concern, restrictive practices legislation
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