Rethinking Restrictive Practices: A Comparative Analysis

QUT Law Review, 14(2), pp. 90-122, 2014

41 Pages Posted: 10 Jul 2016

See all articles by Kim Chandler

Kim Chandler

Queensland University of Technology, Faculty of Law, Australian Center for Health Law Research

Lindy Willmott

Queensland University of Technology - Faculty of Law

Ben White

Queensland University of Technology - Faculty of Law

Date Written: 2014

Abstract

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

Suggested Citation

Chandler, Kim and Willmott, Lindy and White, Ben, Rethinking Restrictive Practices: A Comparative Analysis (2014). QUT Law Review, 14(2), pp. 90-122, 2014. Available at SSRN: https://ssrn.com/abstract=2806811

Kim Chandler

Queensland University of Technology, Faculty of Law, Australian Center for Health Law Research

Australia

Lindy Willmott

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

HOME PAGE: http://staff.qut.edu.au/staff/willmott/

Ben White (Contact Author)

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

HOME PAGE: http://staff.qut.edu.au/staff/whiteb/

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