Positive behaviour support Getting it right from the start

Positive behaviour support: Getting it right from the start - Facilitators reference manual 15
PowerPoint 23
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In applying the Victorian Charter of Human Rights and Responsibilities 2006 with
respect to people who show behaviours of concern we have a responsibility to ask
ourselves the following questions when considering whether to subject the person
to restrictive interventions.
• Which right is to be limited? Is the right very important in international law?
(e.g. freedom from torture)
• Is the purpose for wanting to limit the human rights very important to society?
• What sort of limitation is being imposed? How could it infringe human rights?
• Is the limitation likely to achieve the purpose? Is the limitation excessive or out
of proportion to its purpose?
• Are there any less restrictive means reasonably available to achieve the purpose
that the limitation seeks to achieve?
For more information refer to the Human Rights Commission website
www.humanrightscommission.vic.gov.au
PowerPoint 24
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Applying the Victorian Charter of Human Rights and Responsibilities 2006 to the following
case studies
Please consider:
1. Which right is being limited?
2. Is the purpose for wanting to limit the human rights very important to society?
3. What sort of limitation is being imposed: How could it infringe human rights?
4. Is the limitation likely to achieve the purpose? Is the limitation excessive or out of
proportion to its purpose?
5. Are there any less restrictive means reasonably available to achieve the purpose
that the limitation seeks to achieve?
6. How can we adjust our work practices?
7. What impact will the adjusted work practices have on the lives of the people I support?
Scenario one
John is a young man with autism who speaks occasionally in short phrases. He lives with
three other men in shared supported accommodation, two of the men are dependent on
activities of daily living. John requires a moderate level of supervision in most activities of
daily living (e.g. how to prepare a meal). He is subject to chemical restraint, Respiradone, for
his autism.
There is a pattern of unauthorised leave described by staff as ‘absconding’. At times he
‘disappears’ overnight and is usually found by the police. However when he returns there is
no evidence of injury and he appears safe. He has absconded many times before and has
returned safely.