1. Education Queensland SMS-PR-021: Safe, Supportive and Disciplined School Environment http://education.qld.gov.au/strategic/ep pr/students/smspr021/ http://education.qld.gov.au/strategic/ep pr/students/smspr021/ Time out is defined as giving a student time away from their regular class program/routine: –to separate area within classroom; –to other supervised room or setting.

2. Education Queensland Time Out Principals and School Staff use Time Out: –as strategy for students to manage their own behaviour –in order to assist a student in calming down process –as a strategy to reduce the frequency of a particular behaviour include procedures as part of school's Responsible Behaviour Plan for Students and/or as part of student's individual plan, including: ensure all staff, students and parents are aware of the appropriate use of and procedures for time out keep student in any time out area under supervision at all times

3. Education Queensland Other time out issues: provide student with opportunities to complete assignments or assessments to fulfil educational requirements if applying time out as a management technique, ensure that it is consistent with: –developmental stage of the student –any special needs that the student may have give student opportunity to rejoin class in intervals of no more than 10 minutes review use of time out regularly.

4. Education Queensland Physical Restraint Principals and School Staff: use risk management procedures when developing strategies to deal with situations involving use of physical restraint provide staff training and professional development on risk management and appropriate intervention strategies that align with these physical restraint procedures document any staff training and professional development use reasonable physical intervention/restrain with only such force as is reasonably necessary in the circumstances: –when student's behaviour poses an imminent threat to their own safety or that of others –when student is engaged in a violent act towards themselves or others –when student's behaviour has the immediate potential to inflict serious property damage follow procedures relating to physical restraint in accordance with WFR-PR-005: Code of Conduct and SMS-PR-012: Student Protection

5. Education Queensland enforce physical restraint only: –after serious consideration of whether physical restraint is warranted and justifiable under the above conditions –with due regard for protection of the student's rights –in conjunction with teaching and reinforcement of alternative appropriate behaviour for stressful situations –as a consequence of pre-determined behaviour criteria (in behaviour plan) –with appropriate observation or monitoring give clear verbal instruction before physical intervention is used, unless the urgent nature of the situation makes this impractical never use physically dangerous techniques use only the amount of force necessary and reasonable in circumstances

6. Education Queensland maintain supervision of student after incident of physical restraint avoid escalating student's behaviour by assuming calm demeanour notify the principal or nominee call for assistance from another member of the school staff and make arrangements to ensure that other students in the vicinity are safe and properly supervised

7. Education Queensland discontinue the physical restraint as soon as possible after the student has ceased the dangerous behaviour after the incident, hold a debriefing meeting with the staff member involved in the incident, school principal, other staff involved in the incident and the student if appropriate, to discuss measures taken and planned future action provide counselling for the student after an appropriate interval of time has elapsed

8. Education Queensland make a written record of: –the behaviour that preceded the use of physical restraint –the type and duration of restraint used –staff members and others present during the period of the incident –student's physical condition before and after restraint –persons to whom the incident was reported (including the student's parent/guardian), –counselling provided to the student following the period of restraint –planned future action to prevent further incidences of the dangerous behaviour.

9. The Disability Services Act 2006 All people with a disability have the same human rights as other members of society and should be empowered to exercise their rights including: –The right to live a life free from abuse, neglect or exploitation –the right to receive disability services in a way that respects the confidentiality of personal information. –Safeguarding rights and improving services

10. The Disability Services Act 2006 Key impacts of the legislation –A focus on quality How the Act recognises the Disability Sector Quality System –Strengthening safeguards Information about funding and prescribed requirements for non-government service providers, and how Disability Services Queensland can respond to concerns about the safety of people with a disability, including criminal history screening.

11. The Disability Services Act 2006 Key impacts of the legislation –Strengthening accountability Recognises the Complaints Management System, allows decisions to be subject to merit-based review, and introduces new requirements regarding compensation. –Strengthening safeguards How Disability Services Queensland can respond to concerns about the safety of people with a disability, including criminal history screening. –Strengthening government and community partnerships New requirement for government agencies to develop a disability service plan and how the legislation allows for Ministerial Advisory Committees to be created.

12. The DDA and Behaviour Automatic application of a standard penalty – such as suspension for fighting or other disruptive behaviour – may not always be reasonable where a disability has caused the behaviour. There may also be an issue of whether a requirement has been imposed which the student cannot or chooses not to comply with. Disability Standards for Education 2004

13. Legal Framework Common Law Assault Duty of Care Health and Safety Legislation Violence at Work Manual Handling Human Rights Legislation Disability Discrimination Legislation Disability Services Act Workbook Page 15 Workbook Page 17