Part 1Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending
Status of residents: Rights of residents
27Rights of residents
A resident has the rights of a person of full capacity who is not subject to a public protection order except to the extent that those rights are limited by—
- this Act; or
- any rules, guidelines or instructions, or regulations made under this Act; or
- a decision of the manager taken in accordance with this section.
Without limiting the generality of subsection (1), the rights of a resident include the rights set out in sections 28 to 40.
The manager may limit the rights of a resident to the extent reasonably necessary to prevent the resident from harming himself or herself or any other person or from disrupting the orderly functioning of the residence.
In making a decision that affects a resident, the manager must be guided by the following principles:
- a resident must be given as much autonomy and quality of life as is compatible with the health and safety and well-being of the resident and other persons and the orderly functioning of the residence:
- a decision that adversely affects a resident must be reasonable and proportionate to the objective sought to be achieved.
Residents must be given the opportunity to provide input into the making of rules for the residence and into the running of the residence for the purpose of the orderly functioning of the residence and the creation and maintenance of a residence community.