Advice Support Tool
Theme: CB Relationships
Sub-Theme(s): Restrictive Practice
References:* NDIS Act 2013 Section 34 1. (a) - (f) and 2.* NDIS Support for Participant Rules 2013
s47E(d) - certain operations of agencies
Restrictive Practices:
The NDIS Commission is taking the lead role in reducing and eliminating the use of restrictive practices and holds responsibility for monitoring the use of all restrictive practices recommended and implemented by NDIS providers in Australia. The NDIA is not responsible for making decisions about the use of restrictive practices. Under the NDIS (Restrictive Practices and Behaviour Support) Rules 2018, restrictive practices are subject to regulation. Restrictive practices can only be used based on an assessment of behaviour with the appropriate authorisation from the relevant state or territory and where it is part of a BSP that has been developed by a registered behaviour support specialist.
Behaviour Support:
Behaviour supports are to be provided in accordance with the NDIS Commission’s requirements for positive behaviour support. The NDIS funds reasonable and necessary supports designed to identify and reduce BoC, to improve the participant’s quality of life, uphold their dignity and safeguard their rights.
Note: All criteria need to be met for the supports to be funded through the NDIS.
Version 1.0 24/08/2023 Page 1 of 8
Page 374 of 442Criteria for reasonable and necessary supports
| Criteria for reasonable and necessary supports | Is criteria met? | Considerations (including evidence used) |
|---|---|---|
| 34.1(a) Enabling the participant’s goals and objectives | ||
| (supports will assist the participant to pursue the goals and objectives in their plan) | ☑️ Yes → | s47E(d) - certain operations of agencies |
| Where restrictive practice is being implemented, the legislative framework MUST be followed. |
| 34.1(b) Assist the participant’s social and economic participation (supports will assist the participant to undertake activities to facilitate their social and economic participation) | ☑️ Yes → | s47E(d) - certain operations of agencies
| S47E(d)-certain operations of agency | ☑️ Yes → | Note: where restrictive practice is identified, the NDIS Commission has highlighted to the Agency that there should be adequate funding made available for a Behaviour Support Practitioner to fulfil legislative requirements including the undertaking of a Functional Behavioural Assessment, development of interim and comprehensive BSP’s, and training of informal and formal supports in strategies specific to the participant’s support needs.
s47E(d) - certain operations of agencies
Are there comparable support options which would achieve the same outcome at a substantially lower cost? What alternative supports were considered?
Criteria for reasonable and necessary supports
Is criteria met? Considerations (including evidence used)
S47E(d)-certain operations of agencies
Is there evidence that funding support is likely to increase independence and reduce funded support costs in the long-term?
Is there evidence the support will increase the participant’s independence and reduce the participant’s need for other kinds of supports?
S47E(d)-certain operations of agency
Is there evidence the quoted support cost is comparable to expected cost of same kind of supports? S47E(d)-certain operations of agency
| Criteria for reasonable and necessary | Is criteria | Considerations (including evidence used) |
|---|---|---|
| supports | met? | s47E(d) - certain operations of agencies |
34.1(d) Support is effective or beneficial Yes 47E(d) - certain operations of agencies for the participant S47E(d)-certain operations of agency No
How will effectiveness of achieved outcome be measured? When will effectiveness of achieved outcome be achieved? Are there other supports required to achieve or maximise the reported support outcomes for participant?
Criteria for reasonable and necessary supports
| Is criteria met? | Considerations (including evidence used) |
|---|---|
| s47E(d) - certain operations of agencies | |
| 34.1(e) Support coordinates with but does not replace informal support | |
| (funding or provision of supports takes account of what it is reasonable to expect families, carers, informal networks and the community to provide) | |
| Consider NDIS Support for Participant Rules 2013 Part 3.4 | |
| Yes > | s47E(d) - certain operations of agencies |
| No —-> | |
| 34.1(f) Support is most appropriately funded by the NDIS | |
| (supports are not more appropriately funded or provided through other general service systems or universal service obligations) | |
| Consider NDIS Support for Participant Rules 2013 Schedule 1. | |
| Yes > | s47E(d) - certain operations of agencies |
| No —-> |
| Criteria for reasonable and necessary supports | Is criteria met? | Considerations (including evidence used) |
|---|---|---|
| s47E(d) - certain operations of agencies |
| Criteria for reasonable and necessary Is criteria Considerations (including evidence | supports met? used) | | s47E(d) - certain operations of agencies | | Support will not cause harm & Yes → (Supports will not be funded if it is likely to cause harm to the participant or pose a risk to others, or the support would be contrary to a law of a jurisdiction) Consider NDIS Support for Participant Rules 2013 Part 5.1 and 5.3 |
Criteria for reasonable and necessary supports
| Criteria for reasonable and necessary supports | Is criteria met? | Considerations (including evidence used) |
|---|---|---|
| Support is directly related to the participant’s disability s47E(d) - certain operations of agencies | ☑️ Yes → | s47E(d) - certain operations of agencies |
| Support does not duplicate other supports S47E(d)-certain operations of agency such as Information, Linkages and Capacity Building (ILC) funding. S47E(d)-certain operations of agency | ☐ No → | redacted: s47E(d) - certain operations of agencies |
| Are all of the above criteria met for all supports? | ☑️ Yes → | s47E(d) - certain operations of agencies |