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Technical Advisory Branch (TAB) Guide to Restrictive Practice Processes by Australian state and territory

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Technical Advisory Branch (TAB)

Guide to Restrictive Practice Processes by Australian state and territory

  • Seclusion
  • Chemical
  • Mechanical
  • Physical
  • Environmental

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Contents

  1. Purpose ……………………………………………………………………………………………………………. 2
  2. Restrictive Practices ……………………………………………………………………………………………. 3
  3. Safe Transportation…………………………………………………………………………………………….. 4
  4. Prohibited Practices ……………………………………………………………………………………………. 5
  5. Reportable Incidents …………………………………………………………………………………………… 8
  6. NDIS Behaviour Support Practitioner …………………………………………………………………….. 9
  7. Guide to State/Territory RRP Authorisation …………………………………………………………… 10 7.1 New South Wales …………………………………………………………………………………………………….. 10 7.2 Victoria …………………………………………………………………………………………………………………….. 13 7.3 Queensland ……………………………………………………………………………………………………………… 15 7.4 Tasmania …………………………………………………………………………………………………………………. 20 7.5 South Australia …………………………………………………………………………………………………………. 23 7.6 Western Australia …………………………………………………………………………………………………….. 29 7.7 Australian Capital Territory ……………………………………………………………………………………….. 31 7.8 Northern Territory …………………………………………………………………………………………………….. 32
  8. References ……………………………………………………………………………………………………… 35

Purpose

This document is a guide concerning the entities responsible for the authorisation of regulated restrictive practices (RRP) and the authorisation in each of the Australian states and territories. The guide was developed to assist TAB Advisors who provide advice on behaviour supports and restrictive practices, and should be read in conjunction with:

  • National Disability Insurance Scheme Act 2013

  • NDIS Quality and Safeguards Commission Positive Behaviour Support Capability Framework

  • NDIS Quality and Safeguards Commission Regulated Restrictive Practices Guide

  • NDIS Quality and Safeguards Commission Regulated Restrictive Practices with Children and Young People with Disability

  • National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018

  • National Disability Insurance Scheme (Provider Registration and Practice Standard) Rules 2018

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2. Restrictive Practices

Restrictive practices are ‘any practice or intervention that restricts the rights or freedom of movement of a person with a disability’ (NDIS QSC, 2020). The NDIS Restrictive Practices and Behaviour Support Rules 2018 state regulated restrictive practices (RRP) involve any of the following:

Regulated Restrictive Practices Not Regulated Restrictive Practices
Seclusion: sole confinement in a room or physical space, any hour of day or night, where voluntary exit is prevented, not facilitated or implied it is not permitted (Australian Government, 2018a) Seclusion is not: a person who chooses to have quiet time on their own in their room where they are able to come out at any time or someone choosing to lock their door for privacy, where they are able to unlock the door and exit whenever they choose to (NDIS QSC, 2020).
Chemical restraint: use of medication or chemical substance for the primary purpose of influencing behaviour (Australian Government, 2018a). This includes use of medication to achieve menstrual suppression without informed consent of the person and anti-libidinal medication to reduce sexual arousal and reduce problematic sexual behaviours (NDIS QSC, 2020) Chemical restraint is not: medication prescribed by a medical practitioner for the treatment of diagnosed mental disorder, physical illness or physical condition (Australian Government, 2018a). e.g., medication given to a person to relieve anxiety to attend an appointment (NDIS QSC, 2020).
Mechanical restraint: use of a device to prevent, restrict or subdue movement for the primary purpose of influencing behaviour. e.g., use of a harness to help a person calm down Mechanical restraint is not: use of devices for therapeutic or non-behavioural purposes (Australian Government, 2018a). e.g., use of a harness for postural support.
Physical restraint: use or action of physical force to prevent, restrict or subdue movement of a person’s body, or part of their body, for the primary purpose of influencing their behaviour (Australian Government, 2018a) Physical restraint is not: assisting a person with daily living activities to complete a task safely and who accepts this support, e.g., if the person needs physical help with dressing or brushing their teeth; it also does not include hand-on reflexive responses to guide or redirect a person from harm or injury (NDIS QSC, 2020).

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Safe Transportation

A device used for safe transportation, e.g., buckle guard for a seat belt, ‘child lock’ on a door, adjustable vest to prevent unsafe, unintentional movement in a vehicle, is not a mechanical restraint and does not need to be authorised (DCT, 2019a; DHHS, 2022; NDIS QSC, 2022a; NSW FCS, 2020). However, any device used during transport for the primary purpose of reducing or preventing a behaviour of concern is considered a mechanical restraint and subject to authorisation of its use (DHHS, 2020; NDIS QSC, 2022a; NSW FCS, 2020). This includes use of a buckle guard if the client regularly undoes their belt, a harness if the client tries to interfere with the driver or other passengers, and dedicated harnesses that require modification to the vehicle (DCT, 2020a).

Devices used for safe transportation, like seatbelt guards, or to prevent injury, like bed rails, may still be prohibited if they are used for inappropriate purposes, such as for punishment (NSW FCS, 2020).

Further information regarding Safe Transportation can be found via Restrictive Practice Guide, Safe Transportation (February 2022).

Prohibited Practices

There are some restrictive practices or actions that will not receive authorisation at any time. Although some states and territories have aligned their prohibited practices, the prohibited practices for each region are described individually below to ensure clarity.

New South Wales

NSW prohibits the following practices (CRPT, 2019a):

  • aversion – a practice that is experienced as noxious or unpleasant and potentially painful to manage behaviour
  • overcorrection – a practice where a person is required to respond disproportionately to an event, beyond what is necessary to restore a disrupted situation
  • misuse of medication
  • seclusion of children or young people
  • denial of key needs, including access to bedding, water, climate controls or toilet facilities, personal possessions, access to family, peers and advocates, and other basic needs (NSW FCS, 2022a)
  • unauthorised use of a restrictive practice
  • act in a way that degrades or demeans a person, may be reasonably perceived as harassment or vilification, or is unethical

The following practices are also prohibited in accordance with the Children and Young Persons (Care and Protection) Regulation 2012 for participants aged 18 and under (CRPT, 2019a):

  • all forms of corporal punishment,
  • punishment that takes the form of immobilisation, force-feeding or depriving of food, and
  • any punishment intended to humiliate or frighten the person

Victoria

Provisions have been made under section 27(5B) of the Disability Act 2006 (Vic) to prohibit the use of specific restrictive practices. Disability service providers and registered NDIS providers are prohibited from using the following physical restraints on an NDIS participant or person with a disability (s27 Disability Act 2006 Vic):

  • Prone restraint (subduing a person by forcing them face-down)
  • Supine restraint (subduing a person by forcing them face-up)
  • Pin downs (subduing a person by holding any part of their body)
  • Basket holds (subduing a person by wrapping arms around their upper or lower body)
  • Take down techniques (subduing a person by forcing them to free-fall to the floor or forcing them to the floor with support)
  • Any physical restraint that has the purpose or effect of restraining or inhibiting a person’s respiratory or digestive functioning
  • Any physical restraint that has the effect of pushing a person’s head forward onto their chest
  • Any physical restraint that has the purpose or effect of demanding compliance through pain, hyperextension of joints or applying pressure to chest or joints

Registered NDIS providers are also prohibited under this section of the Act from using restrictive practices on any person with psycho-social disability unless the person also meets the requirements for another disability under section 24 of the National Disability Insurance Scheme Act 2013 (Cth).

Northern Territory

The following restrictive practices will not be authorised (Northern Territory Government, 2021):

  • Supine or prone restraint
  • Aversion – a practice that is experienced as noxious or unpleasant and potentially painful to manage behaviour
  • Overcorrection – a practice where a person is required to respond disproportionately to an event, beyond what is necessary to restore a disrupted situation
  • Misuse of medication
  • Denial of key needs, including possessions, access to family, peers, advocates and other basic needs
  • Practices related to degradation or vilification
  • Practices which limit or deny access to community, culture and language
  • Seclusion of a person under 18 years old

Queensland

The Disability Services Act 2006 (Qld) does not prohibit any types of restrictive practice, but only permits the use of restrictive practice in response to the adult’s behaviour that may cause harm to that adult or others. Restrictive practices cannot be used punitively or in response to behaviour that does not cause harm (Queensland Government, n.d.). The lack

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Tasmania (DCT, 2021a)

  • Prone or supine restraint
  • Pin downs
  • Basket holds and take downs
  • Punitive approaches such as aversive practice, denial of key needs, over correction

South Australia

The Restrictive Practices Schedule highlights the following practices are prohibited (DHS SA, 2022a):

  • Prone or supine restraint
  • Physical restraint that is intended to restrict or affect a participant’s respiratory or digestive function
  • Physical restraint that causes deliberate pain or discomfort (including joint hyperflexion, pressure on chest) to secure compliance
  • Psychosocial restraint (staff behaviour) – such as demeaning tone of voice, threatening negative consequences, manipulation/coercion, leaving people in bed or putting them to bed too early
  • Psychosocial restraint (staff withholding) – denying access to basic human rights, such as food/drinks/shelter/warmth, clothing, personal belongings, positive social interaction, enjoyable activities, communication devices. Note: if a participant cannot engage in a favourite activity, the provider must ensure the participant understands the activity is rescheduled due to safety and not due to punishment. This should be supported by a risk assessment.
  • Aversion – such as electric shocks on a person or water sprayed to the face
  • Exclusion – deliberately ignoring, punishing by denying participation, preventing a person from participating in an activity or decision

Western Australia

It is recognised that some forms of restrictive practice pose an unacceptable risk of harm to people. These are ‘prohibited practices’ within the Authorisation of Restrictive Practices in Funded Disability Services Policy (DoC, 2020a) and must never be used. These include the following physical restraints, which can lead to harm or death:

  • Prone or supine restraint
  • Pin downs
  • basket holds
  • takedown techniques
  • any physical restraint that has the purpose or effect of restraining or inhibiting a person’s respiratory or digestive functioning
  • any physical restraint that has the effect of pushing the person’s head forward onto their chest
  • any physical restraint that has the purpose or effect of compelling a person’s compliance through the infliction of pain, hyperextension of joints, or by applying pressure to the chest or joints.

The following punitive approaches are also prohibited: - aversive practices - overcorrection - denial of key needs - practices related to degradation or vilification - practices that limit or deny access to culture - response cost punishment strategies.

4.8 Australian Capital Territory

The Senior Practitioner Act 2018 (ACT) does not highlight any restrictive practices that are prohibited. The Act outlines the circumstances where restrictive practice can be used and they should not be used punitively or in response to behaviour where there is no risk of harm.

Reportable Incidents

A condition of registration is that registered NDIS providers notify the NDIS commission of all reportable incidents that occur (including alleged incidents) in connection with the provision of NDIS supports and delivered services, even if these are recorded within their own incident management system (NDIS QSC, 2022b). These incidents may include (NDIS QSC, 2022b):

- the death or serious injury of a person with disability
- abuse or neglect of a person with disability
- unlawful sexual or physical contact with, or assault of, a person with disability
- sexual misconduct, committed against, or in the presence of, a person with disability, including grooming of the person with disability for sexual activity
  • use of restrictive practice in relation to a person with disability where the use is not in accordance with an authorisation of a state or territory in relation to the person, or if it is used according to that authorisation but not in accordance with a behaviour support plan for the person with disability.

Note, if there is no state or territory authorisation process to the use of a restrictive practice then its use is not a reportable incident if used in accordance with a behaviour support plan (NDIS QSC, 2022b). The guide Reportable incidents provides further information for registered NDIS providers.

Notification should be made through the NDIS Commission Portal within the required timeframe (see table below, NDIS QSC, 2022b). Timeframes are calculated from when the registered NDIS provider becomes aware an incident occurred or alleged to have occurred.

Reportable incident Required timeframe
death of a person with disability 24 hours
serious injury of a person with disability 24 hours
abuse or neglect of a person with disability 24 hours
unlawful sexual or physical contact with, or assault of, a person with disability 24 hours
sexual misconduct committed against, or in the presence of, a person with disability, including grooming of the person for sexual activity 24 hours
Unauthorised use of regulated restrictive practices, i.e., the use is not in accordance with a required state or territory authorisation and/or not in accordance with a behaviour support plan (N.B. if this incident caused harm to a person with disability, the NDIS Commission must be notified within 24 hours) Five business days

6. NDIS Behaviour Support Practitioner

NDIS providers who provide behaviour support must use NDIS behaviour support practitioners. An NDIS behaviour support practitioner is someone considered suitable by the NDIS Quality and Safeguards Commissioner and there are provider registration and practitioner suitability requirements. The following link can be used to search for an NDIS registered behaviour support practitioner by name, postcode or email address: https://www.ndiscommission.gov.au/find-ndis-behaviour-support-practitioner

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Guide to State/Territory RRP Authorisation

New South Wales

Entity Responsible

NSW Government, Family and Children Services Central Restrictive Practices Team (CRPT)

Authorisation

For seclusion:

  • Under 18: Seclusion is prohibited for any person under the age of 18, e.g., sending a child to their room and preventing them from leaving the room (CRPT, 2019a).
  • Over 18: The person if they have capacity OR other people, such as a guardian with a restrictive practices function, including a person appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal (CRPT, 2019a).

For chemical, mechanical, physical restraints and environmental restraints:

  • Under 18: Parent/Guardian OR the person with parental responsibility (e.g., the Minister for Family and Community Services) (CRPT, 2019a).
  • Over 16: Consent from the person if they have capacity OR a guardian OR a person responsible (if previously agreed), OR as directed by an RPA Panel in limited circumstances (CRPT, 2019a).

General Authorisation Process (CRPT, 2019a; CRPT, 2019b)

  1. Behaviour support plan is developed,
  2. Informed consent is obtained (see below, 3.1.5 Additional Information),
  3. Authorisation is approved by a Restrictive Practices Authorisation (RPA) Panel managed through internal policy and procedures of the registered NDIS provider.

An RPA Panel must include a minimum of three roles:

  • A senior manager familiar with the operational considerations around the use of a restrictive practice in the intended service setting, who chairs the RPA Panel,
  • A specialist with expertise in Behaviour Support, can be provided by FACS or sourced by other means,
  • And a person who is independent of the service provider.

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Where behaviour support expertise comes from a person external to the provider who is also not connected to the person with disability, they may serve both behaviour support and independent roles on the panel.

The Behaviour Support Practitioner, delivering behaviour support, must participate in the RPA meeting to answer questions from the panel.

Interim Authorisations (CRPT, 2019a)

When there is a clear and immediate risk a restrictive practice may need to be used in the absence of a Behaviour Support Plan (BSP). In these circumstances an Interim BSP must be developed within one month of the use of regulated restrictive practice. Interim authorisation can be provided by a senior manager of the NDIS provider who specifies the length of time for which the interim authorisation applies, not exceeding five months.

Management of non-intentional risks (CRPT, 2019a)

Strategies to manage ‘non-intentional risk behaviours’ do not require authorisation. An appropriate allied health assessment must be used to identify whether behaviours are intentional or non-intentional. If the assessment determines that the behaviour is non-intentional, the response to this behaviour does not require authorisation under the RPA Policy. However, providers should be guided by the NDIS Commission as to whether the circumstance requires a BSP and should comply with reporting and other requirements in line with the NDIS (Restrictive Practices and Behaviour Support) Rules 2018.

These include:

  • Behaviours that create physical risk related to mobility, transitioning or accidental movement
  • Resistance to support for activities of daily living – behaviours that demonstrate discomfort associated with daily activities (i.e., shaving or brushing teeth) Unsafe actions that unintentionally place the person at risk (i.e., no knife safety, reaching for a hot kettle, wandering out the front door without awareness of road safety) (CRPT, 2019a)

Lawful Orders

In New South Wales lawful orders, such as an extended supervision order, can direct legally binding restrictions on a person.

Lawful orders are considered an authorised restrictive practice (CRPT, 2019a). The practice should still be referred to an RPA panel within 6 months for the purpose of evaluating how the order requirements are integrated into the BSP and its implementation (CRPT, 2019b). The RPA should be provided with a BSP developed after functional behaviour analysis by a registered behaviour support practitioner (CRPT, 2019a). The BSP must include details and limits of the restrictions allowed under the lawful order. Restrictive practices used beyond those permitted by the order must be authorised in the usual manner (CRPT, 2019b). Lawful orders can be placed for up to 5 years, and the Supreme Court can extend the order (CRPT, 2019a).

Additional information provided by the authorising entity

Physical Restraint Section 158 of the Children and Young Persons (Care and Protection) Act 1998 – physical restraint can only be used on a temporary basis and only to the extent necessary to prevent injury to any person, or seize and take from the child or young person: a weapon or object being used in dangerous manner, alcohol, illegal substance or other thing necessary to prevent injury to any person (NSW FCS, 2022c).

| Environmental Restraint | Section 45 of the Children and Young Persons (Care and Protection) Regulation 2012- Evidence that the child or young person has received support and/or counselling in relation to each instance must be included with an application for authorisation to use physical restraint with a child or young person (NSW FCS, 2022c). |

| Environmental Restraint | Others impacted by environmental restraint, for example, using a physical barrier like a locked door. An environmental restraint authorised for a person using behaviours of concern is not automatically authorised for use with any other person. In these cases, an RPA Panel must determine whether it is appropriate to authorise the use of the restrictive practice for all members of the household (NSW Family and Community Services (NSW FCS, 2022a). |

Further information

  • Restrictive Practice Resources Seclusion Guidance
  • Restrictive Practice Resources Chemical Restraint Guidance
  • Restrictive Practice Resources Mechanical Restraint Guidance
  • Restrictive Practice Resources Physical Restraint Guidance

Restrictive Practice Resources Environmental Restraint Guidance

NSW Restrictive Practice Authorisation Policy

NSW Restrictive Practices Authorisation Procedural Guide

Victoria

Entity Responsible

State Government of Victoria, [Victorian Senior Practitioner](Department of Health and Human Services)

Authorisation

General Authorisation Process (DHHS, 2019a)
  • Registered NDIS providers are to appoint an Authorised Program Officer (APO) and are to obtain approval from the Victorian Senior Practitioner for the appointment. Registered NDIS providers must comply with this as a condition of registration before using RRP on NDIS participants.
  • If the APO considers the requirements in the Victorian Disability Act 2006 Section 132ZR(1) (State Government of Victoria, 2006) are met, the APO must first ensure that an independent person is made available to the NDIS participant before authorising the use of RRP.
  • The independent person must not be: a disability service provider or representative of a disability service provider, or have any interest in a disability service provider which is providing, or has provided, disability services to the person with a disability.
  • In addition to the APO authorising the use of the RRP, the Victorian Senior Practitioner must provide approval for the use of RRP on NDIS participants if the practice is in the form of seclusion, physical restraint or mechanical restraint.
  • After authorising the use of a RRP, the APO must provide the Victorian Senior Practitioner with required information within two working days, including a copy of the NDIS participant’s NDIS BSP, name and details of the independent person who assisted the NDIS participant, any information relating to RRP that is not included in the BSP and any other information required by the Victorian Senior Practitioner.
  • After this information is provided to the Victorian Senior Practitioner, the Victorian Senior Practitioner will provide written evidence of authorisation of RRP in the NDIS BSP to the registered provider/behaviour support practitioner.
  • The registered provider/behaviour support practitioner must lodge evidence of authorisation to the NDIS Commission.

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Use of regulated restrictive practice in an emergency (DHHS, 2019a)

  • Use of regulated restrictive practice can be authorised by the person in charge of a registered NDIS provider if there is an imminent risk of serious physical harm to self or others and it is necessary to use a regulated restrictive practice to prevent that risk.
  • The least restrictive option must be used
  • The APO must be notified as soon as practicable.
  • If the regulated restrictive practice will be used again, Part 6A and Part 6B of the Disability Act 2006 must be complied with.

Supervised Treatment Order (DHHS, 2019b)

For an NDIS participant that is subject to a supervised treatment order or interim supervised treatment order, the Victorian Senior Practitioner may give written notice to the NDIS commissioner if:

  • VCAT makes an interim supervised order or supervised treatment order
  • The Victorian Senior Practitioner approves a material change to a treatment plan
  • The supervised treatment order is varied, revoked or expires

The Victorian Senior Practitioner must provide written notice to the NDIS commissioner if an assessment order is made or revoked. An assessment order is made when it is necessary to detain a person with an intellectual disability to prevent a significant and imminent risk of harm to others, allowing a treatment plan to be developed for an application for a supervised treatment order.

An NDIS participant can be subject to a supervised treatment order granted by VCAT and can only be detained in accordance with the compulsory treatment provisions in Div 5 of Part 8 of the Disability Act 2006 (Vic). For a supervised treatment order the NDIS participant must:

  • have an intellectual disability
  • be residing in an SDA enrolled dwelling under an SDA residency agreement
  • have a treatment plan attaching an NDIS behaviour support plan approved by the Victorian Senior Practitioner, and
  • pose a significant risk of harm to others that cannot be reasonably reduced by less restrictive means

A person with an intellectual disability can only be detained under the Disability Act 2006 (Vic) if a supervised treatment order has been made by VCAT under Part 8 of the Disability Act 2006 (Vic).

Additional Information provided by the authorising entity

Environmental Restraint Detain - a form of restrictive practice used on a person for the purpose of reducing the risk of violence or the significant risk of serious harm the person presents to another person and includes physically locking a person in any premises and/or constantly supervising or escorting a person to prevent the person from exercising freedom of movement. This is considered an environmental restraint (DHHS, 2019a).

Further information

  • Authorisation process for the use of regulated restrictive practices
  • Victorian Disability Act 2006 Section 132ZR(1) V
  • Quick reference guide to common questions about restrictive practices — mechanical restraint

Queensland

Entity Responsible

Queensland Civil and Administrative Tribunal (QCAT)

Authorisation

General Authorisation Process (DCDSS, 2019a)

Who authorises a restrictive practice depends on:

  • Whether the use of the restrictive practice is planned or unplanned
  • Type of restrictive practice (containment and seclusion, chemical/mechanical/physical restraint or restricted access to objects)
  • Type of disability service the adult is receiving (respite and/or community access only, or accommodation and community support alone, together, or in conjunction with respite and/or community access)

A matrix outlining authorisation of restrictive practice requirements can be found in the document ‘Authorising restrictive practices’ (DCDSS, 2019a).

Regardless of how many service providers or number of restrictive practices, an adult should only have one BSP developed. Authorisation must be sought by each relevant disability

Short Term Approval

A short-term approval can be made for a maximum of six months where (DCDSS, 2020a):

  • There is an immediate and serious risk of harm to the adult or others; and
  • The restrictive practice is the least restrictive way of ensuring the safety of the adult or others

There are two decision makers that can give a short-term approval (DCDSS, 2020a):

  • The Public Guardian; or
  • A delegate of the Chief Executive of the Department of Communities, Disability Services and Seniors. These delegates are the Principal Clinician in each region. For containment and seclusion, a short-term approval can only be given by the Public Guardian.
  • For all other types of restrictive practice, a short-term approval must be sought from a Principal Clinician After short term approval is provided, the service provider should seek full approval and commence development of the positive BSP (DCDSS, 2020a).

Authorisation for Children

As of December 2020, there is no state based authorisation available for the use of regulated restrictive practices for participants under 18 years old (NDIS QSC, 2021).

Children Under Protection

The Department of Child Safety, Youth and Women (Child Safety) promotes the use of positive behaviour support to all children and young people in care (Department of Child Safety, Youth Justice and Multicultural Affairs, (DCSYJMA), 2020a), in accordance with the legislated standards of care outlined in, the Child Protection Act 1999 (the Act), sections 74 and 122 and the Charter of Rights for a child in care which is set out in Schedule 1 of the Act (Queensland Government, 2020). The Child Safety Policy: Managing high risk behaviour (DCSYJMA, 2020a), refers to:

  • children and young people subject to a care agreement, an assessment order, or an order granting custody or guardianship to the chief executive under the Act, including a temporary custody or transition order, and who are placed in a care arrangement under section 82(1) of the Act, and

MR25/00038 | FOI 24/25-0317

  • approved foster carers, kinship carers and staff employed by Child Safety and non-government organisations to provide direct care to a child or young person placed under the authority of section 82(1) of the Act

The policy acknowledges that restrictive practices can present risk and contribute to trauma to the child and those using the restrictive practices (Queensland Government, 2021). The Child Safety Policy: Managing high risk behaviour should be read in conjunction with the Positive Behaviour Support (604) policy (DCSYJMA, 2020b).

Principles for emergency use of restrictive practices (DCSYJMA, 2020a):

  • the child or young person is behaving in a way that poses immediate risk of harm to themselves or others
  • the practice is reasonable in all the circumstances of the behaviour
  • there is no less restrictive measure available to respond to the behaviour
  • paramount consideration must be given to the best interests of the child

Where restrictive practice has been used to manage high risk behaviour, including physical restraint, details of the incident must be reported by the carer or direct care staff member to Child Safety within 24 hours of the incident (DCSYJMA, 2020a).

7.3.4 Lawful Orders (information received by email from Qld behaviour support)

Restrictive practices should be proportionate to the risk and least restrictive option available. The restrictive practice needs to be outlined in a BSP, lodged with the NDIS commission, authorised in accordance with state requirements and lodged with the NDIS commission, and implementing providers need to complete monthly reporting to the NDIS Commission on the use of restrictive practices

Table note: Where the adult is in receipt of a funded accommodation support package and has additional respite/community access services, the general rule applies (DCDSS, 2019a).

7.3.5 Additional Information provided by the authorising entity

Environmental Restraint (referred to as ‘restricted access to objects’) Consent for Authorisation General: Guardian for restrictive practice (general) appointed by QCAT or if no appointment, an informal decision maker (DCDSS, 2019b).

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MR25/00038 | FO! 24/25-0317

When only receiving respite or community access: Guardian for restrictive practice (respite) appointed by QCAT or if no appointment, an informal decision maker (DCDSS, 2019b).

The locking of gates, doors or windows where the only reason is to prevent physical harm being caused to the adult with a skills deficit, is not considered a restrictive practice as defined under the Act (DCDSS, 2019d).

The relevant service provider must confirm that the person for whom the strategy of locking gates, doors and windows is being considered:

  • is an adult (18 years or older),
  • has an intellectual or cognitive disability as defined under Section 144 the Act.

The relevant service provider must establish that the practice is not containment, seclusion, or restricting access as defined under the Act (DCDSS, 2019c; DCDSS, 2019d).

Authorisation from the Guardian for restrictive practice (general) appointed by QCAT (DCDSS, 2019¢e).

When only receiving respite and/or community access: Guardian for restrictive practice (respite) appointed by QCAT or if no guardian appointed, an informal decision maker (DCDSS, 2019e).

Guardian for restrictive practice (general) appointed by QCAT

When only receiving respite and/or community access: For PRN medication- Guardian for restrictive practice (respite) appointed by QCAT

If no PRN medication- Fixed does for adult in respite-

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Informal decision maker or guardian for restrictive practices (respite) appointed by QCAT

In all cases where chemical restraint is used or proposed, the adult’s treating doctor must be involved at all stages of the decision-making process.

Note: The use of medication such as a sedative, prescribed by a medical practitioner to facilitate or enable the adult to receive a single instance of health care is not considered chemical restraint under the Guardianship and Administration Act 2000. For example, providing a sedative to an adult before attending a dentist appointment.

Tasmania

Entity Responsible

Department of Communities, Office of The Senior Practitioner (DCT, 2020b)

Authorisation

Restrictive Interventions

The Tasmanian Disability Services Act 2011 (section 34) (Tasmanian Government, 2021) describes two categories of restrictive intervention:

  • Environmental restriction, in relation to a person with disability, means a restrictive intervention in relation to the person that consists of the modification of an object, or the environment of the person, so as to enable the behavioural control of the person, but does not include personal restriction (DCT, 2020c).
  • Personal restriction, in relation to a person with disability, means a restrictive intervention in relation to the person that consists wholly or partially of (DCT, 2020d):
    • Physical contact with the person to enable the behavioural control of the person
    • Taking an action that restricts the liberty of movement of the person

General Approval Process (DCT, 2021a)

  • Restrictive interventions must be part of a positive BSP that promotes positive outcomes for the adult and supports the reduction or elimination of restrictive practices

  • After recommendation by the Senior Practitioner, an environmental restriction can be approved by the Secretary of the Department of Communities Tasmania for up to 90 days (section 38), or by the Guardianship & Administration Board for up to 2 years after a hearing (section 42) (DCT, 2021b)

  • After recommendation by the Senior Practitioner, a personal restriction can be approved by the Guardianship & Administration Board for up to 90 days without a hearing or for up to 2 years after a hearing (section 42) (DCT, 2021b)

Lawful Orders

Restrictive practices authorised under other enactments relating to mental health services or guardianship do not require approval through the Disability Services Act 2011 (DCT, 2019a). Examples of this include (but are not limited to) (DCT, 2019a):

(a) Restriction and Supervision Orders under the Criminal Justice (Mental Impairment) Act 1999. These orders might require meeting specific conditions such as confinement in a secure mental health unit, or taking of a particular medication.

(b) Involuntary admission to an approved facility for treatment (e.g., Treatment Orders Mental Health Act 2013.)

(c) Treatment approved by ‘person responsible’, appointed guardian or the Guardianship and Administration Board (Guardianship and Administration Act 1995). For example — medication to control behaviour (Guardianship and Administration Regulations 2017; Section 12)

Additional Information provided by the authorising entity

Environmental Restraint: Surveillance and monitoring can include the process of capturing audio, visual or positional information about a person using electronic methods:

  • Audio monitors record and monitor speech, e.g., baby monitors, intercoms;

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Visual monitors record and monitor visual images, e.g.

closed circuit cameras, still image cameras, portable video deVICES;

  • Positional monitors record the whereabouts of a person with global positioning system (GPS) devices which are the most commonly available method of monitoring a person’s location;
  • Surveillance and monitoring can also include ‘line of sight’ supervision in ‘real time’ by support workers to prevent a person with disability from pursuing a certain course of action (DCT, 2021b).

Mechanical Restraint

A restraint used during transport for convenience of staff is considered a form of abuse (DCT, 2019b).

Chemical Restraint

Under the Disability Services Act, the use of chemical restraint does not need to be authorised. However under regulation 12(a) of the Guardianship and Administration Regulations 2017, there is a legal requirement for the ‘person responsible’ to consent to the ‘administration of a restricted substance primarily to control the conduct of a person to whom it is given’ (Tasmanian Civil and Administrative Tribunal, 2021).

Physical Restraint

The use of a bed rail to restrict a person’s voluntary movement is a form of physical restraint and the use of a bed rail for this purpose would need approval from the Guardianship and Administration Board (GAB) via an application to the Senior Practitioner (DCT, 2019c). However, the use of a bed rail may not be deemed a personal restriction if:

  • The person has decision making capacity and has requested bed rails

  • The person has involuntary movements during the night (e.g. seizures or ‘restless’ sleep)

  • The person does not have the skills to get out of bed without support (DCT, 2019c)

If a bed rail is being considered it is essential to consult with an OT and the Senior Practitioner (DCT, 2019c). If a bed rail is approved for use then staff must increase their monitoring of the person at risk (DCT, 2019c).

Seclusion Restraint

Seclusion can only be used if it is to prevent harm, used in the least restrictive way possible, and is a last resort and authorised (DCT, 2019b).

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South Australia

Entity Responsible

South Australian Civil and Administrative Tribunal (SACAT)

Authorisation

‘Levels’ of Restrictive Practice

South Australia have outlined two levels of restrictive practice that have differing authorisation processes. The types of restrictive practice in each level are detailed below (Disability Inclusion (Restrictive Practices – NDIS) Regulations 2021):

Level 1:

  • Environmental restraints (other than those deemed level 2)
  • Mechanical restraints (other than those deemed level 2)
  • Chemical restraints (other than those deemed level 2)

Level 2:

  • Seclusion (not including detention)
  • Environmental restraint consisting of:
    • Electronic monitoring devices worn by a person
    • Locking external gates or doors of a residential premises (other than detention)
    • Continuous accompanying a person
    • Limitation of access to, or use of, a mobility device (including not charging batteries, application of brakes or otherwise rendering the device inoperative)
    • Limiting access to communication devices
  • Mechanical restraint that requires the use of force
  • Physical restraint
  • Chemical restraint consisting of:
    • Administration of a drug by invasive procedure
    • Use of 2 or more psychotropic drugs
    • Use of more than 5 different drugs
    • Hormonal manipulation
  • Use of more than five level 1 restrictive practices (whether by the same registered NDIS provider or otherwise)
  • Concealment of restrictive practices (Department of Human Services South Australia (DHS SA), 2022b)

Authorisation Officers

  • A regulated restrictive practice cannot be authorised by a legal guardian or parent.
  • NDIS service providers who implement a regulated restrictive practice for a child or adult must obtain authorisation under the Restrictive Practices Authorisation scheme (DHS SA, 2022c)
  • The Restrictive Practices Authorisation Scheme has two levels of authorisation: Authorised Program Officers and Senior Authorising Officers
  • An Authorised Program Officer is an implementing provider staff member who has been authorised by the SAO to undertake authorisation of Level 1 restrictive practices and endorse the use of Level 2 restrictive practices for the Senior Authorising Officer’s authorisation (DHS SA, 2022d)
  • A Senior Authorising Officer is an employee in the South Australian Department of Human Services. A Senior Authorising Officer can authorise level 1 or level 2 restrictive practices (DHS SA, 2022d).

General Authorisation Process

  • A service provider’s Authorised Program Officer will receive a request for restrictive practice through the online Restrictive Practices System.
  • The Authorised Program Officer must ensure the application meets criteria detailed in section 23N of the Disability Inclusion (Restrictive Practices – NDIS) Amendment Act 2021:
    • The NDIS participant is displaying a behaviour that risks harm
    • The use of Level 1 restrictive practices is necessary to minimise the harm or prevent further harm
    • The NDIS participant has a behaviour support plan written by a behaviour support practitioner who is employed by an NDIS registered provider
    • The behaviour support plan was written in consultation with the NDIS participant, and
    • The use of level 1 restrictive practices is consistent with the NDIS participant’s behaviour support plan
  • The Authorised Program Officer must review each restrictive practice using these criteria. If a request does not fulfil all criteria, it cannot be authorised.
  • Level 1 restrictive practices should only be authorised by the APO where behaviour assessment, support and interventions have been demonstrated, and the restrictive practice is the least restrictive option and is included in a behaviour support plan (DHS SA, 2022d)
  • The Authorised Program Officer must refer all level 2 restrictive practice applications to the Senior Authorised Officer (DHS SA, 2022d)
  • The Authorised Program Officer must refer applications to the Senior Authorised Officer if (DHS SA, 2022d):
    • adults under the guardianship of the Public Advocate where the Public Advocate (or delegate) does not support the restrictive practice
    • children and young people under the custody or guardianship of the Chief Executive, Department for Child Protection, where the legal guardian does not support the restrictive practice
    • children and young people under the custody or guardianship of the Chief Executive, Department for Child Protection, where the young person is competent to make decisions about restrictive practices and does not agree to the practice
    • where the legal guardians of the NDIS participant are in dispute about the restrictive practice

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  • where the Authorised Program Officer has been directly involved in the behaviour support planning and/or service delivery for the NDIS participant
  • where the Authorised Program Officer has a personal relationship with the NDIS participant and/or other association that may give rise to an actual or perceived conflict of interest

  • If an APO has a conflict of interest, they should refer the matter to another APO in their organisation or the SAO. APO’s cannot endorse or authorise restrictive practices where they (DHS SA, 2022d):

    • Contributed to the development of the BSP
    • Are involved in day-to-day support or case work for the participant
    • Have consulted on the case or involved in decision making
    • Have a personal relationship with the participant

  • Section 23N (2) of the Disability Inclusion (Restrictive Practices – NDIS) Amendment Act 2021 requires the Authorised Program Officer to provide written notice of their authorisation decisions, including whether the authorisation is conditional, the restrictive practices that are authorised, and the date that authorisation ceases. This statement should be provided to the participant and their legal guardian (DHS SA, 2022d).

Authority to Enter, Search and Retain Items (DHS SA, 2022b)

  • Sections 23N (5) and 23O (6) of the Disability Inclusion Act 2018 permit registered NDIS providers to:
    • Enter and remain in premises where a person with disability may be found
    • Search their clothing and possessions for items than may be used to harm or cause property damage
    • Take possession and retain these items as necessary for safety
  • This provision cannot be used for routine searches to identify behaviours of concern, remove an item a person cannot have but will not cause harm (e.g. junk food), or search for suspected contraband.
  • To use this provision, NDIS providers must have reasonable grounds that a person has an object that may cause harm and the search is required for safety.
  • The search must be completed quickly and without causing humiliation or offence
  • The search cannot include contact or exposure with intimate parts of the body
  • The NDIS provider should: ask the person if there is a preferred staff member to carry out the search, ask the person to empty their pockets, use the least amount of force necessary, arrange for another staff member to be present.

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Detention SACAT orders

  • Detention is defined by Section 23C of the Disability Inclusion Act 2018 as: any direct or indirect curtailment of a person’s ability to leave a particular premises or part of a premises, a requirement that a person be and remain at a premises, and the refusal or limitation of access to means that enable leaving the premises (DHS SA, 2022b).

  • Regulation 7 prescribes two limited exceptions to this definition: locking of external gates and doors where NDIS supports and services are provided on a 24-hour basis to a person with disability who does not have supports to safely leave, and the temporary confinement (less than 2 hours) of a person with disability in an emergency that is reasonably necessary to prevent harm or is for de-escalation of risk (DHS SA, 2022b)

  • Registered NDIS providers cannot apply for detention; detention applications to SACAT must be made by a guardian or substitute decision (DHS SA, 2022b).

  • Detention must be authorised by another legal authority, such as SACAT under section 32 of the Guardianship and Administration Act 1993 (called special power orders) (DCSI, 2015; SACAT, 2020). Further details about special power orders are in Table 3.6.4 below

Lawful Orders

  • SACAT is responsible for Detention and Treatment Orders and Community Treatment Orders (Legal Services Commission, 2022)
  • The Safeguarding People with Disability Restrictive Practices Policy currently does not cover community treatment orders made under the Mental Health Act 2009 (DCSI, 2015).

Additional Information provided by the authorising entity

Environmental Restraint
Special powers order under s32 (1) (a) — directed residence/enforceable environmental restraint - SACAT can make an order to direct that a person reside in a specified place, or in such place as the guardian or substitute decision maker from time to time thinks fit. A directed residence order will authorise the subject person’s residence in the specified place and will enable the guardian or substitute decision-maker to ensure the person can be brought back if they leave

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Mechanical Restraint

Special powers order under s32 (1) (c) - physical restraint/use of force in care or treatment - SACAT can make an order to authorise persons involved in the care of a person to use such force as may be reasonably necessary for the purpose of ensuring the proper medical or dental treatment or day to day care and wellbeing of the person. This order will authorise care providers to use physical force/restraint as necessary to prevent or restrict a person’s movements when administering medical treatment or health care including in the use of any type of chemical, environmental or mechanical restraint (SACAT, 2020).

Chemical Restraint

Special powers order under s 32(1) (c) - physical restraint/use of force in care or treatment - SACAT can make an order to authorise persons involved in the care of a person to use such force as may be reasonably necessary for the purpose of ensuring the proper medical or dental treatment or day to day care and wellbeing of the person. This order will authorise care providers to use physical force/restraint as necessary to prevent or restrict a person’s movements when administering medical treatment or health care including in the use of any type of chemical, environmental or mechanical restraint (SACAT, 2020).

Physical Restraint

Special powers order under s 32(1) (c) - physical restraint/use of force in care or treatment - SACAT can make an order to authorise persons involved in the care of a person to use such force as may be reasonably necessary for the purpose of ensuring the proper medical or dental treatment or day to day care and wellbeing of the person. This order will authorise care providers to use physical force/restraint as necessary to prevent or restrict a person’s movements when administering medical treatment or health care including in the use of any type of chemical, environmental or mechanical restraint (SACAT, 2020).

Seclusion Restraint

Special powers order under s32 (1) (b) — detention or seclusion of the person in the place in which he or she is directed to reside under s 32 (1) (a) - SACAT can make an order to authorise detention, namely, that direct or indirect

7.6 Western Australia

7.6.1 Entity Responsible

The Department of Communities (DoC, 2020b)

7.6.2 Authorisation

General Authorisation Process (DoC, 2020c)

  • Authorisation must be obtained by an Implementing Provider for each RRP that is proposed to be implemented for a person with disability.
  • From 1 May 2021, authorisation requires restrictive practices to be included in a BSP and introduces a mandatory Quality Assurance Panel which allows for independent review of the BSP and the proposed restrictive practices.
  • The Authorisation Panel must include at least two members with a decision-making role:
    • A senior manager (or their delegate) with the Implementing Provider with operational knowledge and relevant experience in behaviour support,
    • An NDIS Behaviour Support Practitioner who is not the BSP author and not employed by the Implementing Provider. Additional members may be included in the panel.

NOTE: The Panel’s recommendation to use a regulated restrictive practice must be supported by all panel members, specify the length of time for which the authorisation applies (which must not exceed 12 months), detail conditions they decide to impose as part of the approval of the restrictive practice, and be recorded in the Quality Assurance Outcome Summary Report (Appendix 3 of the guidelines)

BSPs developed by Behaviour Support Practitioners that include a restrictive practice, should involve consultation with the person with disability and if appropriate, their guardian, family and carers.

  • The NDIS Behaviour Support Practitioner will consult with the person with disability to identify their needs and preferences in a calm and supportive environment

  • The BSP must include strategies that are evidence-based and person centred and take account of the functions of the behaviour being considered, as well as any unmet needs that may be contributing to the behaviour

7.6.3 Lawful Orders (DoC, 2020a)

  • where a practice that would otherwise be a regulated restrictive practice is in place due to a court order, authorisation is not required under the ‘Authorisation of Restrictive Practices in Funded Disability Services’ Policy

  • Implementing providers may request advice from the NDIS Commission or appropriate department regarding whether the circumstances require a behaviour support plan and compliance with NDIS (Restrictive Practices and Behaviour Support) Rules 2018

7.6.4 Additional Information provided by the authorising entity

Environmental Restraint Surveillance is the tracking of a person’s behaviour or movement by audio, visual or location data (DoC, 2020a). It also includes accompanying a person or keeping them in line of sight at all times (DoC, 2020a; DoC, 2020d).

| Chemical Restraint | The BSP must record the prescribing doctor’s contact details, medication brand and chemical name, dosage and frequency, conditions and limitations of use, route, side effects, circumstances when the restraint is to be used, anticipated positive and negative effects of the medication, and why the medication is considered the least restrictive method of ensuring safety of the person and others. (DoC, 2020e) |

7.6.5 Further Information

  • Procedural Guidelines for Authorisation of Restrictive Practices in Funded Disability Services Stage 2
  • Authorisation of Restrictive Practices in Funded Disability Services Policy
  • Authorisation of restrictive practices
  • Chemical restraint

Surveillance

Australian Capital Territory

Entity Responsible

ACT Government, Community Services, Office of the Senior Practitioner

Authorisation

General Authorisation Process

A restrictive practice by a service provider is only permissible if used in a way that is consistent with a positive BSP for the person. The positive BSP must be approved by a registered positive behaviour support panel and registered by the Senior Practitioner (Community Services, 2018). The process is as follows:

  • The provider must submit a positive BSP to a positive behaviour support panel for approval. Submission must occur one month prior to the Central Panel meeting, and the application must include the completed positive BSP approval panel template, copy of positive BSP and supporting documentation for the restrictive practice (e.g., reports from medical team, risk assessment) (Office of the Senior Practitioner (OSP), 2020b)
  • The Central Panel will give the applicant/service provider written reasons for its decision to approve or not approve a positive BSP within one week of meeting (OSP, 2020b)
  • If approved, the Central Panel will forward the positive BSP to the Senior Practitioner for registration within 28 days (OSP, 2020b). The Senior Practitioner may request further information from the Central Panel or applicant. When satisfied, the Senior Practitioner will send the provider, public advocate (if the person is under 18) and plan author: a copy of the approved plan and plan registration number (OSP, 2020b).
  • The use of any restrictive practice within an approved plan is only authorised once registration has been confirmed by the Senior Practitioner (OSP, 2020b)
  • Providers are required to monitor and record use of restrictive practices and forward reports to the Senior Practitioner (Community Services, 2018). For routine and ‘as needed’ restrictive practices identified within a positive BSP the report should be forwarded by the 5th day after the end of the month.
  • The approved positive BSP must be reviewed monthly by the provider to determine whether restrictive practice is still required (Community Services, 2018).

Use of regulate restrictive practice in an emergency:

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TAB Guide to Restrictive Practice Processes by state and territory

Northern Territory

Entity Responsible

Northern Territory Government, Northern Territory Senior Practitioner

Authorisation

General Authorisation Process (NT Government, 2021)

An NDIS provider may apply to the Senior Practitioner for an authorisation or interim authorisation. An application for an authorisation or interim authorisation must be made in the approved form and include:

  • particulars of the restrictive practice proposed to be applied to the participant

Further Information

  • ACT Senior Practitioner for the elimination and reduction of restrictive practices
  • Senior Practitioner Act 2018
  • Positive Behaviour Support Plans Factsheet
  • Positive Behaviour Support Plan Guideline
  • Positive Behaviour Support Panel Guideline

Lawful Orders

Under the Senior Practitioner Act 2018 (ACT), a person acting under the Corrections Management Act 2007, Children and Young People Act 2008 (Chapters 4 to 9), Mental Health Act 2015 and Mental Health (Secure Facilities) Act 2016 are exempt from provider obligations with respect to restrictive practices.

Restrictive Practices

  • Under Section 10 of the Senior Practitioner Act 2018 (ACT), a restrictive practice must not be used outside of a registered PBS Plan unless (Community Services, 2021; OSP, 2020a):
    • Provider or relevant person for the provider believes on reasonable grounds that it is necessary to use the restrictive practice to avoid imminent harm to the person or others
    • Restrictive practice is the least restrictive of the person as is possible in the circumstances having regard to the kinds of restrictive practice that may be used, how it is applied, and how long it is applied for
    • If practicable – the use of the restrictive practice is authorised by the person in charge of the provider.
  • Emergency restrictive practices not identified within a positive BSP must be reported to the Senior Practitioner within 24 hours of the event (Community Services, 2018)
  • a copy of the BSP or interim BSP that specifies the proposed restrictive practice
  • information that shows the provider has engaged in consultation about the proposed use of a restrictive practice with: (a) the participant; and (a) the participant’s family, carers, guardian or other relevant person
  • particulars of the NDIS provider who will apply the restrictive practice to the participant
  • details of restrictive practice applied to the participant over the 12-month period before the date of the application (authorised and unauthorised)
  • any other information the NDIS provider considers relevant to the application
  • any other information as prescribed by regulation The Senior Practitioner must consider the application and decide whether to:
  • grant the authorisation or interim authorisation; or
  • refuse to grant the authorisation or interim authorisation – NDIS provider will be notified of the reasons for the decision; or
  • request further information or propose an alternative restrictive practice for the authorisation or interim authorisation. Responses to a request for further information is required within 28 days or the application will lapse. Authorisations only apply to the jurisdiction they are made in. If a participant relocates to the NT a new authorisation application will need to be made to the NT Restrictive Practices Authorisation Unit (NT Government, 2021).

Period of authorisation (NT Government, 2021)

  • An authorisation is effective for 12 months from the date the authorisation is made, unless otherwise specified by the Senior Practitioner in the authorisation.
  • An interim authorisation is effective for 6 months from the date the authorisation is made, unless otherwise specified by the Senior Practitioner in the authorisation.

Change of circumstances (NT Government, 2021)

  • If there is a change in circumstances meaning the NT Restrictive Practices Authorisation Unit is no longer required, the service provider must notify the Restrictive Practice Authorisation Unit via email as soon as possible after the change
  • Change of circumstance includes: elimination of restrictive practice, interstate move, exiting the NDIS or notification of deceased participant.

7.8.3 Lawful Orders (information received by email from NT behaviour support)

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Reporting obligations for the NDIS Commission are via the reportable incident function prior to a BSP lodgement as ‘unauthorised restrictive practice’. Once a practitioner has been engaged and develops a BSP, lodges it on the BS portal the forensic order becomes the authorisation and the plan includes reference to the order and how the provider can best support or facilitate the conditions of the order.

7.8.4 Further information

  • National Disability Insurance Scheme (Authorisation) Act 2019
  • Restrictive Practices Authorisation Framework. Guidelines for NDIS Service Providers

References

Australian Government. (2013). National Disability Insurance Scheme Act 2013. Available from https://www.legislation.gov.au/Details/C2021C00540 Australian Government. (2018a). National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018. Available from https://www.legislation.gov.au/Details/F2020C01087 Australian Government. (2018b). National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018. Available from https://www.legislation.gov.au/Details/F2018L00631 Central Restrictive Practices Team. (2019a). NSW Restrictive practices authorisation policy. New South Wales Government. Available from https://www.facs.nsw.gov.au/download?file=592755 Central Restrictive Practices Team. (2019b). NSW Restrictive practices authorisation procedural guide. New South Wales Government. Available at https://www.facs.nsw.gov.au/_data/assets/pdf_file/0003/593319/Restrictive-Practices-Authorisation-Procedural-Guide.pdf Community Services. (2018). Positive behaviour support plans [fact sheet]. Australian Capital Territory Government. Available from https://www.communityservices.act.gov.au/quality-complaints-and-regulation/office-of-the-senior-practitioner/positive-behaviour-support-plans-factsheet Community Services. (2021). ACT Senior Practitioner [fact sheet]. Australian Capital Territory Government. Available from https://www.communityservices.act.gov.au/quality-complaints-and-regulation/office-of-the-senior-practitioner/act-senior-practitioner-fact-sheet Department for Communities and Social Inclusion. (2015). Safeguarding people with disability restrictive practices policy. Government of South Australia. Available from https://studylib.net/doc/7440023/safeguarding-people-with-disability-restrictive-practices Department of Children, Youth Justice and Multicultural Affairs. (2020). Child safety policy: managing high risk behaviour [Policy 646-2]. Queensland Government. Retrieved from https://www.cyjma.qld.gov.au/resources/dcsyw/foster-kinship-care/managing-high-risk-behaviour-646.pdf Department of Children, Youth Justice and Multicultural Affairs. (2020b). Child safety policy: positive behaviour support [Policy 604-5]. Queensland Government. Retrieved from https://www.cyjma.qld.gov.au/resources/dcsyw/foster-kinship-care/managing-high-risk-behaviour-646.pdf

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Department of Communities, Disability Services and Seniors

  • Authorising restrictive practices (2019a)
  • Containment and seclusion (2019c)
  • Locking gates, doors or windows (2019d)
  • Mechanical restraint (2019e)
  • Restricting access (2019b)

Department of Communities, Disability Services and Seniors (2020)

  • Chemical restraint (2020b)
  • Physical restraint (2020c)
  • Short term approval: a guide for service providers (2020a)

Department of Communities Tasmania (2019a)

Office of the Senior Practitioner – restrictive interventions not requiring authorisation

Department of Communities Tasmania

Department of Communities (2020a). Authorisation of restrictive practices in funded disability services policy

Government of Western Australia. Available from https://www.wa.gov.au/system/files/2021-07/Authorisation-of-restrictive-practices-in-funded-Disability-Services-Policy.pdf

Department of Communities (2020e). Chemical restraint

Government of Western Australia. Available from https://www.wa.gov.au/system/files/2021-07/Chemical-restraint.docx

Department of Communities (2020c). Procedural guidelines for authorisation of restrictive practices in funded disability services stage two

Government of Western Australia. Available from https://www.wa.gov.au/system/files/2021-07/Procedure-guidelines-for-authorisation-of-restrictive-practices-Stage-two.docx

Department of Communities (2020d). Surveillance

Government of Western Australia. Available from https://www.wa.gov.au/system/files/2021-07/Surveillance.docx

Department of Health and Human Services (2019a). Authorisation process for the use of regulated restrictive practices: guidelines for registered NDIS providers in Victoria 2019

Government of Victoria. Available from https://providers.dffh.vic.gov.au/authorisation-process-use-regulated-restrictive-practices-registered-ndis-providers

Department of Health and Human Services (2019b). Disability (NDIS Transition) Amendment Act Q&A

Government of Victoria. Available from https://www.vic.gov.au/sites/default/files/2019-09/Disability-%28NDIS-Transition%29-Amendment-Act-Q%26A.docx

Department of Health and Human Services (2020). Quick reference guide to common questions about restrictive practices – mechanical restraint. Disability Act 2006, Parts 7 and 8.

Government of Victoria. Available from https://www.dffh.vic.gov.au/quick-reference-guide-common-questions-about-restrictive-practices-rp-mechanical-word

Department of Health and Human Services (2022). Office of professional practice.

Government of Victoria. Available from https://www.dffh.vic.gov.au/office-professional-practice

Department of Human Services, South Australia (2022b). Restrictive Practices Guidelines.

Accessed from https://www.sa.gov.au/data/assets/pdf_file/0009/775107/Restrictive-Practices-Guidelines.pdf

Department of Human Services, South Australia (2022c). Authorising and endorsing restrictive practices.

Available from https://www.sa.gov.au/topics/care-and-support/disability/restrictive-practices/ndis-service-providers/authorising-and-endorsing

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Department of Human Services, South Australia (2022d). Restrictive practices manual for Authorised Program Officers.

Available from: https://www.sa.gov.au/data/assets/pdf_file/0010/783154/Restrictive-practices-manual-for-authorised-program-officers.pdf

Department of Human Services, South Australia (2022a). Restrictive practices schedule.

Available from: https://www.sa.gov.au/data/assets/pdf_file/0007/783358/Restrictive-Practices-Schedule-.pdf

Disability Act 2006 (Vic), section 27(5B). Available from: https://providers.dffh.vic.gov.au/sites/default/files/2019-09/Restrictive%20practice%20prohibitions%20under%20section%2027%20%285B%29%20September%202019.pdf

Legal Services Commission (2022). Rights of people with a mental illness. Government of South Australia.

Available from: https://lawhandbook.sa.gov.au/ch30s06.php

NDIS Quality and Safeguards Commission (2019). The positive behaviour support capability framework.

Available from: https://www.ndiscommission.gov.au/providers/understanding-behaviour-support-and-restrictive-practices-providers/positive-behaviour

NDIS Quality and Safeguards Commission (2020). Regulated restrictive practices guide.

Available from: https://www.ndiscommission.gov.au/sites/default/files/2022-02/regulated-restrictive-practice-guide-rrp-20200_0_0.docx

NDIS Quality and Safeguards Commission (2021). Regulated restrictive practices with children and young people with disability.

Available from: https://www.ndiscommission.gov.au/sites/default/files/2022-02/rrp-children-and-young-people-disability-practice-guide_0.docx

NDIS Quality and Safeguards Commission (2022b). Reportable incidents.

Available from: Reportable incidents | NDIS Quality and Safeguards Commission (ndiscommission.gov.au)

NDIS Quality and Safeguards Commission (2022a). Restrictive practice guide. Safe transportation.

Available from: https://www.ndiscommission.gov.au/sites/default/files/2022-07/restrictive-practice-guide-safe-transportation-feb-2022-v2-accessible.pdf

New South Wales Family and Community Services (2022c). Restrictive practices resources environmental restraint.

Available from: https://www.facs.nsw.gov.au/providers/deliver-disability-services/restrictive-practices-authorisation-portal/rpa-resources/resources/restrictive-practices-guidance-environmental-restraint

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New South Wales Family and Community Services (2020). Restrictive practices resources

New South Wales Family and Community Services (2022b). Restrictive practices resources

New South Wales Family and Community Services (2022a). Restrictive practices resources

Northern Territory Government (2019). National Disability Insurance Scheme (Authorisations) Act 2019. Available from: https://legislation.nt.gov.au/Legislation/NATIONAL-DISABILITY-INSURANCE-SCHEME-AUTHORISATIONS-ACT-2019

Northern Territory Government (2022). Restrictive practices authorisation framework: guidelines for NDIS service providers. Available from: https://health.nt.gov.au/restrictive-practices-authorisation-framework-guideline.pdf

Office of the Senior Practitioner (2020b). Positive behaviour support panel guidelines.

Australian Capital Territory Government. Available from: https://www.communityservices.act.gov.au/data/assets/pdf_file/0003/1460064/Att-C-Positive-Behaviour-Support-Panel-Guideline.pdf

Office of the Senior Practitioner (2020a). Positive behaviour support plan guidelines.

Australian Capital Territory Government. Available from: https://www.communityservices.act.gov.au/data/assets/pdf_file/0006/1460058/Positive-Behaviour-Support-Plan-Guidelines.pdf

Queensland Civil and Administrative Tribunal (2021). Guardian for restrictive practices.

Available from: https://www.qcat.qld.gov.au/matter-types/guardianship-for-adults-matters/guardian-for-restrictive-practices

Queensland Government. Reforming Queensland’s authorisation framework for the use of restrictive practices in NDIS and particular disability services settings. Options for reshaping part 6 of the Disability Services Act 2006. Available from: https://qchub.dsdsatsip.qld.gov.au/app/webroot/js/admin_js/kcfinder/upload/queenslandcommunities/files/PBSRP_ConsultationPaper.pdf

Queensland Government (2006). Disability services Act 2006. Available from: https://www.legislation.qld.gov.au/view/html/inforce/current/act-2006-012

TAB Guide to Restrictive Practice Processes by state and territory Page 40 of 42 Page 440 of 442

Queensland Government (2021). Child protection Act 1999.

Available from https://www.legislation.qld.gov.au/view/html/inforce/current/act-1999-010

Senior Practitioner Act 2018 (ACT).

Available from https://www.legislation.act.gov.au/a/2018- 27

South Australia Civil and Administrative Tribunal (2020). Restrictive practices and special powers [fact sheet].

Available from https://www.sacat.sa.gov.au/documents/fact- sheets/fact-sheets-g-and-a/FactSheet_Special-Powers-for-Restrictive-Powers- 15Sep20_.pdf

State Government of Victoria (2006). Disability Act 2006 Section 132ZR.

Available from http://classic.austlii.edu.au/au/legis/vic/consol_act/da2006121/s132zr.html?msclkid=5 e0e363ba96d11eca2ee8a7c0f5ddde7

Tasmanian Civil and Administrative Tribunal (2021). Restrictive practices and guardianship.

Available from https://www.tascat.tas.gov.au/_data/assets/pdf_file/0005/637232/Restrictive- Practices-and-Guardianship.pdf

Tasmanian Government (2021). Disability services act 2011.

Available from https://www.legislation.tas.gov.au/view/html/inforce/current/act-2011-027

Consultation

Entity Summary of Consultation
C. Ogier (TAB research) Document creation, Research on WA, SA and ACT
R. Sharman (TAB Advisor) Preliminary research on NSW, QLD, NT, TAS, and VIC
J. Scheetz (TAB research) Review
SJP131 (TAB research) Review
SJP131 Updated links, removed redundant information

Document Control

| Document No | | HPRM Document No | | Date | April 2022 | | Status | Final | | Version | 001 | | Owner | Technical Advisory Branch |

Approval Status Log

ndis| TAB Guide to Restrictive Practice Processes by state and territory

Page 441 of 442 Page 41 of 42

MR25/00038 | FOI 24/25-0317

Version V2
Reviewed by Stephanie Pritchard
Approved by insert name
Approval date insert approval date for version

Revision History

Revision 1 Date 00/0000 Sections All Summary of Changes Original
Note: Document uncontrolled in hardcopy
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