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Guide to Restrictive Practice Processes by Australian state and territory

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DOCUMENT 2

Technical Advisory Branch (TAB)

Guide to Restrictive Practice Processes by Australian state and territory

Seclusion Chemical Mechanical Physical Environmental

April 2022

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Contents

Purpose ……………………………………………………………………………………………………………………………….. 2 Restrictive Practices ……………………………………………………………………………………………………………. 3 New South Wales ………………………………………………………………………………………………………………… 4 Victoria ………………………………………………………………………………………………………………………………… 8 Northern Territory ………………………………………………………………………………………………………………. 11 Queensland ……………………………………………………………………………………………………………………….. 14 Tasmania …………………………………………………………………………………………………………………………… 19 South Australia ………………………………………………………………………………………………………………….. 23 Western Australia ………………………………………………………………………………………………………………. 26 Australian Capital Territory ………………………………………………………………………………………………… 29 References ………………………………………………………………………………………………………………… 31

Purpose

This document is a guide concerning the entities responsible for the authorisation for each of the regulated restrictive practices (RRP) (seclusion, chemical, mechanical, physical, and environmental) in each of the Australian states and territories.

The guide has been 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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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 that regulated restrictive practices (RRP) involve any of the following:

  • seclusion: sole confinement of a person with a disability 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 does not include a person who chooses to have quiet time on their own in their room where they are able to come out at any time. It also does not include 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). It does not include medication prescribed by a medical practitioner for the treatment of diagnosed mental disorder, physical illness or physical condition (Australian Government, 2018a). Chemical restraint does include use of medication to achieve menstrual suppression without informed consent of the person (NDIS QSC, 2020).
  • mechanical restraint: use of a device to prevent, restrict or subdue movement for the primary purpose of influencing behaviour. It does not include use of devices for therapeutic or non-behavioural purposes (Australian Government, 2018a). A device used for safe transportation is not a mechanical restraint, however any device used during transport to prevent a behaviour of concern for safety reasons is considered a mechanical restraint (NDIS QSC, 2022).
  • 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). It does not include if a person needs assistance in daily living activities to complete a task safely and accepts this support. For example, 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).
  • environmental restraint: restriction of a person’s free access to all parts of their environment, including items or activities (Australian Government, 2018a).

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New South Wales

Entity Responsible: NSW Government, Family and Children Services (Central Restrictive Practices Team (CRPT), 2019)

Authorisation process (CRPT, 2019a; CRPT 2019b)

  1. Behaviour support plan is developed,
  2. Informed consent is obtained by the participant or their guardian,
  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:

  1. 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,
  2. A specialist with expertise in Behaviour Support, can be provided by FACS or sourced by other means,
  3. And a person who is independent of the service provider.

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. In this scenario, the panel is made up of two people:

  1. 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,
  2. A specialist with expertise in behaviour support, can be provided by FACS or sourced by other means, and who is independent of the service provider.

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.

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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).

| Environmental Restraint | Consent: 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).

Others impacted by environmental restraint, for example, using a physical barrier like a locked door. A practice authorised as an | | — | — |

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environmental restraint for a person using behaviours of concern is not, however, 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, 2020a).
Mechanical Restraint Consent:
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 with a restrictive practices function, including a person appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal (CRPT, 2019a).

Applying a mechanical restraint may also require physically restraining the person temporarily (NSW FCS, 2020b).

Transportation- interventions to enable safe transportation are not considered mechanical restraint, and do not need to be authorised. e.g. buckle guard for a seat belt, ‘child lock’ on a door, adjustable vest to prevent unsafe unintentional movement in the vehicle. However it may be considered mechanical restraint if the primary purpose is to manage behaviour.

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, 2020b). | | Chemical Restraint | Consent: Under 18: Parent/Guardian OR the person with parental responsibility (e.g. the Minister for Family and Community Services) (CRPT, 2019a) Over 16: The person if they have capacity OR other people, such as an advocate, solicitor, carer, or next of kin OR a person appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal (CRPT, 2019a).

Using medication to manage behaviours of concern should not be the only behaviour support strategy. BSP should include positive behaviour management strategies (NSW FCS, 2020c). | | Physical Restraint | Consent: Under 18: Parent/Guardian OR the person with parental responsibility (e.g. the Minister for Family and Community Services) (CRPT, 2019a) Over 16: The person if they have capacity OR other people, such as a guardian with a restrictive practices function, including a person appointed |

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| | by the Guardianship Division of the NSW Civil and Administrative Tribunal (CRPT, 2019a).

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, 2020d).

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, 2020d). | | — | — | | Seclusion Restraint | Consent: 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).

Seclusion is prohibited where it results in denial of key needs, such as access to bedding, water, climate controls or toilet facilities (NSW FCS, 2020e). |

Further information

  • Restrictive Practice Resources Environmental Restraint Guidance
  • Restrictive Practice Resources Mechanical Restraint Guidance
  • Restrictive Practice Resources Chemical Restraint Guidance
  • Restrictive Practice Resources Physical Restraint Guidance
  • Restrictive Practice Resources Seclusion Guidance
  • Restrictive Practice Authorisation Policy
  • Restrictive Practices Authorisation Procedural Guide

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Victoria

Entity Responsible: State Government of Victoria, Victorian Senior Practitioner (Department of Health and Human Services (DHHS), 2020a)

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.

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.

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  • 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.

Lawful Orders (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. 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 if a supervised treatment order has been made by VCAT under Part 8 of the Disability Act 2006.

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| Environmental Restraint | Authorisation process as outlined above.

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).
Mechanical Restraint Authorisation process as outlined above.

In addition to the APO authorising the use of the RRP the Victorian Senior Practitioner must provide approval for the use of regulated restrictive practices on NDIS participants if: the practice is in the form of mechanical restraint (DHHS, 2019a).

Transportation: Devices used to allow safe transportation of people with a disability are not considered mechanical restraint. If additional restraints are used within a vehicle in response to behaviour and not for a medical condition or physical disability (such as a lap belt on a wheelchair for postural support), this is considered mechanical restraint (DHHS, 2020b). | | Chemical Restraint | Authorisation process as outlined above. | | Physical Restraint | Authorisation process as outlined above.

In addition to the APO authorising the use of the regulated restrictive practice the Victorian Senior Practitioner must provide approval for the use of regulated RRP on NDIS participants if the practice is in the form of physical restraint (DHHS, 2019a). | | Seclusion Restraint | Authorisation process as outlined above.

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.

If seclusion is being used, appropriate bedding, clothing, food and drink is supplied, and the NDIS participant has access to adequate heating, cooling and toilet arrangements (DHHS, 2019a). |

Detailed information

  • Authorisation process for the use of regulated restrictive practices
  • Victorian Disability Act 2006 Section 132ZR(1) V

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Northern Territory

Entity Responsible: Northern Territory Government, Northern Territory Senior Practitioner (Northern Territory Government (NT Government), 2019)

The NDIS (authorisations) Act 2019 (NT Government, 2019) outlines the functions of the Senior Practitioner who is responsible for the Restrictive Practices Authorisation Framework (NT Government, 2021), and who will: I. Authorise the use of restrictive practices; II. Disallow inappropriate requests for restrictive practices; III. Produce and disseminate policies, standards and guidelines to promote best practice, lead sector capacity building and improve awareness to minimise the use of restrictive practices; and IV. Capture and record the authorisation of restrictive practices that are deemed to be necessary.

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
  • 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

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  • 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.

Unauthorised use of RRP (NT Government, 2021)

  • Unauthorised use of RRP relating to an NDIS participant is a reportable incident
  • Unauthorised restrictive practices must be reported to the NDIS Quality and Safeguards Commission as a reportable incident until the BSP is activated in the NDIS Commission portal

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.

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

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Environmental Restraint Authorisation process as outlined above.
Mechanical Restraint Authorisation process as outlined above.
Chemical Restraint Authorisation process as outlined above.
Physical Restraint Authorisation process as outlined above.

In the NT, authorisation will not be granted for the use of supine (face up position) or prone (face down) restraint (NT Government, 2021). | | Seclusion Restraint | Authorisation process as outlined above.

Prohibited: In relation to a person under the age of 18 years.

NB. Seclusion includes isolation of a child or young person (under 18 years of age) in a setting from which they are unable to leave (NT Government, 2021). |

Detailed information

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

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Queensland

Entity Responsible: Queensland Civil and Administrative Tribunal (QCAT) (QCAT, 2021)

The Disability Services Act 2006 (the Act) (Queensland Government, 2006) regulates the use of restrictive practices in adults with an intellectual or cognitive disability by services provided by Disability Services, or services prescribed by regulation and funded under a NDIS participant plan by specifying certain conditions under which they may be considered for use (Department of Communities, Disability Services and Seniors (DCDSS), 2019a).

Authorisation process (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 service provider who intends to implement restrictive practice and for each type of restrictive practice. 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).

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

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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).

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
  • 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).

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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).

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

| Environmental Restraint | Referred to as Restricted access to objects.

Authorisation General: Guardian for restrictive practice (general) appointed by QCAT or if no appointment, an informal decision maker (DCDSS, 2019b).

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: | | — | — |

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| | * 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). | | — | — | | Mechanical Restraint | Authorisation General: Authorisation from the Guardian for restrictive practice (general) appointed by QCAT- Queensland Civil and Administrative Tribunal (DCDSS, 2019e).

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). | | Chemical Restraint | Authorisation General: 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- Informal decision maker or guardian for restrictive practices (respite) appointed by QCAT (QCAT, 2021; DCDSS, 2020b) Fixed doses for adults when on community access- Guardian for restrictive practice (respite) appointed by QCAT (QCAT, 2021)

*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 (DCDSS, 2020b).

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 (DCDSS, 2020b). | | Physical Restraint | Authorisation General: Guardian for restrictive practice (general) appointed by QCAT (DCDSS, 2020c). |

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| | 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 (QCAT, 2021, DCDSS, 2020c).

Practices used to assist the adult with daily living or therapeutic activities, or to keep the adult safe where the adult has a skills deficit and as a consequence is unable to perform a task safely are not intended to be restrictive practices (DCDSS, 2020c). | | — | — | | Seclusion Restraint | Authorisation General: Authorisation from QCAT (QCAT, 2021)

When only receiving respite and/or community access: Guardian for restrictive practice (respite) appointed by QCAT (QCAT, 2021).

Providers must work with Department of Communities, Disability Services and Seniors (DCDSS) in the assessment for, and development of, all positive BSP which include containment and seclusion (DCDSS, 2019a)

NOTE: For all participants over the age of 18 that have containment and seclusion as a restrictive practice must have their plan developed jointly with the DCDSS (DCDSS, 2019a). |

Detailed information

  • Authorising Restrictive Practices
  • Restricting Access
  • Mechanical Restraint
  • Chemical restraint
  • Physical restraint
  • Containment and seclusion
  • Queensland Civil and Administrative Tribunal (QCAT): Guardian for restrictive practices
  • Locking of gates, doors, and windows
  • Child Safety Policy, Managing High Risk Behaviour (Policy No 646-2)
  • Child Safety Policy, Positive Behaviour Support (Policy No 604-5)

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Tasmania

Entity Responsible: Department of Communities, Office of The Senior Practitioner (DCT, 2020a)

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, 2020b).
  • 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, 2020c): (a) Physical contact with the person to enable the behavioural control of the person or (b) Taking an action that restricts the liberty of movement of the person

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
  • 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)
  • 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)

Unauthorised restrictive practice is prohibited unless (DCT, 2021a):

  • The action is used to prevent serious harm to a person with disability or others
  • The action is the least restrictive option
  • The Senior Practitioner is notified as soon as possible using the form “Reporting Unauthorised Restriction”

Prohibited restrictive practices (DCT, 2021a).

  • Prone or supine restraint
  • Pin downs

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  • ‘Basket’ holds and ‘take downs’
  • Punitive approaches such as aversive practice, denial of key needs, over correction

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)

| Environmental Restraint | Approval for the use of an environmental restriction is obtained from the Secretary of the Department of Communities Tasmania, following a recommendation from the Senior Practitioner. The approval period is 90 days and may be subject to a number of conditions (DCT, 2021b).

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;
  • 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 pursing a certain course of action (DCT, 2021b). | | — | — |

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| Mechanical Restraint | Restrictive interventions that are for the sole purpose of enabling transport do not require approval i.e. seat belt buckle guard, universal harness and adjustable vest (DCT, 2019a).

However, if a restraint is used for convenience of staff the practice is considered a form of abuse (DCT, 2019b). The use of the below restrictive practices for behaviour purposes need to be reported to the Office of the Senior Practitioner (DCT, 2019d):

  • Buckle guard (if the client regularly undoes his/her belt).
  • Harness (if the client tries to interfere with the driver or other passengers).
  • Dedicated harness that requires modification to the vehicle. | | — | — | | 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 | Approval to use personal restriction needs to be granted by the Guardianship and Administration Board, following a recommendation from the Senior Practitioner. The approval period can be either 90 days, 6 months or up to 2 years and may be subject to a number of conditions (DCT, 2020c).

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).

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 |

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use then staff must increase their monitoring of the person at risk (DCT, 2019c).
Seclusion Restraint Seclusion is a form of personal restriction. It can only be used if it is to prevent harm, used in the least restrictive way possible, as a last resort and authorised (DCT, 2019b).

The use of seclusion should be reported to the Tasmanian Senior Practitioner to obtain authorisation for its use under provisions of the Disability Services Act (Use of a Personal Restriction) (DCT, 2019b).

Where an adult with disability has a guardian appointed by the Guardianship and Administration Board (GAB), the guardian can consent to the use of seclusion if it meets the conditions above (DCT, 2019b).

A parent’s request for the use of sole confinement does not stop the action from being seclusion. Family members may advise a service provider that they want the person with the disability to be secluded however the service provider will still need to seek authorisation from the Tasmanian Senior Practitioner and report to the Commission (DCT, 2019b).

If ‘sole confinement’, a ‘time out’, ‘time away’ or similar practices are used that don’t meet the conditions above they will most likely be considered a form of abuse and not as RRP (DCT, 2019b). |

Detailed information

  • Disability Services Act 2011
  • Restrictive Interventions in Service for People with Disability Procedure
  • Surveillance and monitoring of people with a Disability
  • Environmental restrictions
  • Personal restrictions
  • Locking of Fridges and Pantries
  • Use of Bed Rails
  • Seclusion
  • Restrictive Interventions not Requiring Authorisations

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South Australia

Entity Responsible: South Australian Civil and Administrative Tribunal (SACAT) (Department for Communities and Social Inclusion (DCSI), 2015)

Authorisation– Adults

  • If a person can provide their own consent for the use of restrictive practices (including sedative medication) then there is no need for substituted consent (SACAT, 2020).
  • SACAT can appoint a substitute decision-maker under the Advance Care Directives Act 2013 (Government of South Australia, 2013); substitute decision makers have the roles, functions and responsibilities set out in Section 23 of that Act and can give consent to certain types of health care (SACAT, 2020). Chemical, environmental and mechanical restraints implemented without force can be consented to by a substitute decision-maker (SACAT, 2020).
    • Where there is no substitute decision-maker, consent can be provided by a ‘person responsible’. If substituted consent is needed to the administration of medication for any purpose (including chemical restraint) or to any other type of health care (including environmental and mechanical restraint) a medical practitioner or health practitioner may seek the consent of a substitute decision maker under an advance care directive OR a ‘person responsible’ under the Consent to Medical Treatment and Palliative Care Act 1995 (SACAT, 2020).
    • A ‘person responsible’ is defined by the Consent to Medical Treatment and Palliative Care Act 1995 as a person who has the legal authority to provide or refuse consent for a person with impaired decision-making capacity. The legal order is as follows: a guardian with health-care decision making power, relative with close and continuing relationship, adult friend with close and continuing relationship, finally SACAT (SACAT, 2020).
    • A Guardian appointed by SACAT can make decisions on health care and certain restrictive practices to control behaviours (health care function) (SACAT, 2020).
  • Some types of restrictive practices require SACAT specific authorisation under section 32 of the Act (called special power orders) (DCSI, 2015; SACAT, 2020):
    • Direct the person where to reside (directed residence/enforceable restraint)
    • Authorise detention in the place they will reside

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  • Authorise people responsible for daily care to use such force as may be reasonably necessary for the purpose of medical and dental treatment, day to day care and general well-being.
  • An application for these restrictive practices must be made by the guardian or substitute decision maker and be authorised by SACAT under Section 32 of the Guardianship and Administration Act 1993 (DCSI, 2015). SACAT will only make the orders if they are satisfied the health and safety of the person, or safety of others, would be at risk if the order was not granted. The restrictive practice can only be to the extent authorised by SACAT (DCSI, 2015).

Authorisation – Children

  • Consent required from parents/legal guardian (DCSI, 2015).

Informal Arrangements (Public Advocacy) (Office of the Public Advocate, 2018)

  • SACAT can grant special powers that authorise detention and the use of force/restrictive practices, under section 32 of the Guardianship and Administration Act 1993
  • If a restrictive practice is approved (e.g. locked fridge) by a guardian under a lifestyle decision, it requires a PBSP
  • Public Advocate delegated guardians should only approve restrictive practices when a positive BSP exists

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).

| Environmental Restraint | A substitute decision maker or personal responsible can consent to environment restraints that do not use force, such as restricting a person’s access to parts of their environment, items and activities.

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 | | — | — |

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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 that place (with police assistance if necessary) (SACAT, 2020).
Mechanical Restraint A substitute decision maker or personal responsible can consent to the use of a device to prevent, restrict or subdue movement for the purpose of influencing behaviour where no force is used.

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 | A substitute decision maker or personal responsible can consent to the use of chemical restraint where no force is used. a device to prevent, restrict or subdue movement for the purpose of influencing behaviour where no force is used and the person is not resisting the 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 |

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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 restrictions are placed on the person’s liberty or freedom of movement so that they may not freely come and go from a place, or any part of the place. The order will authorise restraints on the person leaving and will enable the person to be brought back if they leave or are removed from that place (with police assistance if necessary) (SACAT, 2020).

Detailed information

  • Restrictive Practices and Special Powers
  • Safeguarding People with Disability Restrictive Practices Policy
  • SA Office of the Public Advocate: Restrictive Practices

Western Australia

Entity Responsible: The Department of Communities (DoC, 2020a)

Authorisation process (DoC, 2020b)

  • 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:
    1. A senior manager (or their delegate) with the Implementing Provider with operational knowledge and relevant experience in behaviour support,
    2. 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

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

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Lawful Orders (DoC, 2020c)

  • 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

| Environmental Restraint | Authorisation process as outlined above (DoC, 2020b)

Surveillance is the tracking of a person’s behaviour or movement by audio, visual or location data (DoC, 2020c). It also includes accompanying a person or keeping them in line of sight at all times (DoC, 2020c). | | — | — | | Mechanical Restraint | Authorisation process as outlined above (DoC, 2020b) | | Chemical Restraint | Authorisation process as outlined above (DoC, 2020b)

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) | | Physical Restraint | Authorisation process as outlined above (DoC, 2020b) | | Seclusion Restraint | Authorisation process as outlined above (DoC, 2020b) |

Detailed information

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

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Australian Capital Territory

Entity Responsible: ACT Government, Community Services, Office of the Senior Practitioner (Community Services, 2021)

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).

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Use of regulate restrictive practice in an emergency:

  • Under Section 10 of the Senior Practitioner 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)

Lawful Orders (ACT Government, 2021) Under the Senior Practitioner Act 2018, 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.

Environmental Restraint Authorisation process as outlined above
Mechanical Restraint Authorisation process as outlined above
Chemical Restraint Authorisation process as outlined above
Physical Restraint Authorisation process as outlined above
Seclusion Restraint Authorisation process as outlined above

Detailed 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

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References

Australian Capital Territory Government. (2021). Senior Practitioner Act 2018. Available from https://www.legislation.act.gov.au/a/2018-27

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 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 Captial 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 Captial Territory Government. Available from https://www.communityservices.act.gov.au/quality-complaints-and-regulation/office-of-the-senior-practitioner/act-senior-practitioner-fact-sheet

Deparment of Children, Youth Justice and Multicultural Affairs. (2020). Child safety policy: managing high risk behaviour [Policy 646-2]. Queensland Government. Retreived from https://www.cyjma.qld.gov.au/resources/dcsyw/foster-kinship-care/managing-high-risk-behaviour-646.pdf

Deparment of Children, Youth Justice and Multicultural Affairs. (2020b). Child safety policy: positive behaviour support [Policy 604-5]. Queensland Government. Retreived from https://www.cyjma.qld.gov.au/resources/dcsyw/foster-kinship-care/managing-high-risk-behaviour-646.pdf

Department of Communities, Disability Services and Seniors. (2019a). Authorising restrictive practices. Queensland Government. Available from

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https://www.dsdsatsip.qld.gov.au/resources/dsdsatsip/disability/service-providers/centre-excellence/authorising-restrictive-practices.pdf

Department of Communities, Disability Services and Seniors. (2019c). Containment and seclusion. Queensland Government. Available from https://www.dsdsatsip.qld.gov.au/resources/dsdsatsip/disability/service-providers/centre-excellence/containment-and-seclusion.pdf

Department of Communities, Disability Services and Seniors. (2019d). Locking gates, doors or windows. Queensland Government. Available from https://www.dsdsatsip.qld.gov.au/resources/dsdsatsip/disability/service-providers/centre-excellence/locking-gates-doors-or-windows.pdf

Department of Communities, Disability Services and Seniors. (2019e). Mechanical restraint. Queensland Government. Available from https://www.dsdsatsip.qld.gov.au/resources/dsdsatsip/disability/service-providers/centre-excellence/mechanical-restraint.pdf

Department of Communities, Disability Services and Seniors. (2019b). Restricting access. Queensland Government. Available from https://www.dsdsatsip.qld.gov.au/resources/dsdsatsip/disability/service-providers/centre-excellence/restricting-access.pdf

Department of Communities, Disability Services and Seniors. (2020b). Chemical restraint. Queensland Government. Available from https://www.dsdsatsip.qld.gov.au/resources/dsdsatsip/disability/service-providers/centre-excellence/chemical-restraint.pdf

Department of Communities, Disability Services and Seniors. (2020c). Physical restraint. Queensland Government. Available from https://www.dsdsatsip.qld.gov.au/resources/dsdsatsip/disability/service-providers/centre-excellence/physical-restraint.pdf

Department of Communities, Disability Services and Seniors. (2020a). Short term approval: a guide for service providers. Queensland Government. Available from https://www.dsdsatsip.qld.gov.au/resources/dsdsatsip/disability/service-providers/centre-excellence/short-term-approval-guide-for-service-providers.pdf?msclkid=f76d1404aa3f11ecadb5cf1f63d30fc8

Department of Communities Tasmania. (2019a). Office of the Senior Practitioner – restrictive interventions not requiring authorisation. Tasmanian Government. Available from https://www.communities.tas.gov.au/__data/assets/pdf_file/0018/101745/20190823-OSP-Admin-Factsheet-RIs-not-requiring-authorisation.pdf

Department of Communities Tasmania. (2019b). Office of the Senior Practitioner – seclusion. Tasmanian Government. Available from

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https://www.communities.tas.gov.au/__data/assets/pdf_file/0032/64769/20200716-OSP-Admin-Factsheet-Seclusion.pdf

Department of Communities Tasmania. (2019c). Office of the Senior Practitioner – use of bed rails. Tasmanian Government. Available from https://www.communities.tas.gov.au/__data/assets/pdf_file/0017/101717/20190823-OSP-Admin-Factsheet-Use-of-Bed-Rails.pdf

Department of Communities Tasmania. (2020a). Office of the Senior Practitioner. Tasmanian Government. Available from https://www.communities.tas.gov.au/disability/office-of-the-senior-practitioner

Department of Communities Tasmania. (2020b). Office of the Senior Practitioner – environmental restrictions. Tasmanian Government. Available from https://www.communities.tas.gov.au/__data/assets/pdf_file/0009/101430/20200716-OSP-Admin-Factsheet-Environmental-Restrictions.pdf

Department of Communities Tasmania. (2020c). Office of the Senior Practitioner – personal restrictions. Tasmanian Government. Available from https://www.communities.tas.gov.au/__data/assets/pdf_file/0011/101441/20200716-OSP-Admin-Factsheet-Personal-Restrictions.pdf

Department of Communities Tasmania. (2020d). Office of the Senior Practitioner – safe transportation of people with behaviours of concern. Tasmanian Government. Available from https://www.communities.tas.gov.au/__data/assets/pdf_file/0015/101427/20200716-OSP-Admin-Factsheet-Safe-transportation-of-people-with-BoC.pdf?msclkid=d7b68fcbaaf411ec8415012b265404cb

Department of Communities Tasmania. (2020e). Office of the Senior Practitioner – locking of fridges and pantries. Tasmanian Government. Available from https://www.communities.tas.gov.au/__data/assets/pdf_file/0010/101431/20200716-OSP-Admin-Factsheet-locking-of-Fridges-and-pantries.pdf

Department of Communities Tasmania. (2021b). Office of the Senior Practitioner – surveillance and monitoring of people with a disability. Tasmanian Government. Available from https://www.communities.tas.gov.au/__data/assets/pdf_file/0016/101428/OSP-Factsheet-Surveillance-and-monitoring-of-people-with-a-disability-December-2021.pdf

Department of Communities Tasmania. (2021a). Restrictive interventions in service for people with disability procedure. Tasmanian Government. Available from https://www.communities.tas.gov.au/disability-community-

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services/publications/policies,_procedures_and_guidelines/restrictive-interventions-in-service-for-people-with-disability-procedure

Department of Communities. (2020a). Authorisation of restrictive practices. Government of Western Australia. Available from https://www.wa.gov.au/organisation/department-of-communities/authorisation-of-restrictive-practices

Department of Communities. (2020c). 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. (2020b). 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 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 Health and Human Services.(2020a). Office of professional practice. Government of Victoria. Available from https://www.dhhs.vic.gov.au/office-professional-practice#victorian-senior-practitioner

Department of Health and Human Services.(2020b). 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. (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

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Government of South Australia. (2013). Advance Care Directives Act 2013. Available from https://www.legislation.sa.gov.au/__legislation/lz/c/a/advance%20care%20directives%20act%202013/current/2013.10.auth.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/sites/default/files/documents/2021-06/ndis-commission-pbs-capability-framework-july2019-final-update-february2021_0.docx

NDIS Quality and Safeguards Commission. (2020). Regulated restrictive practices guide. Available from https://www.ndiscommission.gov.au/sites/default/files/documents/2021-03/regulated-restrictive-practice-guide-rrp-20200_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/documents/2021-02/regulated-restrictive-practices-children-and-young-people-disability-practice-guide-march-2021.pdf#:~:text=The%20Regulated%20Restrictive%20Practices%20with%20Childr%20en%20and%20Young%20Pe

NDIS Quality and Safeguards Commission. (2022). Restrictive practice guide. Safe transportation. Available from https://www.ndiscommission.gov.au/sites/default/files/documents/2022-03/restrictive-practice-guide-safe-transportation-feb-2022-v2-accessible.docx

New South Wales Family and Community Services. (2020c). Restrictive practices resources chemical restraint guidance. Available from https://www.facs.nsw.gov.au/download?file=636948

New South Wales Family and Community Services. (2020a). Restrictive practices resources environmental restraint. Available from https://www.facs.nsw.gov.au/download?file=636949

New South Wales Family and Community Services. (2020b). Restrictive practices resources mechanical restraint guidance. Available from https://www.facs.nsw.gov.au/download?file=636950

New South Wales Family and Community Services. (2020d). Restrictive practices resources physical restraint guidance. Available from https://www.facs.nsw.gov.au/download?file=636951

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New South Wales Family and Community Services. (2020e). Restrictive practices resources seclusion guidance. Available from https://www.facs.nsw.gov.au/download?file=636952

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. (2021). Restrictive practices authorisation framework: guidelines for NDIS service providers 2021. Available from https://health.nt.gov.au/restrictive-practices-authorisation-framework-guideline.pdf

Office of the Public Advocate. (2018). Restrictive Practices. Government of South Australia. Available from https://www.ndiscommission.gov.au/sites/default/files/documents/2018-07/Behaviour%20Support%20Workshop%20-%20SA%20Requirements%20OPA.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. (2006). Disability services Act 2006. Available from https://www.legislation.qld.gov.au/view/html/inforce/current/act-2006-012

Queensland Government. (2021). Child protection Act 1999. Available from https://www.legislation.qld.gov.au/view/html/inforce/current/act-1999-010

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=5e0e363ba96d11eca2ee8a7c0f5ddde7

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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. redacted: s22(1)(a)(ii) - irrelevant (TAB research) Document creation, Research on WA, SA and ACT
R. redacted: s22(1)(a)(ii) - irrelevant (TAB Advisor) Preliminary research on NSW, QLD, NT, TAS, and VIC
J. redacted: s22(1)(a)(ii) - irrelevant (TAB research) Review
SJP131 (TAB research) Review

Document Control

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

Approval Status Log

Version V1
Reviewed by insert name
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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