Bureaucratic Components of Developing aBehaviour Support Plan
Inclusive of Restrictive Practices, under the NDIS
Commonwealth Legislation, Rules and Guidelines
Including the National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018.
NDIS funds Participant’s Behaviour Support Plan (BSP) (May require NDIS Review of Participant’s NDIS Plan) Imm
The NDIS (not the provider that requires the Restrictive Practice) Registered to develop BSP
Behaviour Support Practitioner is responsible for Interim or Comprehensive BSP inclusive of Restrictive lodging the Practice developed to meet the different requirements of BSP on the 1. NDIS Commission NDIS ComlT!unltles & Justice 2. NSW Communities & Justice Services -i,;;,._,,,.NS! ICommission’s Portal for Provider to eport on. Consent by the Participant or their Legal Guardian required There is no A ‘person responsible’ cannot consent to a restrictive practices consistency on behalf of an adult with a disability other than for chemical restraint. between Arrange the appointment of a Guardian with restrictive practitioners in practice authority through NSW Civil and regard to Administrative Tribunal (Guardianship Division) knowledge about behaviour support and Behaviour Support Plan with Consent lodged with ComlT!unltleswhat &Justice NSW Communities & Justice Services (Restrictive Practices) constitutes a regulated restrictive practice, the Behaviour Support Plan authorised by TJWcontents and layout of Restrictive Practice Authorisation (RPA) Panel using ComlT!unltles& Justice behaviour NSW RPA Independent Specialist support plans, or thebureaucratic l NSW RPA advised of outcome of RPA Panel Communitiescomponents of & Justi.:e the Restrictive PracticeSystem. l Monthly reporting of use of Restrictive Practice by Implementing Provider to NDIS Commission
Legal requirement to review restrictive practice at least every 12 months
In reality the process of Developing a Behaviour Support Plan inclusive
of Restrictive Practices looks more like this…
Apply for NDIS Review of Participant’s Plan if not enough funds in Plan.
NDIS Funds need to be in Participant’s NDIS Plan to Legislation, Rules and Guidelines pay for or Behaviour Support Plan for Funding is also required Require participant to contract Behaviour Support Practitioner registered with NDIS for annual review of BSP Commission consent appointment Application and for to training of Restrictive NCAT Practice purposes Guardian for Authorisation Outcome of Panel lodged on NSW RPA Portal The contract is between the Participant and Practitioner, not the provider who requires the restrictive practice. This can lead to conflict. BSP & range of associated documents Range of BS Practitioners required to lodge BSPs on NDIS portal for reporting purposes Monthly reporting of use of Review Restrictive Practice at 12 months Practices to NDIS Independent Specialist Commission expects multiple errors entered by Practitioner to be resolved by implementing Service Provider. Communities F.. Justice Service Provider.
Restrictive Practices A restrictive practice is any practice or intervention that has the effect of restricting the rights or freedom of movement of the person. New NDIS behaviour support requirements are intended to reduce and eliminate restrictive practices. Under the NDIS, authorised restrictive practices are categorised as follows:
- Seclusion – where a person is kept in a room or space at any time where their exit is prevented.
- Physical restraint – where physical force is used to prevent or restrict a person’s movement.
- Mechanical restraint – where a device is used to prevent or restrict a person’s movement.
- Environmental restraint – where a person’s access to parts of their environment, including items or activities, is restricted.
- Chemical restraint – where medication is used for the primary purpose of influencing a person’s behaviour, and not for treatment of a diagnosed mental disorder, physical illness or physical condition.