NDIS Restrictive Practices Authorisation: Regulated Restrictive Practice Rules

The five regulated restrictive practices

The NDIS (Restrictive Practices and Behaviour Support) Rules 2018 identify five specific practices as regulated restrictive practices under section 9. These practices require specific authorisations before they can be used. Understanding these definitions is crucial for NDIS participants, their families, and support providers to ensure compliance with the NDIS Act. NDIS Practice Standards explained

The five regulated restrictive practices are seclusion, chemical restraint, mechanical restraint, physical restraint, and environmental restraint. Seclusion involves preventing voluntary exit from a room or space. Chemical restraint refers to the use of medication to influence behaviour, excluding medication for diagnosed medical conditions. Mechanical restraint involves devices used to restrict movement for behavioural purposes, excluding therapeutic uses.

Physical restraint involves the use of physical force to restrict movement for behavioural purposes. Finally, environmental restraint limits a person’s access to their surroundings. It is important to note that the primary purpose of these practices must be to influence behaviour for these practices to be considered regulated restrictive practices. NDIS Practice Standards explained

Behaviour support plans and specialist providers

Providers intending to use regulated restrictive practices must be registered with the NDIS Quality and Safeguards Commission. This registration can be as either a Specialist Behaviour Support Provider or an Implementing Provider. NDIS Quality and Safeguards Commission powers

A regulated restrictive practice can only be used if it is outlined within a behaviour support plan (BSP). This BSP must be developed by an NDIS behaviour support practitioner who has been assessed as suitable by the Commissioner. BSPs must be submitted to the NDIS Commission Portal within 30 business days of their creation or any significant changes.

Section 21 of the Rules mandates that BSPs incorporate strategies aimed at reducing and ultimately eliminating the need for restrictive practices. Behaviour support practitioners are also required to adhere to the Positive Behaviour Support Capability Framework when developing and implementing these plans.

State and territory authorisation

The use of a regulated restrictive practice requires authorisation from the relevant state or territory under its restrictive practices authorisation (RPA) framework. This requirement exists in addition to any NDIS authorisation. Each state and territory operates its own RPA process; examples include Senior Practitioner approvals in Victoria, the Office of the Public Advocate in Queensland, and the Public Guardian in New South Wales. NDIS Reportable Incidents rules

Authorisation processes generally involve consideration from multiple parties, including the person experiencing the restrictive practice, their guardian, family, treating practitioners, and behaviour support practitioners. The specific requirements for this consideration will vary depending on the state or territory.

The NDIS Commissioner has authority under the National Disability Insurance Scheme Act 2013 to ensure compliance with NDIS Commission processes where state or territory law is lacking. This intersection of state RPA and Commonwealth NDIS rules can create dual-jurisdiction compliance obligations for NDIS providers.

Reporting and unauthorised use

Any use of a regulated restrictive practice is a reportable incident. This requirement is outlined in section 73Z of the NDIS Act and mandates reporting to the NDIS Commission. NDIS Worker Screening Check requirements must be met for all involved.

Unauthorised use of a regulated restrictive practice – which includes use without state/territory authorisation, without a Behaviour Support Plan (BSP), or use of a practice not included in the BSP – requires reporting within 5 business days of becoming aware of the incident.

Authorised use, occurring in accordance with a BSP and relevant state authorisation, is reported monthly through the NDIS Commission Portal. The NDIS Commission holds powers under Part 4 of the NDIS Act, including the ability to issue banning orders, civil penalties (up to 250 penalty units for individuals), and infringement notices. Specific compliance and enforcement action applies to prohibited practices.