Who must comply with Develop + authorise Behaviour Support Plans for restrictive practices?
The applicability test for Develop + authorise Behaviour Support Plans for restrictive practices (NDIS Commission), computed across 35 industries, 9 business structures and 6 size bands.
Short answer: Only if
Applies only if you use regulated restrictive practices. Whether it applies turns on a fact that no industry, structure or size settles on its own.
What the obligation is
Use of restrictive practices in NDIS supports requires a comprehensive Behaviour Support Plan.
NDIS (Restrictive Practices and Behaviour Support) Rules 2018 require any use of restrictive practices to be authorised under a state-specific authorisation framework + a written Behaviour Support Plan developed by a registered NDIS behaviour support practitioner.
The applicability test
Applies only if you use regulated restrictive practices. Whether it applies turns on a fact that no industry, structure or size settles on its own.
How the regulator frames it: Registered NDIS providers using restrictive practices.
What triggers it: Use of restrictive practices on NDIS participants.
Jurisdiction: Commonwealth law, so the test is the same in every state and territory.
Which industries are in or out
Outcome across the 35 industries Rules Mate maps (1 of 35: only if a further fact applies; 34 of 35: no).
| Industry | Answer |
|---|---|
| NDIS providers | Only if a further fact applies |
| No | 34 other industries |
Business structure and size
Structure does not change the answer in ndis providers: for every structure the answer is "only if a further fact applies".
Size does not change the answer in ndis providers: at every size band the answer is "only if a further fact applies".
Worked examples
Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:
- Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
- Pty Ltd company in ndis providers with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if you use regulated restrictive practices.
Answers that bring it into scope
Starting from a small or large professional services company that does not otherwise meet the test, each of these single facts changes the engine's answer:
- The business is a registered NDIS provider: it becomes worth checking, because it applies only if you use regulated restrictive practices.
When you need to check further
The engine shows this obligation as "check whether this applies" when a business has NDIS services. It then applies only if you use regulated restrictive practices. That fact is not something Rules Mate can infer from industry, structure or size.
What you must do, and when
- When due
- BSP before practice; monthly reporting of use.
- Frequency
- Monthly
- Evidence to keep
- Authorisation; BSP; consent; monthly use reports.
- Status
- Current
- Priority
- Critical
Penalty for not complying
Maximum penalty: Civil penalties + provider registration consequences + state authorisation withdrawal.
Audit or assurance level
Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.
Where it sits in the corpus
Rules Mate tracks 7 published obligations tagged "ndis", 7 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated critical priority, and is a monthly obligation.
Regulator, legislation and tools
Regulated by NDIS Quality and Safeguards Commission.
NDIS Commission: NDIS provider registration, worker screening, code of conduct, reportable incidents, and complaint handling.
NDIS Act: Federal NDIS scheme + regulation.
Free tools that help with this obligation:
Questions
- Who must comply with Develop + authorise Behaviour Support Plans for restrictive practices?
- Applies only if you use regulated restrictive practices. Whether it applies turns on a fact that no industry, structure or size settles on its own.
- Does Develop + authorise Behaviour Support Plans for restrictive practices apply to sole traders?
- Only if a further fact applies. Looking in ndis providers and every size band, the engine's answer for a sole trader is: only if a further fact applies.
- Does Develop + authorise Behaviour Support Plans for restrictive practices apply to businesses with 1–5 employees?
- Only if a further fact applies (1–5 employees, turnover $100K–$1M).
- When is "Develop + authorise Behaviour Support Plans for restrictive practices" due?
- BSP before practice; monthly reporting of use.
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.