Why do we need to change the Disability Inclusion Act?
There has been a lot of work focused on restrictive practices and the importance of keeping vulnerable people safe and protected. This has been through the:
- National Framework for Reducing and Eliminating the Use of Restrictive Practices in the Disability Service Sector (2014)
- NDIS Quality and Safeguarding Framework (2016)
- Department of Human Services Restrictive Practices Guide (developed with sector representatives) (2017).
At the Disability Ministers’ Meeting on 24 July 2020, Ministers supported the national principles for restrictive practice authorisation (national principles) as a key milestone in the path to national consistency.
The proposed amendments to the Act create a streamlined legislative framework that provides greater protection and safeguards for NDIS participants who may be subject to the use of restrictive practices and for registered NDIS providers who administer them.
It also enables South Australia to comply with the national principles for restrictive practices authorisation.
The proposal is founded on and guided by the United Nations Convention on the Rights of Persons with Disabilities and its intent to protect their rights, freedoms and inherent dignity, the National Disability Strategy 2010-2020 and the National Disability Insurance Scheme Act 2013 and Rules.