Proposed amendments

The proposed amendments below are availabe as a Fact Sheet PDF download.

Disability Inclusion (Restrictive Practices-NDIS) Amendment Bill 2020

We are introducing amendments to the Disability Inclusion Act 2018 to provide clarity to people with disability and the sector about restrictive practices. These amendments are included in the Draft Disability Inclusion (Restrictive Practices-NDIS) Amendment Bill 2020.

Further background information is outlined in the Discussion Paper and Frequently asked questions (FAQ).

Key elements of the Disability Inclusion (Restrictive Practices-NDIS) Amendment Bill

These amendments apply to a registered NDIS provider who uses, or is likely to use, restrictive practices in the course of delivering NDIS supports or services to an NDIS participant (including children).

A restrictive practice is defined as seclusion, chemical restraint, mechanical restraint, physical restraint and environmental restraint. This is consistent with the definitions in the National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 (the NDIS Rules).

A Senior Authorising Officer is also provided for in the Bill, and this person will be required to have significant clinical skills and experience.

The role of the Senior Authorising Officer is to:

  • oversee the training and accreditation of Authorising Program Officers within a registered NDIS provider
  • monitor the use and authorisation of restrictive practices and the accompanying behaviour support plans
  • approve the use of higher-level/higher-risk restrictive practices
  • provide for the revocation, or variance of, certain restrictive practices authorised.
  • lead the development of the restrictive practices guidelines and keep them updated
  • provide education and training relating to the use of restrictive practices to the sector. 

The Bill aims to provide the strongest safeguards for NDIS participants and will help ensure any restrictive intervention, consistent with the NDIS Rules, is only used:

  • as a last resort, and
  • when there is a risk of harm to the person or others, and
  • if the use is the least restrictive way of ensuring the safety of the person or others, for the shortest amount of time, and
  • is proportionate to the potential negative consequence, and
  • the use is in accordance with a NDIS behaviour support plan, and
  • its use is not prohibited.

The new authorisation process will enable an experienced and trained Officer within a registered NDIS provider (Authorised Program Officers) with requisite skills to authorise certain use of low-level/less intrusive restrictive practices, taking into account principles including those outlined above.

A Senior Authorising Officer or delegate will approve the use of higher-level/higher-risk restrictive practices and monitor the authorisation of lower-level practices by an Authorised Program Officer.

A key component of the authorisation process will be the consideration of an NDIS behaviour support plan and strategies that have been included in the plan to achieve the reduction and elimination of restrictive practices.

The Bill enables the capture and recording of the authorisation of restrictive practices information and necessary information gathering and sharing provisions.

It also includes the provision of the review of decisions through the Senior Authorising Officer or the South Australian Civil and Administrative Tribunal (SACAT).

Upcoming key dates

Fri, 29 Jan 2021 at 5:00 PM

CLOSING DATE: New rules about restrictive practices in South Australia

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