NDIS Restrictive Practices Authorisation Scheme - Stage 1

Consultation has concluded

Have your say on the regulations and guidelines for the use of restrictive practices by NDIS providers for NDIS participants.

What's being decided?

The Disability Inclusion (Restrictive Practices – NDIS) Amendment Bill 2021 was passed on 11 May 2021. The bill creates a legislative framework for the use of restrictive practices by NDIS providers for NDIS participants. It establishes the new roles of the Senior Authorising Officer and the Authorised Program Officers, who have responsibility for reviewing and approving the use of restrictive practices.

The regulations and the guidelines will provide more detail about the authorisation scheme, including:

  • the skills and qualifications of the new roles
  • level 1 and level 2 restrictive practices
  • prohibited practices
  • the processes of applying, implementing, reviewing and reporting restrictive practices.

Your feedback will help us ensure that the regulations and guidelines are clear, simple and effective for NDIS participants and NDIS service providers.

Background

Restrictive practices are any intervention that restricts the rights or freedom of movement of a person with disabilities who displays behaviours of concern. The goal of the intervention is to protect that person or others from harm.

The bill consultation process demonstrated that there was strong community support to provide safeguards for people with disabilities, and to ensure that restrictive practices were only used as a last resort.

Read the Background paper - Regulations for more information.

Get involved

Read the final Consultation report on the bill and the Regulations discussion paper.

Have your say by:

What are the next steps?

Your feedback helps us to consider all the different perspectives and helps us to find the right balance to create a restrictive practices authorisation system that:

  • protects people with disabilities
  • is fair and accountable
  • is simple for people to understand and use
  • will reduce the use of restrictive practices.

The consultation will occur in 3 stages:

  1. Consultation on the regulations – June 2021
  2. Consultation on the guidelines – August and September 2021
  3. Consultation and feedback on the transition process – from November 2021.

The consultation reports will be available on this page at the end of each consultation stage. The legislation, regulation and guidelines will commence in 2022.

Have your say on the regulations and guidelines for the use of restrictive practices by NDIS providers for NDIS participants.

What's being decided?

The Disability Inclusion (Restrictive Practices – NDIS) Amendment Bill 2021 was passed on 11 May 2021. The bill creates a legislative framework for the use of restrictive practices by NDIS providers for NDIS participants. It establishes the new roles of the Senior Authorising Officer and the Authorised Program Officers, who have responsibility for reviewing and approving the use of restrictive practices.

The regulations and the guidelines will provide more detail about the authorisation scheme, including:

  • the skills and qualifications of the new roles
  • level 1 and level 2 restrictive practices
  • prohibited practices
  • the processes of applying, implementing, reviewing and reporting restrictive practices.

Your feedback will help us ensure that the regulations and guidelines are clear, simple and effective for NDIS participants and NDIS service providers.

Background

Restrictive practices are any intervention that restricts the rights or freedom of movement of a person with disabilities who displays behaviours of concern. The goal of the intervention is to protect that person or others from harm.

The bill consultation process demonstrated that there was strong community support to provide safeguards for people with disabilities, and to ensure that restrictive practices were only used as a last resort.

Read the Background paper - Regulations for more information.

Get involved

Read the final Consultation report on the bill and the Regulations discussion paper.

Have your say by:

What are the next steps?

Your feedback helps us to consider all the different perspectives and helps us to find the right balance to create a restrictive practices authorisation system that:

  • protects people with disabilities
  • is fair and accountable
  • is simple for people to understand and use
  • will reduce the use of restrictive practices.

The consultation will occur in 3 stages:

  1. Consultation on the regulations – June 2021
  2. Consultation on the guidelines – August and September 2021
  3. Consultation and feedback on the transition process – from November 2021.

The consultation reports will be available on this page at the end of each consultation stage. The legislation, regulation and guidelines will commence in 2022.

Consultation has concluded

If you have a question about the NDIS Restrictive Practices Authorisation Scheme regulations, please provide here and we will respond as soon as possible. 

  • Wil you consider adding Communicative Restrictive Practices? This is communicating with a deaf child or a child with some other disability that affects their communication. For example the Audio Verbal method of deaf education forces a deaf child to understands what is being said without allowing them to lipread or use other natural methods of communication such as sign language and gestures.

    CEx asked over 3 years ago

    Thank you for your question. The bill consultation indicated strong support for South Australia to be nationally consistent with the types of restrictive practices defined by Section 6 of the NDIS (Restrictive Practices and Behaviour Support) Rules 2018. The Rules do not include communicative restrictive practices. The definition of restrictive practices was finalised in the bill which was passed by the South Australia Parliament on 11 May 2021.

  • There is feedback that was previously given but hasn’t been put into the regulations. Why is this?

    JayJay asked over 3 years ago

    Thanks for your question. Every piece of feedback is important and is carefully considered. A piece of feedback may not have been incorporated into the regulations because:

    • There were many different views about the issue across the community
    • Regulations can only be provided where the Act allows it
    • The feedback is about something that will be addressed by the guidelines or other documents.


    Providing feedback helps us to consider all perspectives before making a balanced decision.