People with disability, their families and carers

People with disability have the same rights as all people to:

• equality before the law and equal protection under the law
• live free from abuse, neglect and exploitation
• have respect for their culture, individual worth and dignity
• determine their own best interests and exercise choice and control
• access the support they need to make decisions and communicate their needs and choices.

What is a restrictive practice?

A restrictive practice is any type of support or intervention that has the effect of restricting the rights or freedom of movement of a person with disability. There are five types of restrictive practices that can be used under certain circumstances. These are termed regulated restrictive practices and their use by a Service Provider needs to be authorised according to the Authorisation of Restrictive Practices in Funded Disability Services Policy (the Policy) and requires ongoing monitoring and reporting to the NDIS Quality and Safeguards Commission (NDIS Commission).

What is positive behaviour support?

It is essential that in the context of behaviour that is challenging, people with disability have access to effective person-centred positive behaviour support, with restrictive practices only occurring as a last resort where they are proportionate and necessary to protect the rights or safety of the person and/or others.

Positive behaviour support is an evidenced based framework consisting of four main elements:

1. Developing an understanding about why challenging behaviours occur by assessing the impact of the social and physical environment and broader context on the person.
2. Involving stakeholders and capturing their perspectives.
3. Using the understanding from assessment to implement and evaluate a person-centred sustainable support system around the person.
4. Focusing on enhancing quality of life outcomes for the person and those around them.

Families, carers and other significant persons with whom people with disability choose to share their life are pivotal in the positive behaviour support process.

What is a Behaviour Support Plan?

A Behaviour Support Plan (BSP) captures information about a person and how to support their needs to improve a person’s quality of life. It provides details of any restrictive practices that may be used.

Who can develop a Behaviour Support Plan?

Under the Policy, NDIS Behaviour Support Practitioners are required to develop a BSP. Under the NDIS Commission Positive Behaviour Support Capability Framework (2019), and the Policy, NDIS Behaviour Support Practitioners are required to practice consistently with the guiding principles of positive behaviour support in the provision of behaviour support services.

What is required for authorisation of restrictive practices?

For a restrictive practice to be authorised it requires:

1. A Behaviour Support Plan (BSP) developed by an NDIS Behaviour Support Practitioner
2. Approval through a Quality Assurance Panel process

The Quality Assurance Panel (Panel) makes a decision to either approve or not approve a restrictive practice.

The Panel must have at least two decision making members:

1. A senior manager or delegate of the Implementing Provider
2. An independent NDIS Behaviour Support Practitioner (who is external to the Implementing Provider and who did not write the BSP).

Family members and/or other relevant people, including the NDIS Behaviour Support Practitioner who wrote the BSP, may be invited to participate in the panel discussion, however they are not part of the decision to approve or not approve the restrictive practice.

The Panel’s approval to use a regulated restrictive practice must:

• be supported by all decision-making Panel members.
• specify the length of time for which the authorisation applies, where the authorisation expiry must: not exceed 12 months. A shorter period may be deemed appropriate in many circumstances.
• be no later than the expiry date of the BSP.
• be recorded in the Outcome Summary Report signed by decision-making Panel members.

Do families need to authorise restrictive practices?

Families do not require authorisation for a restrictive practice they themselves use with their family member.

General considerations when using restrictive practices:

• Positive outcomes and quality of life improvements for people with disability must be central in making decisions.
• People with disability are presumed to have capacity to make decisions, unless proven otherwise for a specific decision at a specific time.
• All people have the right to live and work in a safe environment and have access to the community.

For more information, refer to the documents listed under 'individuals and families' on the restrictive practices resources.

Raising a concern

If any person has a concern or enquiry about any part of the authorisation process, the person may raise the matter with:

• their Implementing Provider (recommended in the first instance)
• Authorisation of restrictive practice team – by telephone on (08) 6217 6888 or email at arp@communities.wa.gov.au.

Advocates, guardians and/or a representative can support individuals throughout this process.