Provider and practitioner responsibilities

Under the NDIS Quality and Safeguarding Framework, states and territories are responsible for the authorisation of restrictive practices used by registered NDIS providers and NDIS Behaviour Support Practitioners.
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In Western Australia, the Department of Communities is responsible for establishing the authorisation of restrictive practices process.

NDIS-funded Implementing Provider responsibilities

  • Implement the Policy, including developing and following relevant policies and procedures including those that govern the operations of Quality Assurance Panels.
  • Explore and apply other evidence-based, person-centred and proactive strategies for supporting a person with disability before considering a restrictive practice.
  • Use strategies to facilitate supported decision making so people with disability are assisted to communicate their needs and choices.
  • Engage and collaborate with the person with disability, behaviour support practitioner and other key stakeholders to develop an understanding of the person’s needs, as well as the needs of those who support the person in the development of the Behaviour Support Plan (BSP) and work to reduce and eliminate the use of restrictive practices.
  • Ensure the NDIS reporting requirements for notification of authorisation are met.
  • Identify and manage perceived, potential and actual conflicts of interest related to authorisation of restrictive practices.
  • Convene or attend Quality Assurance Panels to approve or not approve regulated restrictive practices described in a BSP.
  • Appoint a chair and arrange for an independent external NDIS Behaviour Support Practitioner to attend the Quality Assurance Panel.
  • Arrange administrative support for the Quality Assurance Panel.
  • Support participants to make and resolve complaints.
  • Ensure an appropriate medical and/or allied health assessment is undertaken to determine when a device or practice is being used for therapeutic purposes and ensure clear instructions are in place regarding the use of such devices or practices.

NDIS-funded Behaviour Support Practitioner responsibilities

  • Meet the suitability requirements against the NDIS Positive Behaviour Support Capability Framework and complete the assessment process with the NDIS Commission to confirm suitability.
  • Comply with the Policy, including completion of BSPs in accordance with the Policy and Procedure Guidelines requirements.
  • Engage and collaborate with the person with disability, implementing provider and other key stakeholders to develop an understanding of the person’s needs, as well as the needs of those who support the person in the development of the Behaviour Support Plan (BSP) and work to reduce and eliminate the use of restrictive practices.
  • Ensure any restrictive practice(s) are clearly identified in the BSP.
  • Ensure any restrictive practice(s) are only used in response to a behaviour of concern, where that behaviour poses a risk of harm to the person with disability and/or others.
  • Ensure the BSP addresses each of the principles for the use of restrictive practices from the Procedure Guidelines.
  • Include (or refer to) an elimination and reduction plan in the BSP which outlines the steps to reduce and eliminate the use of restrictive practice(s) over time.
  • Act as an independent external NDIS Behaviour Support Practitioner on Quality Assurance Panels convened by Implementing Providers (optional).
  • Independent external practitioners must:
    • act in an impartial way and make decisions based on the objective evidence and information available to support the decision at the time.
    • identify and manage perceived, potential and actual conflicts of interest related to authorisation of restrictive practices.
    • contribute relevant expertise and knowledge to support the Quality Assurance Panel process.

State-funded disability provider responsibilities

  • Implement the Policy, including developing and following relevant policies and procedures including those that govern the operations of Quality Assurance Panels.
  • Explore and apply other evidence-based, person-centred and proactive strategies for supporting a person with disability before considering a restrictive practice.
  • Use strategies to facilitate supported decision making so people with disability are assisted to communicate their needs and choices.
  • Engage and collaborate with the person with disability, behaviour support practitioner and other key stakeholders to develop an understanding of the person’s needs, as well as the needs of those who support the person in the development of the Behaviour Support Plan (BSP) and work to reduce and eliminate the use of restrictive practices.
  • Report any unauthorised use of restrictive practice to the Department of Communities.
  • Identify and manage perceived, potential and actual conflicts of interest related to authorisation of restrictive practices.
  • Convene or attend Quality Assurance Panels to approve or not approve regulated restrictive practices described in a BSP.
  • Appoint a chair and arrange for an independent external NDIS Behaviour Support Practitioner to attend the Quality Assurance Panel.
  • Arrange administrative support for the Quality Assurance Panel.
  • Support participants to make and resolve complaints.
  • Ensure an appropriate medical and/or allied health assessment is undertaken to determine when a device or practice is being used for therapeutic purposes and ensure clear instructions are in place regarding the use of such devices or practices.
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