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 practice that can be used under certain conditions. These are called regulated restrictive practices. A Service Provider needs to authorise a regulated restrictive practice according to the Authorisation of Restrictive Practices in Funded Disability Services Policy (the Policy). Restrictive practice use requires ongoing monitoring and reporting to the NDIS Quality and Safeguards Commission (NDIS Commission).

What is positive behaviour support?

Positive Behaviour Support (PBS) enables a person to live their vision of a good life, by the people around them understanding their behaviour, meeting their needs and providing the right supports to keep everyone safe from harm. 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 important people with whom a person with disability chooses to share their life, are key in the positive behaviour support approach.

Effective positive behaviour support helps protect the human rights and wellbeing of people with disability and reduces the use of restrictive practices.

What is a Behaviour Support Plan?

A Behaviour Support Plan (BSP) documents information about a person and how to support their needs and preferences to improve their quality of life. It must include 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 using the guiding principles of positive behaviour support to provide behaviour support services.

What is required for authorisation of restrictive practices?

Authorisation of a restrictive practice requires:

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

The QA Panel makes a decision to either approve or not approve a restrictive practice.

The QA Panel must have at least two decision making members:

1. A senior manager or delegate of the Implementing Provider
2. An Independent External NDIS Behaviour Support Practitioner (who is external to the Implementing Provider and 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 QA Panel meeting, however they are not part of the decision to approve or not approve the restrictive practice.

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

• be supported by all decision-making QA Panel members.
• specify the length of time that the authorisation applies, where the authorisation expiry must be:
  • a maximum of 12 months, but a shorter period may be appropriate in many situations.
  • no later than the expiry date of the BSP.
  • recorded in the QA Panel Outcome Summary Report and signed by all decision-making QA 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 for using restrictive practices:

• People with disability must be central in decision making to ensure positive outcomes and quality of life improvements.
• 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.

Family considerations for using restrictive practices:

• All restrictive practices, being used and proposed must be documented in a BSP, this includes restrictive practices that are not regulated, as they are outside the scope of the Authorisation of Restrictive Practices Policy.
• Family members play an important role in making sure the person with disability is safe and supported well.
• Sometimes a restrictive practice might be used and when this happens, it is important that everyone works together to:
  • ensure the restrictive practice is used appropriately and safely
  • develop the BSP
  • develop a plan to reduce the use of restrictive practices.
• When a provider uses a restrictive practice in the family home,  authorisation will be required, as this is in scope of the Authorisation of Restrictive Practices Policy.
   

Raising a concern or enquiry

Any person that has a concern or enquiry about any part of the Authorisation of Restrictive Practices process in WA, may contact:

• their Implementing Provider (in the first instance)
• the Behaviour Support Consultancy Team – by telephone on (08) 6217 6888 or email at arp@communities.wa.gov.au

Advocates, guardians and/or a representative can support people with this process.

Information Sheets

Information for families on restrictive practices (PDF, 165.64KB)

Information for families on chemical restraint (PDF, 157.74KB)

Authorisation of Restrictive Practices - Summary document (Easy read) (PDF, 1.11MB)