Reforming Queensland’s authorisation framework for the use of restrictive practices in NDIS and disability service settings

This public consulation closed at 5pm 31 January 2022.

Please forward any queries to the consultation team at restrictivepracticesreview@dsdsatsip.qld.gov.au.

For more information about the Restrictive Practices Review, visit the Department of Child Safety, Seniors and Disability Services website.

**Options for reshaping part 6 of the Disability Services Act 2006.**

The Queensland Government is working to determine how Queensland’s authorisation framework for the use of restrictive practices could better align with the new roles and responsibilities under the NDIS Quality and Safeguarding Framework and national principles.

Public consultation

There has been considerable work carried out to date, including an independent review of the current authorisation framework and a Ministerial review. To ensure our approach takes into account the needs and wishes of people with disability and their families and advocates, we want you to contribute to the Queensland Government’s consideration of the future design of Queensland’s authorisation framework.

What are we consulting on?

This consultation asks for your feedback on how particular aspects of Queensland’s authorisation framework in relation to NDIS participants could be designed. The ideas for reform are ideas only at this stage, and your input will help shape the future design of Queensland’s authorisation framework.

Have your say

To ensure that we take into account your needs and wishes, we are inviting you to comment on the work we are doing in consideration of the future design of Queensland’s authorisation framework. We have provided a variety of ways for you to have your say and share your views. It is very important that your views inform the ongoing consideration of how Queensland’s authorisation framework can deliver better outcomes for people with disability.

This consultation is guided by the consultation paper outlining the issues, potential considerations and proposed ideas for reform. Click the buttons below to access the consultation paper.

Consultation Paper

Easy Read - Consultation Paper

Easy Read - Questions about the framework

How to provide comment

You must be registered on this site to provide comments on any aspect of this consultation. If you are not registered, please register here.

You can provide feedback, comments, or ideas on how Queensland’s authorisation framework for the use of restrictive practices could better align with the new roles and responsibilities under the NDIS Quality and Safeguarding Framework and national principles in a variety of ways. Using the buttons below you can:

Respond to the consultation paper in one survey.
Consider the ideas for reform individually and comment on those that are of particular interest to you.
Lodge a written submission guided by the consultation paper.
Participate in an online forum where you can engage and provide comments in a group setting.

Additionally, if you would like assistance to participate in this consultation, please contact us on restrictivepracticesreview@dsdsatsip.qld.gov.au

Complete survey

Comment on ideas for reform

Lodge a written submission

Attend an online forum

Do you need assistance to provide feedback, or do you have further queries?

If you would like to assistance to provide your comments, or you have any questions, please contact our team directly on restrictivepracticesreview@dsdsatsip.qld.gov.au

Consultation Closed

Message from the Minister

I encourage you to share your views as it is very important to ensure your views inform the Government’s ongoing consideration of how Queensland’s authorisation framework can deliver better outcomes for people with disability.

The context of this consultation

This consultation is about possible options for reshaping part 6 of the DSA, which provides an authorising framework for the use of restrictive practices in NDIS and disability service settings. Consideration of the use of any restrictive practices in other service settings (for example, health facilities, residential aged care facilities, schools, early childhood education services, or the Forensic Disability Service) is out of scope.

Draft national principles

While states and territories remain responsible for authorisation of the use of restrictive practices under the NDIS, one of the NDIS Commission’s statutory functions is to assist states and territories to develop a regulatory framework, including in relation to nationally consistent minimum standards for restrictive practices. All governments Australia-wide have recognised that national consistency will deliver better outcomes for people with disability.

Ideas for reform

Your feedback is sought on a number of ideas for reform.

New roles and responsibilities under the NDIS

Queensland has a well-established framework for the authorisation of restrictive practices for adults with an intellectual or cognitive disability, based on a guardianship model. This framework applies where an individual is receiving supports under the NDIS or receiving disability services provided or funded by the Queensland Government.

Attend an online forum

Queensland Government’s role in preparing positive behaviour support plans

DS’s functions to conduct multidisciplinary assessments and develop and change positive behaviour support plans which include containment or seclusion (part 6, division 3, subdivisions 2 and 3) was subject to the Ministerial review.

Locking gates, doors and windows in response to a skills deficit

Application of the provisions in relation to the locking of gates, doors or windows for adults with skills deficit (section 216 and part 8, division 2) was subject to the Ministerial review.

Technical changes

The application of provisions in relation to complaints about the delivery of disability services by particular service providers (section 32A and part 3 of the DSA), and the positive behaviour support and restrictive practices framework (section 140 and part 6 of the DSA) were both subject to the Ministerial review.

View All