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

Why is it important?

The purpose of carefully regulating the use of restrictive practices is to reduce, and ultimately to eliminate, their use. Where there are certain types of restrictive practices whose use is never justified or necessary, the law should make it clear that use of these practices is prohibited.

What do our current laws say?

The Disability Services Act 2006 (DSA) does not prohibit any type of restrictive practices. However, the DSA only permits the use of restrictive practices if it is in response to the adult’s behaviour that causes harm to the adult or others, and does not allow the use of a restrictive practice in a punitive manner or in response to behaviour that does not cause harm to the adult or others. The use of any restrictive practices is therefore not permitted under the DSA unless the use is necessary to protect the person restrained or others from harm.

Other important information

NDIS (Restrictive Practices and Behaviour Support) Rules 2018 (Cth)

The Rules set out the conditions of registration that apply to all registered NDIS providers who use restrictive practices in the course of delivering NDIS supports. These conditions include requiring that restrictive practices not be used where the relevant state and territory prohibits such use.

Other jurisdictions

Most states and territories prohibit certain types of restrictive practices generally, as well as those prohibited just in relation to children or young people (under 18 years of age). For example, the following practices are prohibited in certain jurisdictions:

• aversion (any practice or action that may be experienced by a person as noxious, unpleasant or painful)
• overcorrection (any practice where the response to an event is disproportionate to the event itself)
• misuse of medication (where medication is administered to a person, contrary to the instructions of the prescriber, for the purpose of influencing the person's behaviour, mood or arousal levels)
• denial of key needs (any practice to prevent a person's access to basic needs or personal supports)
• use of prone or supine restraint (subduing a person by forcing them into a face-down or face-up position)
• basket holds (subduing a person by wrapping one's arm or arms around their upper and/or lower body)
• practices for the purpose of harassment or vilification or actions that are unethical, degrading or demeaning to a person or may be perceived by the person or the person's guardian as harassment or vilification
• practices or actions which limit or deny access or participation to community, culture and language, including the denial of access to interpreters, and
• in relation to a person under the age of 18 years – seclusion.