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

As the Minister for Disability Services, I am committed to ensuring that we have legislation in place to promote, protect and safeguard people with disability in Queensland.

As Queensland’s transition to the National Disability Insurance Scheme (NDIS) is now complete, it is important to consider what laws we need in place in Queensland to support the NDIS and reflect the state's new roles and responsibilities in relation to quality and safeguarding functions.

On 1 July 2019, the NDIS Quality and Safeguarding Framework commenced in Queensland. This Framework provides a nationally consistent approach to help empower and support NDIS participants to exercise choice and control, while ensuring appropriate safeguards are in place so providers and their staff deliver high-quality supports.

Many quality and safeguarding functions have transitioned to the NDIS Quality and Safeguards Commission (the NDIS Commission) as part of Queensland’s transition to the NDIS. However, Queensland remains responsible for discrete quality and safeguarding functions, including authorisation of the use of restrictive practices, operation of a community visitor program and worker screening.

One of the NDIS Commission’s behaviour support functions is to assist states and territories to develop a regulatory framework, including nationally consistent minimum standards, in relation to restrictive practices. The objective of this is to deliver better outcomes for people with disability, including in the reduction and elimination of the use of restrictive practices.

Australia’s Disability Ministers have agreed to progress that work on the basis of draft principles for nationally consistent restrictive practice authorisation processes (draft national principles). I am committed to working through what the national principles could mean for Queensland in close consultation with affected persons, their families and providers. Queensland has agreed in-principle to the national principles.

Queensland has a well-established positive behaviour support and restrictive practices framework for adults with an intellectual or cognitive disability receiving disability services or supports funded or provided by the Department of Seniors and Disability Services and Aboriginal and Torres Strait Islander Partnerships (DS) or the NDIS. Implementation of the national principles in Queensland could involve significant changes to this existing framework. 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.

I welcome your participation and feedback to ensure our legislation continues to meet the needs of Queenslanders with disability, and their families and carers, both now and into the future.