Decision making for authorisation

Making good decisions is essential to the success of the Restrictive Practices Authorisation scheme. In the scheme, only two roles can authorise the use of restrictive practices:

• authorised program officers (APOs)
• senior authorising officer in the Department of Human Services.

The APO and senior authorising officer must follow legal requirements when they make decisions to authorise restrictive practices. The Statement of Reasons  (74.6 KB DOCX) helps APOs document how they make these decisions.

Factors to be considered  in authorising decision making

Restrictive practices can only be used:

• in limited circumstances
• as a last resort
• in the least restrictive way
• for the shortest period possible.

Restrictive practices can’t be used:

• as a punishment
• in response to staff shortages.

NDIS implementing providers need to ask for authorisation to use restrictive practices.

APOs and the senior authorising officer can only authorise restrictive practices when:

• a person is showing behaviours of concern that causes a risk of harm to themself or other people
• the restrictive practice is needed to prevent more harm
• the person has a Behaviour Support Plan to help them change the behaviour
• the person and their family have been involved in developing the Behaviour Support Plan.

Behaviour can cause a risk of harm when it:

• hurts another person, for example hitting, punching or pushing another person
• hurts the person, for example, head banging or cutting themselves
• damages property, for example breaking objects or furniture, damaging the home
• can spread illnesses, for example, spitting or smearing blood, urine or faeces.

Not all behaviours of concern need a restrictive practice. Ways to support a person who is showing behaviours of concern include:

• Preventative supports:
  • helping a person to be involved in enjoyable activities
  • involving people in making decisions about their life
  • helping people to see family, friends and meet new people
  • making sure people have clear routines
  • teaching skills and providing opportunities for practicing.
• Early intervention (when people show signs that they need help):
  • ask how you can help them and what they need
  • do problem solving together
  • remove blockages or triggers (for example managing sensory stimulation)
  • focus on effort and offer praise
  • provide prompts or cues
  • do an enjoyable activity together
  • offer connection and care.
• Responding when someone is showing a behaviour of concern:
  • redirecting them to another activity
  • giving people options about what they can do
  • change communication strategies (for example, clear and calm direction)
  • utilise people who are trusted and known to the individual
  • explain what is going to happen and why, and using plain language
  • show concern, warmth and empathy
  • provide them with an ‘escape’ option.

Restrictive practices should only be authorised when these supports aren’t enough to prevent the person or other people from being harmed.

Behaviour support plans help people to:

• know what behaviours are happening
• understand why the behaviours are happening
• have a clear plan about how to help the person to change the behaviour
• make sure everyone knows who is doing what.

A behaviour support plan that includes a restrictive practice must:

• be developed by a Behaviour Support Practitioner registered with the NDIS Commission
• be lodged with the NDIS Commission
• follow the rules set by the NDIS Commission
• have obtained authorisation for the use of regulated restrictive practices.

More about behaviour support plans:

• Submitting behaviour support plans and reports
• Behaviour support and restrictive practices.

Behaviour support plans must be developed in consultation with the person and their care team.

Some decisions in the Restrictive Practices Authorisation scheme can be appealed. This means there is a formal process for another person who has not been involved in the decision to review it.

Read more about appeals.