Authorising and endorsing restrictive practices

Under the Restrictive Practices Authorisation scheme, authorising decisions are made by:

• authorised program officers (APO)
• the senior authorising officer in the Restrictive Practices Unit.

APOs can undertake the role where they have:

• been approved by the senior authorising officer
• employed by a registered NDIS service.

What types of decisions can be made

The APO and senior authorising officer are the only people who can make a restrictive practice authorisation decision. They must follow legal requirements when deciding to authorise or endorse a regulated restrictive practice.

APOs may make an:

• authorising decision on Level 1 regulated restrictive practices
• an endorsement decision on Level 2 regulated restrictive practice, and forward to the senior authorising officer for an authorising decision.

Endorsement of Level 2

Endorsement means that the APO agrees that the restrictive practice is needed and the legal requirements have been met. An endorsement decision made by an APO must use the same legal and practice framework used for Level 1 authorisation. This decision will be reviewed by the senior authorising officer when assessing the Level 2 application.

An APO must only authorise or endorse regulated restrictive practices as defined by the NDIS (Restrictive Practices and Behaviour Support) Rules 2018.

The 5 types of regulated restrictive practices are:

• environmental
• mechanical
• chemical
• physical
• seclusion.

Prohibited practices

The Disability Inclusion (Restrictive Practices – NDIS) Regulations 2021 states the kinds of restrictive practices which must not be used under any circumstances.

These include:

• certain physical restrictive practices that have a high risk of injury and death
• use of a restrictive practice as a form of punishment
• practices that cause pain, distress, and noxious and unpleasant experiences
• removal of pleasant and desirable experiences and activities such as social and recreational activities
• withholding of basic needs, such as access to food, water, culture, relationships
• exclusionary behaviour, such as ignoring, excluding, or rejecting a person in social or personal interactions.

The behaviour support planning process is used to clarify the:

• safety concerns that may result in a restrictive practice being used
• the purpose of restrictive practices.

The Statement of Reasons (74.6 KB DOCX) is a resource APOs can use to help them:

• meet legal requirements when making authorising and endorsement decisions
• support decision making, aligned with the Restrictive Practice Guidelines
• document the steps taken, and considerations made, when deciding.

People with disability are entitled to contribute to decisions about their care to the greatest extent possible at every stage of decision making. This includes:

• providing input into decisions about authorisation of restrictive practices
• having their views considered and documented
• involving family and other relevant people.

A person with disability may wish to speak with the senior authorising officer about a Level 2 restrictive practice. This should be conveyed by the APO in the application for authorisation.

The guardians and family of people with disability also provide input into decisions.

In most circumstances the APO will make Level 1 authorising decisions and Level 2 endorsement decisions.

However, it is recommended that the APO refer decisions to the senior authorising officer in the following circumstances:

• Dispute and non-consent
  • the legal guardian does not consent to the restrictive practice
  • a competent young person under the custody or guardianship of the Chief Executive, DCP makes an informed decision not to consent to the restrictive practice
  • where the legal guardians are in dispute about the restrictive practice.
• Actual or perceived conflict of interest
  • the APO has been directly involved in behaviour support planning and/or service delivery to the NDIS participant
  • the APO has a personal relationship with the NDIS participant that may give rise to an actual or perceived conflict of interest.

All decisions by the APO and senior authorising officer are recorded on the restrictive practice system.

Guardians and families

Guardians and families play an important part in decision-making about restrictive practice and their authorisation. This is because families and guardians understand a person’s needs and can assist in creating strategies to meet those needs.

A legal guardian or family member can’t:

• authorise the use of a regulated restrictive practice
• direct an NDIS service provider to use a regulated restrictive practice.

NDIS service providers must obtain authorisation to use a regulated restrictive practice for NDIS participants who are:

• children
• young people
• adults.

These decisions can only be obtained from the:

• authorised program officer (APO)
• senior authorising officer.

NDIS service providers must report unauthorised restrictive practices to the NDIS Quality and Safeguarding Commission. Legal guardians, carers, family members and other relevant people are important when developing a shared understanding of:

• behaviour
• the needs the behaviour is communicating
• supports required to meet those needs in a positive way.

When developing a behaviour support plan, an APO must have evidence that the behaviour support practitioner took reasonable steps to consult about a behaviour support plan that includes regulated restrictive practices.

This includes discussions with the person with disability and their:

• legal guardian
• carer
• family
• informal support network
• formal services and supports.

Read more about the legal requirements for behaviour support plans that include regulated restrictive practices on the NDIS Quality and Safeguards Commission website.

People with a disability, their legal guardians, family members and other relevant people:

• should be asked if there’s information they would like the APO or senior authorising officer to know in making the authorisation decision
• can contact the Restrictive Practices Unit to discuss restrictive practices that must be authorised by the senior authorising officer.

The APO and senior authorising officer must consider the informed consent (or refusal to provide informed consent) of a legal guardian but can authorise without consent from the legal guardian.

APOs should refer authorisation decisions to the senior authorising officer where there is non-consent or dispute about a restrictive practice. This can happen when:

• the legal guardian appointed under law (such as the Public Advocate, or Department for Child Protection (DCP) case manager) does not consent to the restrictive practice
• a competent young person under the custody or guardianship of the Chief Executive, DCP makes an informed decision not to consent to the restrictive practice
• the legal guardians disagree about the restrictive practice.

Find out how a legal guardian, carer or family member may appeal an authorising decision.