Regulated restrictive practices are defined in law and subject to regulation. The laws set out:
- what regulated restrictive practices are
- who can authorise them
- when they can be authorised
- what practices are not allowed to be used.
Types of regulated restrictive practices
Environmental restraint
General definition
Limiting a person’s access to their environment, including items and activities and places.
Legal definition
A restraint that restricts a person’s free access to all parts of their environment, including items or activities – Section 6 (e) NDIS (Restrictive Practices and Behaviour Support) Rules 2018.
Exception
Preventing access by a person with disability to an area that individuals are ordinarily not permitted to enter – Regulation 4 (3) and 5 (3) Disability Inclusion (Restrictive Practices – NDIS) Regulations 2021.
Exceptions include:
- Staff rooms in disability accommodation premises where staff may undertake office work, sleep, store their personal belongings or confidential client files.
- The private rooms of other clients in shared accommodation.
Mechanical restraint
General definition
Using a device to prevent or limit a person’s movement because of their behaviour.
Legal definition
The use of a device to prevent, restrict, or subdue a person’s movement for the primary purpose of influencing a person’s behavior – Section 6(c) NDIS (Restrictive Practices and Behaviour Support) Rules 2018.
Examples
Examples of restraints include:
- restrictive clothing (such as onesies, overalls, bodysuits, gloves)
- helmets
- splints.
Chemical restraint
General definition
Giving someone medication to change their behaviour when it is not needed for a medical condition.
Legal definition
The use of medication or chemical substances for the primary purpose of influencing a person’s behaviour. It does not include the use of medication prescribed by a medical practitioner for the treatment of, or to enable treatment of, a diagnosed mental disorder, a physical illness or a physical condition – Section 6 (b) NDIS (Restrictive Practices and Behaviour Support) Rules 2018.
Physical restraint
General definition
Using force to hold a person’s body or part of their body to limit their movement.
Legal definition
The use or action of physical force to prevent, restrict or subdue movement of a person’s body, or part of their body, for the primary purpose of influencing their behaviour. Physical restraint does not include the use of a hands-on technique in a reflexive way to guide or redirect a person away from potential harm or injury, consistent with what could reasonably be considered the exercise of care towards a person - Section 6 (d) NDIS (Restrictive Practices and Behaviour Support) Rules 2018.
Seclusion
General definition
Keeping a person in a room or space by themselves where they can’t leave, or believe they can’t leave.
Commonwealth legal definition
Sole confinement of a person with disability in a room or a physical space at any hour of the day or night where the voluntary exit is prevented, or not facilitated, or it is implied that voluntary exit is not permitted – Section 6 (a) NDIS (Restrictive Practices and Behaviour Support) Rules 2018.
State legal definition
In South Australia, the Regulations add to the above Commonwealth legal definition.
Conditions under the Regulations:
- the period of seclusion can’t be longer than two hours
- may only happen in an emergency, where it is necessary to prevent serious harm to the person or others
- is for the purpose of de-escalation or self-regulation.
Using regulated restrictive practices
Only registered NDIS service providers can use regulated restrictive practices, in limited circumstances, as a last resort and when authorised.
Rules and guidelines for using restrictive practices
The Restrictive Practices Authorisation scheme is regulated by national and state laws. NDIS service providers must follow these rules and other guidelines as a condition of their NDIS registration.
National
The NDIS Commission has content that covers regulated restrictive practices requirements for NDIS providers.
Read:
- National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018
- Regulated Restrictive Practices Guide - NDIS Quality and Safeguards Commission.
State
Read:
Related information
Other websites
NDIS Quality and Safeguards Commission
