Document ID: chunk:federal_register_of_legislation:F2024C00566:reg:39
Version: federal_register_of_legislation:F2024C00566
Segment Type: reg
Provision Reference: reg 39
Character Range: 70385–73115

39  Restrictive Practices

Outcome: Each participant is only subject to a restrictive practice that meets any state and territory authorisation (however described) requirements and the relevant requirements and safeguards outlined in Commonwealth legislation and policy.

         To achieve this outcome, the following indicators should be demonstrated:
           (1) Knowledge and understanding of regulated restrictive practices as described in the National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 and knowledge and understanding of any relevant state or territory legislation and/or policy requirements and processes for obtaining authorisation  (however described) for the use of any restrictive practices included in a behaviour support plan.
           (2) Each Behaviour Support Practitioner undertakes professional development to maintain an understanding of practices considered restrictive and the risks associated with those practices.
           (3) Each participant and, with the participant's consent, their support network, providers implementing behaviour support plans, and other relevant stakeholders are engaged in discussions about the need for restrictive practices and they understand the risks associated with their use. Alternatives to the use of restrictive practices are promoted as part of these discussions.
           (4) Each participant and, with the participant's consent, their support network, their providers implementing behaviour support plans and other relevant stakeholders are engaged in the development of behaviour support strategies that are proportionate to the risk of harm to the participant or others.
           (5) Restrictive practices are only included in a participant's behaviour support plan in accordance with relevant Commonwealth legislation and/or policy requirements and relevant state or territory legislation and/or policy requirements for obtaining authorisation  (however described) for the use of any restrictive practices.
           (6) Regulated restrictive practices in behaviour support plans comply with the conditions prescribed in the National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018.
           (7) Each participant's behaviour support plan or interim behaviour support plan includes strategies that will lead to the reduction and elimination of any restrictive practices included in the plan.
           (8) Support is provided to other providers implementing a behaviour support plan , in delivering services, implementing strategies in the plan  and evaluating the effectiveness of current approaches aimed at reducing and eliminating restrictive practices.