Document ID: chunk:federal_register_of_legislation:F2023C00205:body:0:p2
Version: federal_register_of_legislation:F2023C00205
Segment Type: other
Provision Reference: 
Character Range: 2879–5988

Scheme (Restrictive Practices and Behaviour Support) Rules 2018 (Behaviour Support Rules). They also describe what the Commissioner will generally take into account in considering whether a person is an 'NDIS behaviour support practitioner'.

The Behaviour Support Rules (section 5) define an 'NDIS behaviour support practitioner' as 'a person the Commissioner considers suitable to undertake behaviour support assessments (including functional behavioural assessments) and to develop behaviour support plans that may contain the use of restrictive practices'.

A person's status as an NDIS behaviour support practitioner is particularly important in the context of rules that apply to a provider of specialist behaviour support services to an NDIS participant under the National Disability Insurance Scheme Act 2013 (NDIS Act). Put broadly, the rules require certain aspects of those services to be performed only by an 'NDIS behaviour support practitioner' (who may be the registered provider or someone engaged by the provider). These requirements are described below.

If the specialist behaviour support services will include:
    (a)    undertaking a behaviour support assessment (including a functional behavioural assessment) of the participant; or
    (b)   developing a behaviour support plan for the participant,
they can be provided to an NDIS participant only by a provider who is registered by the Commissioner under section 73E of the NDIS Act to provide specialist behaviour support services.

That is the combined effect of section 73B of the NDIS Act and sections 6 and 7 of the National Disability Scheme (Provider Registration and Practice Standards) Rules 2018 (Provider Registration Rules).
A registered provider of specialist behaviour support services must comply with the conditions of their registration, including conditions imposed by rules under section 73H of the NDIS Act. Some of those conditions are in the Behaviour Support Rules. Importantly in this context, they include conditions that require the following things to be done only by an 'NDIS behaviour support practitioner':

            Provision of specialist behaviour support services (section 17 of the Rules)

            Development of a behaviour support plan that contains a regulated restrictive practice (section 18 of the Rules)

            Review of a comprehensive behaviour support plan that contains a regulated restrictive practice (section 22 of the Rules).
A person's status as an 'NDIS behaviour support practitioner' is also relevant to a provider's application to be registered by the Commissioner to provide specialist behaviour support services. In order to be registered, the provider must (among other things) have been assessed by an approved quality auditor as meeting the applicable standards and other requirements prescribed by the NDIS Practice Standards, most of which are in the Provider Registration Rules. Once registered the provider must then be able to demonstrate ongoing compliance with those standards.
The National Disability Insurance Scheme (Quality Indicators) Guidelines