Research into restrictive practices and compulsory treatment

Read the Service guidelines for Supported Independent Living (PDF).

To receive this publication in another format email the Victorian Senior Practitioner VictorianSeniorPractitioner@dffh.vic.gov.au.

About the Service Guidelines for Supported Independent Living

Who these guidelines are for

People with disability using Supported Independent Living (SIL) supports have the same rights as all people to:

• live a fulfilling, valued life
• be treated with dignity and respect. 

The guidelines are for all staff working in Supported Independent Living settings. This includes direct support staff and those in management roles. The guidelines describe staff as 'SIL providers'. 

The guidelines outline the support that SIL providers are expected to provide. They emphasise the importance of human rights and of a person-centred approach. The guidelines note that SIL providers:

• are responsible for understanding their legal obligations
• must continue to comply with all relevant requirements and practice standards set by the NDIS Quality and Safeguards Commission. The NDIS Quality and Safeguards Commission is the national regulator for NDIS providers and workers.

These guidelines also:

• offer additional guidance to support high-quality, rights-based service provision
• do not replace any obligations under the NDIS Commission standards. For example, the Restrictive Practice and Behaviour Support Rules, 2018.

Who these guidelines are about

People with disability, like all people, are diverse. They have unique needs, preferences, and strengths. This diversity extends to their cultural backgrounds and a range of intersecting identities. These guidelines are about adults with disability who use NDIS-funded SIL supports. 

How the guidelines were developed

The Department of Families Fairness and Housing funded Flinders University to write these guidelines. The guidelines were co-designed with:

• people with lived experience using SIL providers
• family members of people using SIL providers
• managers
• team leaders, and
• direct support staff.

What the Service Guidelines for Supported Independent Living say

These guidelines outline fundamental supports as a minimum expectation. They are underpinned by universal human rights principles. These principles include equality and non-discrimination. They emphasise the importance of a person-centred approach. The guidelines emphasise that supports and strategies must:

• be tailored to each person’s unique circumstances
• respect and understand people's their cultural background and intersecting identities.

These guidelines:

• focus on SIL supports funded by the National Disability Insurance Scheme (NDIS)
• help providers to meet their legal obligations to deliver rights-based supports
• aim to promote clarity and consistency in support for people with disability
• aim to foster predictable and high-quality SIL services
• respond to an important need for practical direction while the NDIS Commission finalises new practice standards and related resources.

Together, these initiatives aim to establish the foundations for good support.

Read the Review of the Independent Person project (PDF).

To receive this publication in another format email the Victorian Senior Practitioner VictorianSeniorPractitioner@dffh.vic.gov.au.

About the Review of the Independent Person project

What is the final report about

The role of the Independent Person (IP) is a key component of the Victorian regulatory framework for ensuring the oversight and safeguarding of the use of regulated restrictive practices (RRPs) for people with disabilities.

The Client voice project: A review of the role of the Independent Person project aimed to: 

• Review the role of the IP and its function within the Victorian regulatory framework to establish if the role is reaching its potential or working as originally intended by the Victorian Disability Act (2006).
• Identify barriers preventing the IP role fulfilling its potential as a safeguarding mechanism
• Present recommendations that seek to address any barriers currently limiting the safeguarding potential of the IP role.

Who is the final report for

The purpose of the report is to assist Authorised Program Officers (APOs), disability service providers, people with disability subject to regulated restrictive practices, people acting in the role of IPs, and anyone interested in the role of the IP to:

• Better understand the IP role 
• Clarify and strengthen expectations about the way the IP role is fulfilled and suitability for the role, including access to relevant resources to undertake the role.

How was the final report developed

The report was developed through qualitative interviews with:

• people involved in the regulation regulated restrictive practices and who had experience of the IP role.
• People with disability subject to regulated restrictive practices
• Professionals and family members who have experience working in the role of the IP
• Senior and middle managers from disability service providers, staff from regulatory organisations and peak advocacy bodies

What does the final report say

The Final Report for the found that: 

• the IP role is highly valued for its potential safeguarding role for people subject to RRPs. 
• the role is not reaching its potential or working as intended by the by the Victorian Disability Act (2006). 

The report identified some barriers with the IP role fulfilling its potential as a safeguarding mechanism. These included:

• difficulties finding suitable Independent Persons (IPs)
• lack of role clarity and oversight that reduced the role to a tokenistic "tick and flick" exercise, 
• Poor understanding among Authorised Program Officers and providers.