The Disability Act (2006) defines a restrictive practice as ‘any practice or intervention that has the effect of restricting the rights or freedom of movement of a person with disability or an NDIS participant or a DSOA client’.
Regulated restrictive practices, as defined by the NDIS Rules are:
- Seclusion – the sole confinement of a person with disability in a room or a physical space at any hour of the day or night where voluntary exit is prevented, or not facilitated, or it is implied that voluntary exit is not permitted.
- Chemical restraint – the use of medication or chemical substance 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.
- Mechanical restraint – the use of a device to prevent, restrict, or subdue a person’s movement for the primary purpose of influencing a person’s behaviour but does not include the use of devices for therapeutic or non-behavioural purposes.
- Physical restraint – 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/injury, consistent with what could reasonably be considered the exercise of care towards a person.
- Environmental restraint – which restrict a person’s free access to all parts of their environment, including items or activities.
It is the responsibility of the Authorised Program Officer (APO) to review and authorise any restrictive practices proposed in a behaviour support plan for the people with disability supported by their organisation. Authorisation must comply with the requirements of the Disability Act (2006).
The Victorian Senior Practitioner is responsible under the Disability Act (2006) for ensuring that the rights of persons who are subject to restrictive practices and compulsory treatment are protected and that appropriate standards are complied with. The Victorian Senior Practitioner may be required to provide direct approval for specific restrictive practices (including mechanical restraint, seclusion, physical restraint, and any restrictive practices used with a person with psychosocial disability).
Refer to the Guidelines for authorising regulated restrictive practices for further information regarding the Victorian authorisation process for restrictive practices.
Refer to the Regulated Restrictive Practices Authorisation Checklist for further information regarding the criteria for authorising the use of restrictive practices.