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The Bill will help us achieve our commitment towards the national goal of reducing and eliminating restrictive practices. It will help ensure that restrictive practices are only used when necessary, to protect the person and others from harm.
This commitment promotes the human rights of people with a disability so they can live free from abuse, neglect and exploitation. It is consistent with the United Nations Convention on the Rights of Persons with Disabilities (CRPD).
The safety and wellbeing of people with disability will always remain at the centre of decision-making.
The Bill will give people with disability and their representative greater say in when and how restrictive practices are used.
Through the Bill, restrictive practices must be part of a positive behaviour support plan. An NDIS-registered behaviour support practitioner must develop the positive behaviour support plan in consultation with the NDIS participant.
We’re making sure the use of restrictive practices is safer for people with disability in NSW and is supported by legislation.
The Bill puts in place and improves upon the following measures:
In 2019, the NSW Government held consultations across NSW to understand people’s views on the authorisation of the use of Restrictive Practices. All findings from these consultations are detailed in the findings report on this page.
The report summarises the key themes and findings from the public consultation process. These findings will be used to shape the Persons with Disability (Regulation of Restrictive Practices) Bill 2020, which is currently being drafted.
A full version of the findings report is available in PDF and Microsoft Word formats. The executive summary of the report is available in Easy Read and community language versions under Translations and Easy Read versions below.
Download the report:
DCJ has published a range of fact sheets to help explain Restrictive Practices and their use in NSW. Please visit the Restrictive Practices Authorisation Portal to view our fact sheets.
If you have any questions about the Persons with Disability (Regulation of Restrictive Practices) Bill 2021 or to request an accessible version of a document on this page, please contact firstname.lastname@example.org
15 Sep 2022
We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present, and future.
Informed by lessons of the past, Department of Communities and Justice is improving how we work with Aboriginal people and communities. We listen and learn from the knowledge, strength and resilience of Stolen Generations Survivors, Aboriginal Elders and Aboriginal communities.
You can access our apology to the Stolen Generations.