Under the NDIS Quality and Safeguarding Framework, states and territories are responsible for the authorisation of restrictive practices used by Registered NDIS Providers and Behaviour Support Practitioners.
In NSW, this includes providing two key elements:
- a policy framework for regulating Restrictive Practices Authorisation (RPA)
- structural support to the sector through a Central Restrictive Practices Team, an online system for managing and monitoring RPA, and independent specialists to ensure that registered NDIS service providers have access to expert independent members for RPA Panels.
NSW will not have any monitoring or support functions except as they relate to the authorisation of restrictive practices.
Registered NDIS providers in NSW are regulated by the NDIS Quality & Safeguards Commission, which is responsible for:
- Implementing the NDIS Quality and Safeguarding Framework
- Providing leadership in relation to behaviour support and in the reduction and elimination of the use of restrictive practices by NDIS Providers
- Specifying regulated restrictive practices for reporting purposes and related legislation and rules, including NDIS Behaviour Support Rules and NDIS Provider Registration and Practice Standards Rules
- Developing and implementing the competency framework for behaviour support practitioners and determining the suitability of such practitioners.
The authorisation of restrictive practices by registered NDIS providers is regulated by the NSW Government via the Department of Communities and Justice (DCJ) Central Restrictive Practices Team, which is responsible for:
- Publishing and maintaining an appropriate policy framework and procedural guidance for RPA
- Providing appropriately qualified independent specialists to serve as independent members on RPA Panels convened by registered NDIS service providers
- Embedding best practice advice and guidance in relation to the use, minimisation and elimination of restrictive practices into the authorisation process
- Providing an online NSW RPA system to register and manage requests for authorisation of restrictive practices
- Providing information to registered NDIS providers and other participants in the RPA process to facilitate their engagement and compliance.
Registered NDIS Providers in NSW are regulated by the NDIS Quality & Safeguards Commission, and are responsible for:
Implementing Providers
- Ensuring that proper consent is obtained for all use of Restrictive Practices
- Compliance with the RPA policy and guidelines issued by the NSW Department of Communities and Justice
- Maintaining the quality and compliance aspects of RPA, including an RPA mechanism that comprises a compliant RPA Panel
- Reporting any unauthorised use of restrictive practices to the NDIS Quality & Safeguards Commission and supporting participants to make and resolve complaints
- Monitoring the use of restrictive practices, including regular reporting of restrictive practice use to the NDIS Quality & Safeguards Commission.
Behaviour Support Practitioners
- Meeting behaviour support requirements including lodging behaviour support plans that include restrictive practices with the NDIS Quality & Safeguards Commission
- Compliance with the RPA policy and guidelines issued by the NSW Department of Communities and Justice.
