Information Sheet for Families on the Authorisation of Restrictive Practices | Article

This information sheet is for families of people with disabilities. It is one of a series of sheets that explains the “Authorisation of Restrictive Practices in Funded Disability Services Policy” in Western Australia. The policy started on December 1, 2020. The information will help everyone understand the policy better.

For further detailed information please refer to the authorisation of restrictive practices website.

1. Introduction

The government of Western Australia is committed to reducing and avoiding the use of restrictive practices for people with disabilities in the state. They have endorsed the National Framework for Reducing and Eliminating the Use of Restrictive Practices in the Disability Services Sector, as well as the National Disability Insurance Scheme (NDIS) Quality and Safeguarding Framework.

Under the NDIS Framework, the State Government is responsible for authorising regulated restrictive practices in NDIS services in WA. The Policy outlines the requirements for authorizing restrictive practices for people receiving disability services funded by NDIS or the State Government.

People with disabilities, their families, carers and other significant persons chosen by people with disabilities are important in this process.

2. What are restrictive practices?

A “restrictive practice” means doing something to limit what a person with disability can do or where they can go.

Sometimes, people with disabilities may need extra support to keep themselves and others safe. These kinds of support are called “restrictive practices.” There are five types of restrictive practices that are allowed in certain situations. These are called “regulated restrictive practices.” You can find more information about these practices on the Regulated Restrictive Practices in Western Australia webpage or the “Definitions of Regulated Restrictive Practices” information sheet on the Restrictive Practices Resources page under “Providers and Behaviour Support Practitioners.”

There are five ways that people may be restricted in some situations and these are called ‘regulated restrictive practices’. The five types are:

The policy doesn’t need families to get approval before using a restrictive practice with their family member. However, service providers must have authorisation to use regulated restrictive practices with a person with disability. Some practices like prohibited practices can never be authorised, while others like therapeutic or safety devices can be used if they are necessary. Practices used to manage non-intentional risk and court orders do not require authorisation either.

When using regulated restrictive practices, the following principles should be followed:

There is a document called ‘Principles guiding the use of regulated restrictive practices’, which can be found on the restrictive practices resources page under ‘Providers and Behaviour Support Practitioners’. This document provides more detailed information about the principles that should guide the use of regulated restrictive practices.

3. Policy Requirements

If a service provider (Implementing Provider) wants to use a regulated restrictive practice, they need to have permission. The service provider also needs to keep monitoring the person who is being supported and report the use of the restrictive practice to the NDIS Quality and Safeguards Commission (NDIS Commission).

From May 1, 2021, there are new rules for authorising the use of regulated restrictive practices. These rules include:

Service providers should try and find ways to reduce or stop using restrictive practices for people with disabilities.

Behaviour Support Practitioners need to work with the person with disability, their family, and service providers to find other ways to help the person without using restrictive practices.

Behaviour Support Plan (BSP)

A Behaviour Support Plan (BSP) is required when a regulated restrictive practice is being used by an Implementing Provider or NDIS Behaviour Support Practitioners. However, if families use restrictive practices with their family member, authorisation is not required.

The BSP must be developed by an NDIS Behaviour Support Practitioner and should include the person with disability, their family, carers, guardian, other service providers, and/or other relevant people in the person’s life, in the process. The NDIS Behaviour Support Practitioner must support the person, family, and other relevant people in the person’s life to understand any restrictive practice(s) that may be included in a person’s BSP and share information about the reason to include restrictive practice(s) in the BSP in an accessible way. The person with disability, or their family or guardian, can choose the NDIS Behaviour Support Practitioner who develops the BSP.

The BSP that includes a regulated restrictive practice implemented by a provider needs to address the principles outlined on page 4 of this information sheet. The BSP must be reviewed at least every 12 months.

Quality Assurance Panel

The Quality Assurance Panel is responsible for reviewing each regulated restrictive practice that has been suggested within the person’s BSP. The Implementing Provider is responsible for meeting with or accessing the panel, which must consist of

Family members and/or other relevant people may also be invited to participate in the panel discussion, but they cannot partake in the decision-making process.

The Panel’s decision to approve a restrictive practice must be supported by all decision-making panel members and must specify how long the authorisation applies for (not exceeding 12 months). Any conditions that are imposed as part of the approval must also be detailed and the decision must be recorded in the Quality Assurance Outcomes Summary Report, which is submitted to the NDIS Commission as evidence of authorisation.

If the Panel is not satisfied with the information available regarding a regulated restrictive practice, the practice may not be approved or it may be approved for certain circumstances. In these situations, further consultation with the person, their family, and/or other stakeholders may be necessary to re-consider the use of the restrictive practice(s) and/or to respond to actions or requests for additional information for consideration at a future Panel meeting.

4. Contact Information

For enquiries about the Policy, please contact the Department of Communities – authorisation of restrictive practices team:

Email: ARP@communities.wa.gov.au

Phone: 08 6217 6888 or free call 1800 176 888

Voice relay: 1300 555 727

Teletypewriter (TTY): 133 677

SMS relay: 0423 677 767

Original source: https://www.wa.gov.au/organisation/department-of-communities/regulated-restrictive-practices-western-australia