Information Kit
Find out more about Disability Discrimination in Western Australia, from our factsheets, videos and online legal information course for disability related legal matters.
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.
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.
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.
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.
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.
The Australian Human Rights Commission’s contact details are:
Postal Address
Australian Human Rights Commission
GPO Box 5218
Sydney NSW 2001
Street address: Level 3, 175 Pitt Street
Sydney NSW 2000
Phone: (02) 9284 9600 or 1300 369 711
TTY: 1800 620 241 (toll free)
Fax: (02) 9284 9611
Email: communications@humanrights.gov.au
Website: www.humanrights.gov.au
Complaints
Complaint Info line: 1300 656 419 (local call)
Email: complaintsinfo@humanrights.gov.au
Online: You can make a complaint online by going to this website
The Commission can arrange an Auslan interpreter for you if you need one. If you are blind or have a vision impairment, the Commission can give you information in different formats if you ask for it.
If you are considering making a complaint, it may be helpful to seek legal advice or contact your trade union. Free advice on discrimination and harassment is available from community legal services. You can find contact details for the community legal center closest to you at https://clcs.org.au/.
Disability discrimination legal services
There are also legal services which provide free specialist advice about disability discrimination. Contact details for your nearest Disability Discrimination Legal Centre can also be found at https://clcs.org.au/.
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
A ‘restrictive practice’ is any kind of help or action that limits the freedom or rights of a person with a disability.
Restrictive practices are actions taken to keep people safe when someone with a disability is showing challenging behaviour. If necessary, these practices should follow these guidelines:
There are five types of regulated actions that may limit a person’s rights or freedom of movement and can be used in specific situations.
Seclusion means putting someone in a room or area where they can’t leave, or they think they can’t leave. But it’s important to note that seclusion doesn’t include someone who wants to be alone in their room and can come out whenever they want. It also doesn’t include someone who locks their door for privacy, as long as they can unlock it and leave when they choose to.
Chemical restraint is using medicine or chemicals to control someone’s behaviour or movement. This doesn’t include taking medicine prescribed by a doctor to treat a mental or physical condition.
Physical restraint refers to using physical force to limit or control a person’s movement in order to modify their behaviour. Examples of physical restraint include holding a person’s body to prevent a behaviour, such as holding their hand to stop them from pulling their hair or guiding a person to move in a specific direction. However, it does not include providing physical assistance to help a person complete their daily living activities safely, such as helping them dress or brush their teeth.
Mechanical restraint means using a device to stop a person from moving, to limit their movement, or to control their behaviour. This does not include devices used for medical treatment.
Environmental restraint means limiting a person’s ability to move freely in their surroundings or access certain things or activities. This can include things like locking doors or cupboards that a person cannot open.
Some forms of restrictive practice can be very harmful and should never be used. These are called ‘prohibited practices’ and include physical restraints like holding a person down, as well as punishments that involve denying someone’s needs or access to their culture. These practices can cause harm or even death. It is important to use the least restrictive methods possible and only when necessary to keep everyone safe.
Refer to the restrictive practices resources page for more information.
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
A ‘restrictive practice’ is any kind of help or action that limits the freedom or rights of a person with a disability. Restrictive practices are
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Our Information Kits have been made possible by research funded by the Department of Communities, Disability Justice Advocacy Project and the development of accessible resources funded by the Department of Social Services, National Disability Advocacy Program.
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