Supported Decision-Making and Restrictive Practices
The United Nations Convention on the Rights of Persons with Disabilities says that people with disabilities have the right to make decisions about their own lives. However, this hasn’t always been the case for people with disabilities. In the past, other people have made decisions for them. Today have changed. Australia’s National Disability Insurance Scheme (NDIS) is moving away from having someone else make decisions for people with disabilities. Instead, they are moving toward a new model called “supported decision-making.”
Supported decision-making means that people with disabilities get help and support so they can make their own decisions about their lives. This includes things like healthcare, finances, and relationships. The goal is to help people with disabilities have more control over their lives.
In supported decision-making, it is assumed that the person with a disability can make their own decisions, unless there is evidence that they can’t. If they need help, the support is given in a way that works for them. This way, they can keep their human rights and independence.
Sometimes, rules are put in place to keep people with disabilities safe. However, these rules can limit their freedom. Supported decision-making helps people with disabilities make decisions about these rules and their safety.
If someone is working with a person with a disability, like an NDIS Behaviour Support Practitioner, they need to involve the person in making decisions about their care. They also need to make sure the person and their family and friends understand any rules that might be put in place to keep them safe.
Principles of Supported Decision-Making
Supported decision-making practice in Australia is guided by four principles from the Australian Law Reform Commission (2014):
All adults have the right to make decisions that affect their lives, which should be respected.
People who need help making decisions should receive the support necessary to participate in decisions that affect their lives.
Decisions for those who need decision-making support should be directed by their will, preferences, and rights.
Any decisions made for people who require support must respect their human rights.
When it comes to supporting individuals in making decisions about restrictive practices, the principles of positive behavior support are applicable in practice. Here are some examples of these principles:
Working in partnership: By treating the person as an equal and working together, we allow them to contribute and guide the process. We must also pay attention to our relationship with the person and make sure they feel respected and valued.
Open-minded approach: When supporting someone in decision-making, it is important to be aware of our influences and present all options without influencing their choices.
Focusing on strengths: In supported decision-making, we must recognise the person’s strengths and abilities, and utilise them to bridge the gap in decision-making capacity.
Meeting needs: Through genuine curiosity and openness, we can help the person understand their needs and make choices that are best for them.
How Can I Support People with Disability in a Decision-Making Process?
Here are some simple guidelines to support people with disabilities in decision-making:
Help them identify a trusted person or support system who understands them well and can assist in the decision-making process.
Provide them with all the information about the situation and the available options to help them make an informed decision.
Support them in understanding the information and any risks or benefits associated with each option.
Encourage them to express their concerns, ask questions, and communicate their decisions.
Allow them enough time to process the information and make a decision.
Check in with them often to make sure the decision is still relevant and to provide opportunities for them to change their mind if necessary.
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) 9426 9200 or free call 1800 998 214
TTY: (08) 9426 9315
Fax: (08) 9226 2306
References
• Australian Law Reform Commission National Decision-Making Principles (2014)
• United Nations Convention on the Rights of Persons with Disability (2006).
Original source: https://www.wa.gov.au/system/files/2021-07/Supported-decision-making.pdf
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