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Have YourSAy about South Australia’s authorising scheme for NDIS restrictive practices

South Australians are being encouraged to have their say on new safeguards for people living with disability, with consultation now open on the guidelines that set out how an authorising scheme for restrictive practices will operate.

Restrictive practices are regulated under the NDIS Act and can include a range of practices that restrict a person’s freedom – ranging from changes in the home, such as a lock on a cupboard, through to physically restraining someone’s movement.

Department of Human Services Chief Executive, Lois Boswell said South Australian legislation passed this year establishes an authorisation scheme that will ensure such practices are used only as a last resort and in consultation with the person with disability or their guardian.

“We want South Australians with disability, their families and carers, as well as NDIS providers and the disability sector, to have their say and work with us to ensure that the guidelines are clear, simple and effective,” said Ms Boswell.

“This will be key to building better protection on the use of restrictive practices.”

The Restrictive Practices Guidelines provide further details about the operation of the scheme, ensuring the process of authorisation aligns with best practice. This includes additional detail about practice approaches and guidance on the use of force, the use of restrictive practices for children, appeals and other matters. It seeks to reduce the ambiguity currently faced by NDIS providers and to reduce the use of restrictive practices over time.

South Australia’s restrictive practices authorisation scheme will become operational in 2022.

Extensive public consultation has already occurred, with community feedback informing changes to the scheme’s Regulations about:

  • the definition of Level 1 and Level 2 restrictive practices
  • provision of written notices about the use of restrictive practices
  • the frequency of reporting about restrictive practices, and
  • ensuring that a person’s advocate can appeal a reviewable decision.

That consultation has also helped inform the development of the Restrictive Practice Guidelines, which are now open for feedback until Friday, 17 September 2021.

To view the draft Restrictive Practices Guidelines and have your say, visit the YourSAy webpage.

To learn more about South Australia’s new restrictive practices legislation, visit the Department of Human Services Restrictive practices legislation page.

Page last updated : 24 Aug 2021

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