Restrictive practices legislation

The Disability Inclusion (Restrictive Practice-NDIS) Amendment Bill was introduced into the South Australian Parliament in March 2021.

Thank you to the members of our community who provided feedback regarding amendments to the Disability Inclusion Act 2018.

Feedback informed the policy direction ahead of the proposed Bill’s introduction to Parliament and will support the development of the regulations and guidelines.

What legislation is proposed?

The proposed changes aim to ensure restrictive practices – such as restraint and seclusion – are used only as a last resort and in accordance with individual behaviour support plans.

The proposed amendments:

Provide for an NDIS Restrictive Practice Authorisation regime for South Australians with disability.
Create a streamlined legislative framework that provides greater protection and safeguards for NDIS participants.
Ensure restrictive practices such as physical restraint and seclusion are used only as a last resort.
Enable South Australia to comply with the national principles for restrictive practices authorisation.

What are restrictive practices?

A restrictive practice is any practice or intervention that has the effect of restricting the rights or freedom of movement of a person, with the primary purpose of protecting the person or others from harm.

In the past, restrictive practices were often a first response for people with behaviours of concern. It is now recognised that restrictive practices can present serious human rights infringements.

Learn more about the Amendment Bill

The consultation report is also available in plain text and printable PDF:

You can find out more about the consultation on YourSAy.

Contact us

Email DHSRestrictivePracticesUnit@sa.gov.au

Page last updated : 14 Apr 2021