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Restrictive practices legislation

The Disability Inclusion (Restrictive Practice-NDIS) Amendment Bill was passed by the South Australian Parliament in May 2021.

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

The consultation process has demonstrated there is strong community support to strengthen safeguards for people with disability, and to ensure that restrictive practices are only used as a last resort.

Guidelines are now being formulated to set out how an authorising scheme for restrictive practices will operate. It takes into account feedback about draft guidelines received through the YourSAy website until mid-September 2021.

The Restrictive Practices Authorisation Team will be working closely with registered NDIS providers, statutory authorities, and people with disability to transition to the new system throughout 2022.

Please visit YourSAy to find out more about the Restrictive Practices authorisation scheme.

What is the legislation?

The 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 amendments:

  • Provide for an NDIS Restrictive Practice Authorisation scheme for South Australia.
  • 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.

Read our consultation report

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Page last updated : 17 Sep 2021

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