About the draft Bill
The Persons with Disability (Regulation of Restrictive Practices) Bill 2021 outlines how restrictive practices will be authorised in NSW.
The Bill will help us achieve our commitment towards the national goal of reducing and eliminating restrictive practices. It will help ensure that restrictive practices are only used when necessary, to protect the person and others from harm.
This commitment promotes the human rights of people with a disability so they can live free from abuse, neglect and exploitation. It is consistent with the United Nations Convention on the Rights of Persons with Disabilities (CRPD).
More control for people with disability
The safety and wellbeing of people with disability will always remain at the centre of decision-making.
The Bill will give people with disability and their representative greater say in when and how restrictive practices are used.
Through the Bill, restrictive practices must be part of a positive behaviour support plan. An NDIS-registered behaviour support practitioner must develop the positive behaviour support plan in consultation with the NDIS participant.
Using restrictive practices
We’re making sure the use of restrictive practices is safer for people with disability in NSW and is supported by legislation.
The Bill puts in place and improves upon the following measures:
- Restrictive practices must be part of a positive behaviour support plan. An NDIS-registered behaviour support practitioner must develop the positive behaviour support plan in consultation with the NDIS participant.
- NDIS providers in NSW can only use restrictive practices in relation to NDIS participants when there is no alternative way to keep the person, or others, safe
- NDIS providers, hospitals, schools and other government services will have to follow a common set of human rights-based principles.
- A new ‘trusted person’ framework will be created that guides who can consent to restrictive practices if the person with disability can’t make the decision.
- Independent behaviour support experts will participate on an authorisation panel and ensure restrictive practices are only used when absolutely necessary.
- The Ageing and Disability Commissioner (ADC) will oversee all authorisation and public reporting of restrictive practices in NSW.
- Independent review and appeal processes will be available for authorisation decisions.