Consultation into restrictive intervention legislation launched in South Australia

    Legislation aims to reduce and eliminate restrictive practices

      • Sector News
    • 14.12.20

    The South Australian Government has launched a consultation into draft legislation around restrictive practices, with the aim of strengthening safeguards for vulnerable people with a disability. 

    The consultation aims 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 streamlined scheme proposes using a risk-based authorisation process where:

    ·  Low-level, less intrusive restrictive practices may be authorised by an approved officer within an NDIS provider
    ·  High-level, more intrusive restrictive practices can only be authorised by an approved officer in the South Australian Department of Human Services

    A new restrictive practice authorisation unit within the DHS will work with registered NDIS providers to educate them in appropriate processes as well as collecting data on the use of restrictive practices in South Australia.

    Consultation is now open for providers, people with disability, families and carers via the YourSAy website, closing Friday, 29 January 2021 at 5:00 pm.

    Government of South Australia: Restrictive practices legislation

    NDS: Consultation on proposed SA restrictive practices rules

    NDS: SA budget support for a nationally consistent framework on restrictive practice authorisation


    Maybo perspective

    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 the first response in dealing with people exhibiting behaviours of concern. It is now recognised that restrictive practices can present serious injury and infringe human rights.

    Maybo welcomes the consultation as reducing restrictive practice is at the heart of all of our training. We believe that restrictive practices should only ever be used as a last resort and in accordance with individual behaviour support plans.

    Our positive behaviour support, promoting human rights and reducing restrictive practices modules all aim to demonstrate how measures can be taken to reduce restrictive practices that might be used intentionally or in some cases without realising they are restricting the person's liberty or autonomy.

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