Draft Bill published on use of restrictive practices in New South Wales

    Bill could help to improve care and quality of life

      • Sector News
    • 13.01.21

    The Department of Communities and Justice has launched a consultation on a draft Bill to outline how restrictive practices will be authorised in New South Wales (NSW).

    The Persons with Disability (Regulation of Restrictive Practices) Bill 2021 outlines how restrictive practices will be authorised in NSW and includes 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 a 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 will oversee all authorisation and public reporting of restrictive practices in NSW.
    • Independent review and appeal processes will be available for authorisation decisions.

    The consultation on the draft Bill is now open and will close on 19 February 2021.

    NDS: Consultation open on draft NSW Restrictive Practices Bill

    Maybo perspective

    A restrictive practice is any practise 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. We deliver training face to face (where safe to do so) and online: click here

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