Providers are obligated to take all reasonable steps to facilitate the development of a Behaviour Support Plan when it becomes apparent that a participant they are working with has complex behaviour support needs or that a restrictive practice may be necessary to prevent harm.
The newly released National Disability Insurance Scheme (Restrictive Practice and Behaviour Support) Rules 2018 detail how the Quality and Safeguarding Commission will regulate and monitor the use of restrictive practices. These rules set conditions that apply to registered NDIS providers who use regulated restrictive practices or work with participants who have complex behaviour support needs.
The rules are based on the Quality and Safeguarding Framework and the National Framework for Reducing and Eliminating the Use of Restrictive Practices in the Disability Service Sector (the Restrictive Practices Framework).
The new rules will commence in July 2018 with transitional arrangements for each State and Territory until full rollout. Their aim is to ensure that restrictive practices are only used in circumstance where complex behaviours place the participant or others at risk of harm. What these risks are and of course what is acceptable is dependent on each services risk matrix procedures but we would assume that there is a general consensus of what is or what is not acceptable risk in any organisation
It details that regulated restrictive practices must only be used in accordance with a participant’s Behaviour Support Plan (BSP). This plan will need to be developed by a registered specialist behaviour support provider. These providers must be Registered and Certified by the Quality and Safeguarding Commission. They are also the only people that can review a BSP.
Where there is no BSP in place, the NDIS provider must take reasonable steps to facilitate the development of an interim BSP. This must be done within 1 month of a restrictive practice being used or proposed. A comprehensive BSP will be required within 6 months.
Providers will need to provide monthly reports to the Commissioner on their use of restrictive practices. If they have only been granted short-term approval to use restrictive practices, then they must report every 2 weeks. How these reports will be generated is yet to be determined.
The positive from this is that finally we can see some direction for providers in who and how Positive Behaviour Support Plans and associated Restrictive Practices is now to be overseen
Trevor Green / Company Director
Real Community Services