A restrictive practice: the reports and the authorisation
Restrictive practice: the notification lines the clauses we hold attach to it, the requirements it touches with why each applies, and the evidence to keep. Each line names its clause and the edition we hold; the decision to notify stays with you.
- notification lines
- 6 possible, depending on the answers
- requirements
- 20 mapped across 6 frameworks
- questions it asks
- 6
What the clauses say: the notification lines
| To | By when | Clause | Applies |
|---|---|---|---|
| NDIS Quality and Safeguards Commission | evidence of the authorisation, as soon as reasonably practicable after using the practice | Restrictive Practices Rules s 9(2)(b) | NDIS, when: authorised |
| NDIS Quality and Safeguards Commission | in the monthly report on regulated restrictive practice use | Restrictive Practices Rules s 14(1)(a) | NDIS, when: for an NDIS participant |
| NDIS Quality and Safeguards Commission | evidence of the authorisation, as soon as reasonably practicable after receiving it | Restrictive Practices Rules s 12(2)(a), (b) | NDIS, when: not authorised |
| NDIS Quality and Safeguards Commission | within 5 business days after the provider became aware | Incident Rules s 21 | NDIS, when: ndis rp reportable |
| Aged Care Quality and Safety Commission | priority 1 within 24 hours of becoming aware; priority 2 within 30 days question | Aged Care Act s 165A and Rules 165A-15 to 165A-45 | Aged care, when: Was it used outside the conditions in Rules 162 and residential care homes ticked in the first lines |
| NDIS Quality and Safeguards Commission | the reviewed plan, as soon as practicable after it is developed | Restrictive Practices Rules s 24 | NDIS, when: Does the plan need changing |
Each state or territory authorises regulated restrictive practices under its own scheme. We do not hold the state or territory text, so the checker never says whether a practice is allowed or authorised in a state: it names the scheme and asks you.
The questions it asks
6 questions- For whom? (an NDIS participant, an aged care resident)
- Which kind? (chemical, physical, mechanical, environmental, seclusion)
- Is it in a behaviour support plan?
- Authorised under the state or territory process? (authorised, not authorised, no process in this state, not sure)
- Does the plan need changing?
- Was it used outside the conditions in Rules 162?
Each has not sure: a line resting on it stays, as a question.
What your change log usually carries for it
A date, a label of your own (a site, a role, a service, never a person's name), the date you became aware, and often a status or an owner. Paste it as it is: the type column reads words such as “restrictive practice”, “rp”, “restraint”, “restriction”, “seclusion” and “chemical restraint”. The answers go in one cell as key=value pairs.
The requirements it touches, and the evidence to keep
20 rowsAged Care Quality Standards
- ACQS Rules s 15-30(14): Situations that may change behaviour are identified. (when: for an aged care resident)
evidence to keepTriggers recorded in the plan.
Aged Care Act 2024
- Aged Care Act s 162 and Rules 162-15 to 162-40: For a residential care provider (Rules 162-5), s 162 makes a restrictive practice a last resort, with assessment, informed consent and monitoring. (when: for an aged care resident and residential care homes ticked in the first lines)
evidence to keepRestrictive practice register line: type, consent, assessing practitioner, review date. - Aged Care Act s 162 and Rules 162-45 to 162-75: For a residential care provider, the behaviour support plan records the practice and is reviewed after any change in circumstances (Rules 162-45 to 162-75). (when: for an aged care resident and residential care homes ticked in the first lines)
evidence to keepBehaviour support plan version with the practice. - Aged Care Act s 165A and Rules 165A-15 to 165A-45: Use outside the Rules may be a reportable incident; your SIRS assessment decides the priority. (when: Was it used outside the conditions in Rules 162 and residential care homes ticked in the first lines)
evidence to keepSIRS assessment and notice, or the reason it is not reportable. - Aged Care Act s 162 and Rules 162-15 to 162-40: For a residential care provider, s 162 and Rules 162-15 to 162-40 set the conditions; use outside them is recorded and reviewed. (when: Was it used outside the conditions in Rules 162 and residential care homes ticked in the first lines)
evidence to keepRecord of the use, the conditions it fell outside, and the review.
NDIS Practice Standards
- NDIS Practice Standards Module 2A, 9.3: Implementing providers notify unauthorised restrictive practice incidents. (when: not authorised)
evidence to keepNotice reference. - NDIS Practice Standards Module 2A, 9.4: A documented debrief follows. (when: not authorised)
evidence to keepDebrief record.
NDIS Incident Management Rules
- Incident Rules s 21: A restrictive practice used without the state or territory authorisation, or an authorised use outside the behaviour support plan, is a reportable incident (Act s 73Z(4)(f), Rules s 16(3)); Rules s 21 sends it within 5 business days after becoming aware. With no process in the state, a use under the plan is not reportable (s 16(4)). (when: ndis rp reportable)
evidence to keepReportable incident notice reference.
NDIS Restrictive Practices Rules
- Restrictive Practices Rules s 8: A practice the State or Territory prohibits must never be used. (when: for an NDIS participant)
evidence to keepCheck of the practice against the state or territory prohibited list, dated. - Restrictive Practices Rules s 9(2)(a): A regulated restrictive practice is used only once authorised where the State or Territory has a process. (when: a state or territory with an authorisation process)
evidence to keepAuthorisation decision and date. - Restrictive Practices Rules s 9(2)(b): Evidence of the authorisation is lodged with the Commissioner. (when: authorised)
evidence to keepLodgement record. - Restrictive Practices Rules s 15: Every use is recorded and kept for 7 years. (when: for an NDIS participant)
evidence to keepUse record with the s 15 details. - Restrictive Practices Rules s 14(1)(a): Use of regulated restrictive practices is reported monthly. (when: for an NDIS participant)
evidence to keepMonthly report reference including this use. - Restrictive Practices Rules s 10(2)(a): Use only as the behaviour support plan says. (when: Is it in a behaviour support plan)
evidence to keepPlan reference for the practice. - Restrictive Practices Rules s 22: The plan is reviewed when a change in circumstances requires it. (when: Does the plan need changing)
evidence to keepRequest to the practitioner for review, dated. - Restrictive Practices Rules s 12(2)(a), (b): Unauthorised use likely to continue: obtain authorisation and lodge it. (when: not authorised)
evidence to keepAuthorisation application and lodgement. - Restrictive Practices Rules s 13: With no authorisation process in the state, the provider still facilitates an interim plan within 1 month and a comprehensive plan within 6 months. (when: no authorisation process in the state)
evidence to keepRequest to a behaviour support practitioner, dated, and the plan dates. - Restrictive Practices Rules s 12(2)(c), (d): Where unauthorised use is likely to continue, the provider facilitates an interim plan within 1 month and a comprehensive plan within 6 months. (when: not authorised)
evidence to keepRequest for an interim plan, dated within 1 month of the first use. - Restrictive Practices Rules s 24: A reviewed plan containing a regulated restrictive practice is lodged with the Commissioner. (when: Does the plan need changing)
evidence to keepLodgement record for the reviewed plan.
NDIS Code of Conduct
- Code of Conduct s 6(1)(a): The participant's rights to self-determination and decision-making are respected in any restriction. (when: for an NDIS participant)
evidence to keepRecord of how the participant's views were sought.
Check one changeSee the specimen registerThe one-page sample register