NDIS Aged Care Notifiable Change Checker

NDIS Restrictive Practices Rules

The conditions on using regulated restrictive practices, the reports to the Commissioner and behaviour support plans.

held as
NDIS (Restrictive Practices and Behaviour Support) Rules, Comp. No. 1 (F2020C01087)
clauses cited here
12 of the 25 held
registration
NDIS; shown only when you tick it
every clause we hold
NDIS Restrictive Practices Rules, clause by clause

The kinds of change that touch it

What it asks, clause by clause

12 clauses
Restrictive Practices Rules s 8s 8 Never use a restrictive practice the State or Territory prohibits

Where a State or Territory prohibits a restrictive practice, a registered NDIS provider supporting a person with disability there must not use that practice in relation to the person.

Held text: NDIS (Restrictive Practices and Behaviour Support) Rules, Comp. No. 1 (F2020C01087).

what an auditor asks to see Register of practices prohibited in each State or Territory where the provider operates; Policy listing prohibited practices and instructing workers never to use them; Restrictive practice use records reviewed for any prohibited practice

where it usually falls short Provider operating across states unaware of a practice prohibited in one of them; Prohibited practice used informally, for example locking a participant in a room

Every Restrictive Practices Rules clause we hold

Restrictive Practices Rules s 9(2)(a)s 9(2)(a) Use a regulated restrictive practice only once authorised

Where the State or Territory has an authorisation process for a regulated restrictive practice, any use of it (other than a single emergency use) must be authorised under that process, for example by consent, a guardianship board or tribunal approval or an authorised officer's approval.

Held text: NDIS (Restrictive Practices and Behaviour Support) Rules, Comp. No. 1 (F2020C01087).

what an auditor asks to see Current State or Territory authorisation documents for each participant and practice; Authorisation register with start and expiry dates; Use records cross-checked to authorisation scope and dates

where it usually falls short Practice continued after the authorisation expired; Single emergency use repeated without authorisation

Every Restrictive Practices Rules clause we hold

Restrictive Practices Rules s 9(2)(b)s 9(2)(b) Lodge evidence of the authorisation with the Commissioner

The provider must lodge evidence that the use is authorised with the Commissioner as soon as reasonably practicable after using the practice in relation to the person.

Held text: NDIS (Restrictive Practices and Behaviour Support) Rules, Comp. No. 1 (F2020C01087).

what an auditor asks to see Commission portal lodgement records of authorisation evidence; Tracker of authorisations obtained against lodgement dates; Correspondence with the Commission on lodgements

where it usually falls short Authorisation held on file but never lodged; Renewed authorisation not lodged

Every Restrictive Practices Rules clause we hold

Restrictive Practices Rules s 15s 15 Keep a written record of every use for 7 years

The provider must keep written information on each use of a regulated restrictive practice, including: the use, its impact and any injury to the person or others, whether it was a reportable incident, and why it was used; the behaviour that led to it; when and where it started and ended; the names and contact details of persons involved and witnesses; the actions taken in response; the less restrictive options considered or tried first; and the actions and prevention strategies leading up to it. Each record must be kept for 7 years from the day it is made.

Held text: NDIS (Restrictive Practices and Behaviour Support) Rules, Comp. No. 1 (F2020C01087).

what an auditor asks to see Restrictive practice use record template with every s 15 field; Sample of completed use records, including less restrictive options tried; Retention schedule showing 7 years

where it usually falls short Chemical restraint recorded only in the medication chart without the s 15 details; Less restrictive options field left blank

Every Restrictive Practices Rules clause we hold

Restrictive Practices Rules s 14(1)(a)s 14(1)(a) Report regulated restrictive practice use to the Commissioner monthly

A registered NDIS provider that uses regulated restrictive practices must give the Commissioner monthly reports on that use, in the approved form and with any information and documents the Commissioner requires; a use that is also a reportable incident must be notified under the Incident Rules as well.

Held text: NDIS (Restrictive Practices and Behaviour Support) Rules, Comp. No. 1 (F2020C01087).

what an auditor asks to see Monthly restrictive practice reports lodged through the Commission portal with dates; Internal use data reconciled to what was reported; Roster of who prepares and approves monthly reports

where it usually falls short Months missed when no use occurred and nil reporting expected; Reported numbers differ from use records

Every Restrictive Practices Rules clause we hold

Restrictive Practices Rules s 10(2)(a)s 10(2)(a) Use a regulated restrictive practice only as the behaviour support plan says

Where a provider supports a person under a behaviour support plan that includes a regulated restrictive practice, the practice must be used only in accordance with that plan, and the provider must demonstrate this if the Commissioner requires (s 10(3)).

Held text: NDIS (Restrictive Practices and Behaviour Support) Rules, Comp. No. 1 (F2020C01087).

what an auditor asks to see Behaviour support plan accessible to workers at the point of support; Restrictive practice use records compared with the plan's stated practice, triggers and limits; Worker training records on the participant's plan

where it usually falls short Practice used in situations or for durations the plan does not allow; Workers unaware of the plan's contents

Every Restrictive Practices Rules clause we hold

Restrictive Practices Rules s 22s 22 Review comprehensive plans on change and at least every 12 months

A comprehensive behaviour support plan containing a regulated restrictive practice must be reviewed by an NDIS behaviour support practitioner as soon as practicable after a change in circumstances requires it to be amended, and in any event at least every 12 months while it is in force.

Held text: NDIS (Restrictive Practices and Behaviour Support) Rules, Comp. No. 1 (F2020C01087).

what an auditor asks to see Plan review dates and review reports; Register of plans with next review due dates; Records of reviews triggered by changes notified by implementing providers

where it usually falls short Plans past 12 months without review; Change notified by the implementing provider not acted on

Every Restrictive Practices Rules clause we hold

Restrictive Practices Rules s 12(2)(a), (b)s 12(2)(a), (b) Unauthorised use: obtain authorisation and lodge it

Where a provider uses a regulated restrictive practice that needed State or Territory authorisation but was not authorised, and the use will or is likely to continue, it must obtain authorisation for ongoing use as soon as reasonably practicable and lodge evidence of it with the Commissioner as soon as reasonably practicable after receiving it.

Held text: NDIS (Restrictive Practices and Behaviour Support) Rules, Comp. No. 1 (F2020C01087).

what an auditor asks to see Application for authorisation with submission date; Authorisation decision and lodgement record with the Commission; Reportable incident notification for the unauthorised use

where it usually falls short Unauthorised use continued without applying for authorisation; Reportable incident not notified

Every Restrictive Practices Rules clause we hold

Restrictive Practices Rules s 17s 17 Specialist behaviour support delivered by an NDIS behaviour support practitioner

A specialist behaviour support provider's specialist behaviour support services must be provided by an NDIS behaviour support practitioner, a person the Commissioner considers suitable.

Held text: NDIS (Restrictive Practices and Behaviour Support) Rules, Comp. No. 1 (F2020C01087).

what an auditor asks to see Register of practitioners with Commission suitability outcomes and proficiency level; Engagement records linking each plan to the practitioner who wrote it; Supervision arrangements for practitioners

where it usually falls short Plans written by staff without a Commission suitability outcome; Suitability lapsed and not renewed

Every Restrictive Practices Rules clause we hold

Restrictive Practices Rules s 13s 13 No authorisation process: still facilitate plans within 1 and 6 months

Where a regulated restrictive practice is used without a behaviour support plan in a State or Territory that requires no authorisation, and use will or is likely to continue, the provider must take all reasonable steps to facilitate an interim plan within 1 month and a comprehensive plan within 6 months after the first use, and demonstrate this if required.

Held text: NDIS (Restrictive Practices and Behaviour Support) Rules, Comp. No. 1 (F2020C01087).

what an auditor asks to see Referral to a specialist behaviour support provider; Interim and comprehensive plans dated within the timeframes; Jurisdiction note confirming no authorisation process applies

where it usually falls short Assumed no action needed because no authorisation is required; Plans not obtained

Every Restrictive Practices Rules clause we hold

Restrictive Practices Rules s 12(2)(c), (d)s 12(2)(c), (d) Unauthorised use: facilitate interim and comprehensive plans

In the same circumstances the provider must also take all reasonable steps to facilitate an interim behaviour support plan covering the practice within 1 month after the first use and a comprehensive plan within 6 months, and demonstrate compliance if the Commissioner requires.

Held text: NDIS (Restrictive Practices and Behaviour Support) Rules, Comp. No. 1 (F2020C01087).

what an auditor asks to see Referral and engagement records with the specialist behaviour support provider; Interim and comprehensive plans with dates measured from first use; Tracker of first-use dates and plan due dates

where it usually falls short Plan timeframe measured from referral date rather than first use; Comprehensive plan overdue

Every Restrictive Practices Rules clause we hold

Restrictive Practices Rules s 24s 24 Lodge every plan and reviewed plan with the Commissioner

A behaviour support plan containing a regulated restrictive practice, including a reviewed plan, must be lodged with the Commissioner as soon as practicable after it is developed, in the manner required, whether or not State or Territory authorisation is required or has been obtained.

Held text: NDIS (Restrictive Practices and Behaviour Support) Rules, Comp. No. 1 (F2020C01087).

what an auditor asks to see Commission portal lodgement records for each interim, comprehensive and reviewed plan; Tracker reconciling plans developed against plans lodged; Lodgement confirmation receipts

where it usually falls short Reviewed plans not re-lodged; Lodgement delayed until authorisation obtained

Every Restrictive Practices Rules clause we hold

Check one changeSee the specimen registerThe one-page sample register