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.