NDIS Behaviour Support Plan Implementation in Adelaide and Perth

The National Disability Insurance Scheme Act 2013 (NDIS Act) defines a restrictive practice as “any practice or intervention that has the effect of restricting the rights or freedom of movement of a person with disability”.

Certain types of restrictive practices are defined as regulated restrictive practices by the NDIS (Restrictive Practices and Behaviour Support) Rules 2018. The use of regulated restrictive practices are defined in law, subject to regulation and require certain reporting requirements.

Restrictive practices are typically only applied by registered SIL providers who are also registered to implement behaviour support plans and regulated restrictive practices.

The NDIS identifies five different types of restrictive practices that it regulates, defined as follows:

1. Seclusion: When the person is in a room or a space alone and is not allowed to leave. For example, they might be in a locked room. They might be told that they cannot leave even if the door is open.
2. Chemical restraint: When the person is given medicine to stop or reduce their behaviour. Our medication purpose form can help clarify the purpose of the medication.
3. Mechanical restraint: When a device or equipment is used to stop or reduce a person’s behaviour. It can make it hard for them to move or access a certain part of their body.
4. Physical restraint: When someone holds the person or a part of their body so they cannot move freely. They hold the person to stop or reduce their behaviour.
5. Environmental restraint: When the person is stopped from having or doing certain things. Or when the person is stopped from accessing certain places in their home or community.

Additional to the NDIS, there is state legislation that disability services providers are required to adhere to which includes review and authorising of regulated restrictive practices.

This process recognises that there are certain types of restrictive practice that are prohibited and unable to be used in any circumstance; and also that other restrictive practices should be minimised.

At Hope Circle, we are a registered SIL provider who is also registered to be able to implement behaviour support plans and regulated restrictive practices. We work closely with the Restrictive Practices Unit in South Australia for to review and authorise restrictive practices for each client who has them, providing much-needed transparency to this practice.

Regulated restrictive practices can only be used by registered NDIS service providers who are also registered by the NDIS as an Implementing Provider.

These practices ultimately aim to minimise or prevent the risk/harm to the participant and others around them.

Restrictive practices should only be used in limited circumstances, as a last resort and when authorised. Use of a regulated restrictive practice – which has not been authorized – needs to be reported to the NDIS as an unauthorised restrictive practice, and that reporting continues each time the restrictive practice is used up until it is authorised or ceased.

Authorised restrictive practices are also reported to the NDIS Quality & Safeguards Commission to ensure transparency.

There are both national and state laws that govern how restrictive practices are applied, by whom, and how they are reported.

The legislative framework recognises that there’s often a fine line between keeping a NDIS participant safe and placing unnecessary restrictions on them – all of which is an important part of ensuring the human rights of the person with disability.

At Hope Circle, we are a registered SIL provider who is also registered to be able to implement behaviour support plans and regulated restrictive practices.

A behaviour support plan is a document written by a behaviour support practitioner. Using evidence-based strategies and individualised approaches, a behaviour support plan focuses on understanding root causes of behaviours and implementing effective intervention strategies.

The NDIS identifies that there are two types of behaviour support plan:

1. Interim behaviour support plan – a short document that includes ways to help keep the person with a disability and others safe. The main focus of the plan is to protect the person and lower risks. It includes:

• strategies that help prevent the behaviour from occurring
• strategies to reduce harm when the behaviour is occurring
• if, when, and how certain regulated restrictive practices may be used.

2. Comprehensive behaviour support plan – a more detailed plan based on a behaviour support assessment. The assessment explains the person’s behaviour, what is happening and why. Based on the information in the assessment, the plan builds on the interim plan and includes:

• strategies to help improve the person’s life and create positive change
• supports to change things around the person to meet their needs
• strategies to teach the person new skills
• if, when, and how certain restrictive practices may be used and gives detailed steps on how to reduce and eliminate them over time
• strategies for staff to implement and monitor to ensure they are providing support that meets the individual’s specific needs and managing any behaviours of concern in the most effective way possible.

As a registered implementing provider, Hope Circle works collaboratively with the Behaviour Support Practitioner to provide evidence and input to strategies and the plan.

An Implementing Provider is the term used to describe a SIL or in-home & community support disability services provider that is registered to be able to implement regulated restrictive practices under the NDIS.

Put more simply, an Implementing Provider puts a Behaviour Support Plan in to practice!

At Hope Circle, we are a registered SIL provider who is also registered to be able to implement behaviour support plans and regulated restrictive practices.

Yes, in addition to being a registered NDIS provider for SIL and in-home & community support, Hope Circle is also a registered implementing provider of regulated restrictive practices. We work under both national and state legislation in doing so.

An Implementing Provider of regulated restrictive practices is a NDIS provider that uses a regulated restrictive practice when delivering NDIS supports to a participant. For example, support workers restricting a participant’s free access to the community due to behaviours of concern are implementing a regulated restrictive practice.

Disability service providers implementing a behaviour support plan with the use of regulated restrictive practices need certain capability and capacity to manage this.

Per guidance from the NDIS, Implementing providers are required to:

• be registered with the NDIS Commission for the type of support they are providing
• be assessed and audited against Practice Standard Module 2A: Implementing behaviour support plans
• take all reasonable steps to facilitate the development of a behaviour support plan
• notify the NDIS Commission of any reportable incidents in relation to the use of regulated restrictive practices
• obtain authorisation in accordance any state requirements and lodge evidence of authorisation with the NDIS Commission
• report monthly to the NDIS Commission on the use of regulated restrictive practices.
• implement strategies and supports aimed at building skills and improving independence, which help with gradually phasing out restrictive practices.

Hope Circle doesn’t just work to meet the compliance requirements for regulated restrictive practices – we take a proactive approach to work with a NDIS participant and their circle of support to implement strategies to help reduce them.

At Hope Circle, we support clients in the context of supported independent living or SIL housing. There are a number of strategies we use including:

• General training of staff in relation to restrictive practices and reporting requirements
• Client-specific training of staff in implementation of the individual client’s restrictive practices
• Incident reporting when a restrictive practice is applied
• Daily reviews of incident reports
• Support and coaching of disability support workers
• Oversight by key staff with specialist skills and experience
• Communication and collaboration with key stakeholders, including feedback to the behaviour support practitioner
• Reporting and liaising with regulatory authorities, state and national.

You can read more about our results and how we do it here.

It’s easy to get started with Hope Circle as your new NDIS disability services or SIL provider. Follow the link here to submit a form or call us.