Lawful Use of Regulated Restrictive Practices: Ethical & Compliant Care

Lawful use of regulated restrictive practices ensures ethical, safe, and compliant disability support under the NDIS framework while protecting participant rights.

The lawful use of regulated restrictive practices under the NDIS ensures participant safety while protecting human rights. Providers must follow strict authorisation, reporting, and behaviour support requirements to stay compliant and promote the reduction and elimination of restrictive practices.

Restrictive practices remain one of the most challenging and sensitive areas for NDIS providers. The NDIS Commission has made this a key priority and continues to work towards their reduction and eventual elimination, because of the serious ethical and human rights issues involved. For providers and other practitioners, knowledge of the legal framework around regulated restrictive practices is essential to ensure compliance, protect participants’ dignity and avoid significant regulatory consequences.

Understanding Regulated Restrictive Practices

Restrictive practices are those interventions or actions that limit the rights or freedom of movement of a person with disability. There are 5 types of regulated restrictive practices under the NDIS (Restrictive Practices and Behaviour Support) Rules 2018.

• Seclusion – placing a person in isolation in a room or area to which they are not free to leave.
• Chemical restraint – administering medication for the purpose of influencing behaviour or controlling movement, other than for a medically prescribed reason.
• Mechanical restraint – using a device to limit a person’s movement or control their behaviour.
• Physical restraint – the use of physical force to prevent, restrict or subdue a person’s movement.
• Environmental restraint – the limiting of a person’s access to the environment (e.g. locking doors, cupboards).

Restraint and restrictive practices can sometimes be considered necessary to avoid imminent harm to the person or others. However, this should only be the case where all less restrictive alternatives have been attempted and failed.

The Legal Framework

Restrictive practices are highly regulated under both Commonwealth and state/territory legislation. The NDIS Commission is responsible for regulating compliance with Commonwealth legislation, and each state and territory has its own authorisation scheme.

The NDIS Act 2013 and the accompanying Restrictive Practices and Behaviour Support Rules specify that a restrictive practice can only be used if:

• it is authorised or permitted under the relevant state or territory legislation; and
• it is included in a behaviour support plan (BSP) that is developed by a registered Specialist Behaviour Support Practitioner; and
• it is implemented in accordance with that plan, including data collection and reporting to the NDIS Commission.

These requirements are underpinned by a dual obligation to both protect the human rights of the participant and to protect the safety of the participant and others.

The Authorisation Process

Authorisation is not simply administrative — it is a legal safeguard ensuring accountability and oversight. Each state and territory has its own framework for authorising restrictive practices, but generally, providers must:

1. Apply for authorisation before implementing a restrictive practice.
2. Demonstrate necessity, showing that the practice is the least restrictive option available.
3. Provide supporting documentation, including behaviour support assessments and risk evaluations.
4. Maintain ongoing review and reporting, ensuring practices are regularly reassessed and phased out where possible.

Behaviour Support Practitioners play a pivotal role in this process. They must prepare a BSP that clearly identifies the behaviour of concern, outlines positive behaviour support strategies, and documents how any restrictive practice will be monitored, reviewed, and reduced over time.

The NDIS Commission reviews this information to ensure compliance and may request modifications or issue compliance notices if providers fail to meet their obligations.

The NDIS Commission’s Objective: Reduction and Elimination

The NDIS Commission has made it clear that the ultimate goal is to reduce and eliminate the use of restrictive practices. This priority aligns with Australia’s obligations under the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which promotes autonomy, inclusion, and the protection of human rights.

To achieve this, the Commission focuses on three key areas:

1. Education and capacity-building – Providing training and resources to help providers understand alternatives to restrictive practices.
2. Behaviour support and reporting – Requiring detailed data collection to identify trends and promote accountability.
3. Compliance and enforcement – Investigating providers who fail to meet standards, with penalties for unauthorised or excessive use.

Providers are expected to take proactive steps to minimise restrictive practices by investing in staff training, adopting evidence-based positive behaviour support strategies, and embedding a culture of respect and dignity across all service delivery.

Best Practice for Providers

To remain compliant and ethical, NDIS providers should integrate the following best-practice principles into their operations:

• Prioritise positive behaviour support (PBS) – Focus on understanding the underlying causes of behaviour and addressing them through skill development, communication strategies, and environmental adjustments.
• Document everything – Maintain thorough records of assessments, authorisations, reviews, and incident reports.
• Train all staff – Ensure every team member understands what constitutes a restrictive practice and the procedures for lawful implementation.
• Engage families and advocates – Collaboration helps ensure that the participant’s voice and preferences are respected.
• Regularly review BSPs – Behaviour support plans should evolve as participants’ needs and circumstances change.

Compliance is not static — it requires ongoing attention, review, and adaptation to new Commission guidance or state-based policy updates.

Towards a Rights-Based Future

Australia’s NDIS regulatory framework reflects an ongoing commitment to uphold the rights and dignity of people with disability. While restrictive practices may sometimes be necessary, they should never be routine. The emphasis on authorisation, oversight, and behaviour support ensures that every decision is made in the best interests of the participant.

For legal and compliance professionals, understanding these frameworks is crucial — not just for risk management, but to contribute to a system that respects human rights and fosters independence. As discussed frequently in law podcast Australia episodes and explored in disability law for NDIS providers training, the lawful use of restrictive practices is about far more than ticking compliance boxes — it embodies accountability, compassion, and a shared vision for a safer, more respectful disability support sector.

FAQs

1. What are regulated restrictive practices under NDIS?
   Regulated restrictive practices are actions that limit a person’s movement or rights, like seclusion or restraint. They’re only allowed when necessary, authorised, and included in a Behaviour Support Plan. Each use must meet strict NDIS and state regulations.
2. How can NDIS providers use restrictive practices lawfully?
   Providers must gain state authorisation, include the practice in a Behaviour Support Plan, and report data to the NDIS Commission. They should prove it’s the least restrictive option and continually review its necessity.
3. Why is authorisation important for restrictive practices?
   Authorisation ensures transparency, accountability, and participant safety. It legally confirms that all alternatives have been tried and that the restrictive method is truly necessary under the law.
4. What is the NDIS Commission’s goal with restrictive practices?
   The Commission aims to reduce and eventually eliminate restrictive practices. It promotes education, positive behaviour support, and strict compliance monitoring to protect participant dignity and autonomy.
5. What are best practices for NDIS providers to stay compliant?
   Providers should use positive behaviour support, train staff, document all authorisations, and regularly review Behaviour Support Plans. Engaging families and advocates helps ensure decisions respect participants’ rights.