Restrictive practices are sometimes used as a last resort in disability support, and they come with strict rules designed to protect participants. This article explains what restrictive practices are, how they're regulated and authorised, and the safeguards families can expect.
What Counts as a Restrictive Practice
Restrictive practices are actions that restrict a person's rights or freedom of movement. They fall into five broad categories recognised under the NDIS framework. Chemical restraint involves the use of medication to control behaviour rather than to treat a diagnosed condition. Physical restraint involves a person's body being used to prevent or restrict movement. Mechanical restraint uses a device or equipment for the same purpose. Seclusion involves confining a person alone in a room or area, with the ability to leave restricted. Environmental restraint involves restricting access to parts of a home or facility, or to items a person would normally use freely.
Any of these practices can only ever be considered when less restrictive options have been tried or ruled out, and even then, they must be part of a documented plan overseen by a qualified behaviour support practitioner. They are never meant to be routine or convenient responses to challenging behaviour.
Regulated Versus Unregulated Restrictive Practices
Not every restrictive practice is treated the same way. "Regulated" restrictive practices are those formally defined under state, territory and Commonwealth frameworks, and they require formal authorisation before they can be used, along with reporting obligations for the provider. These are the practices most families will hear about in relation to behaviour support plans.
"Unregulated" restrictive practices are actions that still restrict a person's rights or movement but fall outside the formal legal definitions in a particular state or territory. This doesn't mean they are automatically acceptable. Providers are still expected to apply the same principles of minimising restriction, documenting reasons, and working towards reduction, and NDIS Practice Standards require any restrictive practice to be identified and addressed appropriately.
Authorisation Requirements
Before a regulated restrictive practice can be used, it generally needs two things in place: inclusion in an interim or comprehensive behaviour support plan developed by a registered behaviour support practitioner, and formal authorisation through the relevant state or territory authorisation process. Authorisation processes differ across Australia, but they typically involve consent from a guardian, family member or authorised representative, and sign-off confirming the practice is the least restrictive option available and is time-limited rather than open-ended.
Providers are required to report the use of restrictive practices, including unauthorised use, to the NDIS Quality and Safeguards Commission on a regular basis. If a restrictive practice is used without proper authorisation, this is treated as a reportable incident.
The Role of the NDIS Quality and Safeguards Commission
The NDIS Quality and Safeguards Commission is the independent regulator responsible for oversight of restrictive practices across the scheme. It doesn't authorise individual practices itself, since that sits with state and territory systems, but it monitors registered providers' compliance with behaviour support and restrictive practice requirements, receives reports on restrictive practice use, and can investigate when practices appear excessive, unauthorised or poorly reviewed.
The Commission also sets expectations through the NDIS Practice Standards, which require registered providers to have policies on restrictive practices, ensure staff are trained appropriately, and demonstrate genuine efforts toward reduction and elimination rather than long-term reliance. Families can contact the Commission directly if they have concerns about how a restrictive practice is being used or reported.
The Behaviour Support Practitioner's Role and the Family's Part in Review
A registered behaviour support practitioner is responsible for assessing the reasons behind a person's behaviour and developing a plan that addresses underlying needs, not just the behaviour itself. Where a restrictive practice is included, the plan must set out clear strategies aimed at reducing and, where possible, eliminating its use over time.
Families and carers play an active role in this process. Reviews of behaviour support plans should involve family input on whether strategies are working, whether the restrictive practice is still necessary, and whether the person's quality of life is improving. Families are entitled to ask when the plan will next be reviewed, what data is being collected to track progress, and what the pathway looks like toward reducing restriction.
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For current information on Nhanya's NDIS registration, search the NDIS Commission Provider Register at ndiscommission.gov.au.
Contact Nhanya Foundation at nhanya.org.au/contact or call 03 8595 9012. Referrals can be submitted at nhanya.org.au/referral.
Frequently Asked Questions About Restrictive Practices and the NDIS: What Families Need to Know
Can a provider use a restrictive practice without a behaviour support plan?
No. Restrictive practices are meant to be linked to a documented behaviour support plan developed by a qualified practitioner, and providers are expected to work toward formal authorisation. Using one outside this process is generally treated as a reportable incident to the NDIS Quality and Safeguards Commission.
What's the difference between a regulated and unregulated restrictive practice?
Regulated restrictive practices are formally defined under state, territory or Commonwealth law and require authorisation and reporting. Unregulated practices fall outside those formal definitions but still restrict a person's rights, so providers are still expected to justify, document and work to reduce them.
Who authorises the use of a restrictive practice?
Authorisation happens through state and territory processes, usually involving consent from a guardian or authorised representative along with confirmation that the practice is necessary and time-limited. The NDIS Quality and Safeguards Commission oversees provider compliance and reporting but doesn't issue the authorisation itself.
What should I do if I think a restrictive practice is being used unnecessarily?
Start by raising it directly with the behaviour support practitioner or provider and asking for the current plan and review timeline. If you remain concerned, you can contact the NDIS Quality and Safeguards Commission, which can look into how the practice is being used and reported.
How often should a behaviour support plan involving restrictive practices be reviewed?
Review timeframes depend on the plan and jurisdiction, but plans involving restrictive practices are generally reviewed more frequently than standard plans, given the reduction and elimination goals involved. Families can ask the behaviour support practitioner directly what the review schedule is for their specific plan.