Persons with Disability (Regulation of Restrictive Practices) Bill 2021

About the draft Bill

The Persons with Disability (Regulation of Restrictive Practices) Bill 2021 outlines how restrictive practices will be authorised in NSW.

To learn more about the proposed law, please read the draft Bill (PDF , 323.8 KB) and the companion paper (PDF , 478.8 KB).

Our commitment

The Bill will help us achieve our commitment towards the national goal of reducing and eliminating restrictive practices. It will help ensure that restrictive practices are only used when necessary, to protect the person and others from harm.

This commitment promotes the human rights of people with a disability so they can live free from abuse, neglect and exploitation. It is consistent with the United Nations Convention on the Rights of Persons with Disabilities (CRPD).

More control for people with disability

The safety and wellbeing of people with disability will always remain at the centre of decision-making.

The Bill will give people with disability and their representative greater say in when and how restrictive practices are used.

Through the Bill, 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.

Using restrictive practices

We’re making sure the use of restrictive practices is safer for people with disability in NSW and is supported by legislation.

The Bill puts in place and improves upon 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 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 (ADC) will oversee all authorisation and public reporting of restrictive practices in NSW.
  • Independent review and appeal processes will be available for authorisation decisions.

Findings report

In 2019, the NSW Government held consultations across NSW to understand people’s views on the authorisation of the use of Restrictive Practices. All findings from these consultations are detailed in the findings report on this page.

The report summarises the key themes and findings from the public consultation process. These findings will be used to shape the Persons with Disability (Regulation of Restrictive Practices) Bill 2020, which is currently being drafted.

A full version of the findings report is available in PDF and Microsoft Word formats. The executive summary of the report is available in Easy Read and community language versions under Translations and Easy Read versions below.

Download the report:

More information about Restrictive Practices

DCJ has published a range of fact sheets to help explain Restrictive Practices and their use in NSW. Please visit the Restrictive Practices Authorisation Portal to view our fact sheets.

Contact

If you have any questions about the Persons with Disability (Regulation of Restrictive Practices) Bill 2021 or to request an accessible version of a document on this page, please contact policy@justice.nsw.gov.au

Last updated:

04 Aug 2022

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