1Short title
This Act may be cited as the National Disability Insurance Scheme
(Authorisations) Act 2019.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
Bill homepage (legislation.nt.gov.au)This Act may be cited as the National Disability Insurance Scheme
(Authorisations) Act 2019.
This Act commences on the day fixed by the Administrator by Gazette notice.
In this Act:
affected person, see section 21(2).
approved form means a form approved under section 32.
authorisation means an authorisation to apply a restrictive practice to a participant in accordance with a behaviour support plan.
aversion means a practice or action that may be experienced by a person as noxious, unpleasant or painful.
behaviour support plan means a plan:
developed by an NDIS behaviour support practitioner in accordance with the NDIS Rules for a participant; and
that describes the strategies to be used in supporting the participant's behaviour.
Note for definition
behaviour support plan
A behaviour support plan may also integrate relevant orders such as orders in relation to supervision, monitoring or management conditions of the participant.
CEO means the Chief Executive Officer.
chemical restraint, see paragraph (b) of the definition
regulated restrictive practice in rule 6 of the NDIS
Rules.
denial of key needs, see section 6.
environmental restraint, see paragraph (e) of the definition regulated restrictive practice in rule 6 of the NDIS Rules.
guidelines means the guidelines made by the Senior
Practitioner under section 12.
internal reviewer means a public sector employee appointed under section 23(1) to review a reviewable decision and to make a recommendation to the CEO under section 25(2).
interim authorisation means an authorisation to apply a restrictive practice to a participant in accordance with an interim behaviour support plan.
interim behaviour support plan means an interim behaviour support plan within the meaning of the NDIS Rules.
mechanical restraint, see paragraph (c) of the definition regulated restrictive practice in rule 6 of the NDIS Rules.
misuse of medication means the administration to a person, contrary to the instructions of the prescriber, of medication prescribed for the purpose of influencing the person's behaviour, mood or arousal levels.
NDIS Act means the National Disability Insurance
Scheme Act 2013 (Cth).
NDIS behaviour support practitioner, see rule 5 of the
NDIS Rules.
NDIS provider, see section 9 of the NDIS Act.
NDIS Rules means the National Disability
Insurance Scheme (Restrictive Practices and Behaviour Support) Rules
2018 (Cth).
overcorrection means a practice where the response to an event is disproportionate to the event itself.
Example for definition overcorrection
Making a child or young person clean an entire room because they tipped their meal on the floor.
participant, see section 9 of the NDIS Act.
physical restraint, see paragraph (d) of the definition
regulated restrictive practice in rule 6 of the NDIS
Rules.
restrictive practice, see section 7.
reviewable decision, see section 21(1).
seclusion, see paragraph (a) of the definition
regulated restrictive practice in rule 6 of the NDIS
Rules.
Senior Practitioner means the Senior
Practitioner appointed under section 9.
Tribunal affected person, see section 28(2).
Note for section 3
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
This Act applies in relation to NDIS providers who seek to apply restrictive practices to participants in the delivery of services to participants.
If a participant is also a person to whom Part 4 of the
Disability Services Act 1993 applies, this Act prevails.
(1) The principles to be taken into account by NDIS providers in delivering services to participants with behaviour that has the potential to cause harm to themselves or others are that:
(a) participants are individuals who have the inherent right to respect for their human worth and dignity; and
(b) participants, whatever the origin of the participant's disability, nature, type and degree of disability, have the same basic human rights as other members of Australian society; and
(c) participants have the same rights as other members of Australian society to realise their individual capacities for physical, social, emotional and intellectual development; and
(d) participants have the same right as other members of Australian society to services that will support their attaining a reasonable quality of life; and
(e) participants and their families have the same right as other members of Australian society to participate in decisions that affect their lives; and
(f) participants receiving services have the same right as other members of Australian society to be able to determine their own best interests in relation to those services, including the right to exercise choice and control; and
(g) participants have the same right as other members of Australian society to be connected to family, community, culture and country; and
(h) participants have the same right as other members of Australian society to engage as equals and actively participate in decisions that will affect their lives, support and care to the full extent of their capacity, including in the provision of behaviour support; and
(i) participants receiving services have the same right as other members of Australian society to receive those services in a manner that results in the least restriction of their rights and opportunities; and
(j) participants receiving services should actively participate in decisions about their lives, support and care including behaviour support that is informed by evidenced-based best practice; and
(k) participants have the same right as other members of Australian society of the pursuit of a grievance in relation to services.
The service must be provided in a way that:
(a) aims to reduce or eliminate the need to use restrictive practices; and
recognises that:
(i) restrictive practices should occur in limited and specific circumstances; and
restrictive practices should be used as a last resort; and
(c) utilises the least restrictive practice for the shortest period of time practical in the circumstances; and
(d) ensures transparency and accountability in the use of restrictive practices; and
(e) recognises that restrictive practices should not be used punitively or in response to behaviour that does not cause harm to the participant or others; and
(f) ensures that any restrictive practices are only used in a way that is consistent with a behaviour support plan or an interim behaviour support plan for the participant.
(3) The service must be regularly reviewed for its suitability for the participant.
(1) Denial of key needs means to prevent a person's access to basic needs or personal supports.
In subsection (1), personal supports includes the following:
family;
friends;
peers;
advocates;
possessions.
Restrictive practice means any practice or intervention that has the effect of restricting the rights or freedom of movement of a person with a disability, and includes the following:
seclusion;
chemical restraint;
mechanical restraint;
physical restraint;
environmental restraint.
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 8
Part
IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
The Minister must appoint a public sector employee to be the
Senior Practitioner.
The Minister must be satisfied that the employee has the qualifications, clinical experience and personal qualities necessary to exercise the Senior Practitioner's powers and perform the Senior
Practitioner's functions.
The Senior Practitioner has the following functions:
to promote the reduction and elimination of the use of restrictive practices by NDIS providers to the greatest extent possible;
to ensure to the greatest extent possible that the rights of participants who may be subject to restrictive practices are protected;
to develop guidelines to support NDIS providers in relation to the use of restrictive practices;
to support NDIS providers to develop and deliver practice innovation in the reduction and elimination of restrictive practices according to the intent of the legislation in relation to the
National Disability Insurance Scheme;
to ensure that the authorisation of restrictive practices is compatible with the United Nations Convention on the Rights of
People with Disabilities 2006;
to disseminate information and provide education about restrictive practices and the rights of participants;
to provide high level authoritative advice in relation to contemporary clinical practice developments occurring at national or international levels in relation to the safe elimination or reduction of restrictive practices;
to build capacity in the disability service sector through increasing the level of awareness and understanding of restrictive practices within the sector and contributing to a reduction in the use of restrictive practices;
to develop and foster extensive and effective relationships with a diverse group of persons or entities that have an interest in or would be affected by the use of restrictive practices in the disability service sector to influence practice and enable positive change.
The Senior Practitioner may do all things necessary or convenient to be done for, or in relation to, the performance of the Senior
Practitioner's functions.
The Senior Practitioner may make guidelines for this Act, including guidelines in relation to the use of restrictive practices.
In developing guidelines under this section, the Senior
Practitioner must consult with relevant persons or entities in the disability service sector and community members as appropriate.
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