National Disability Insurance Scheme (Authorisations) Act 2019

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:

participants are individuals who have the inherent right to respect for their human worth and dignity; and

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

participants have the same rights as other members of Australian society to realise their individual capacities for physical, social, emotional and intellectual development; and

participants have the same right as other members of Australian society to services that will support their attaining a reasonable quality of life; and

participants and their families have the same right as other members of Australian society to participate in decisions that affect their lives; and

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

participants have the same right as other members of Australian society to be connected to family, community, culture and country;

and

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

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

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

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:

aims to reduce or eliminate the need to use restrictive practices; and

recognises that:

restrictive practices should occur in limited and specific circumstances; and

restrictive practices should be used as a last resort; and

utilises the least restrictive practice for the shortest period of time practical in the circumstances; and

ensures transparency and accountability in the use of restrictive practices; and

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

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.

The service must be regularly reviewed for its suitability for the participant.