General provisions relating to use of restrictive practices
23M General provisions relating to use of restrictive practices
Nothing in this Part authorises the use of restrictive practices—
as a punishment or for the convenience of others; or
to address inadequate levels of staffing, equipment or facilities.
A prescribed NDIS provider may only use restrictive practices (including restrictive practices of a particular kind) if, in the opinion of the prescribed NDIS provider, there is no other way to minimise the risk of harm, or to prevent further harm from being caused, that is reasonably available in the circumstances.
A prescribed NDIS provider may be assisted in the use of restrictive practices by such persons as the prescribed NDIS provider thinks fit.
A person may use reasonable force in the course of using restrictive practices under this Part (however, the use of force is to be a last resort and must be reasonably necessary to enable the use of restrictive practices in the circumstances).
To avoid doubt, restrictive practices may be used in relation to a prescribed person—
without the consent of the prescribed person; or
despite a refusal of the prescribed person to consent to the use of restrictive practices.
To avoid doubt, restrictive practices may be used in relation to a prescribed person who is a child.
This provision refers to the regulations (prescribed person
). Made under this Act:
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