Level 2 restrictive practices
5 Level 2 restrictive practices
For the purposes of the definition of level 2 restrictive practice in section 23B(1) of the Act, the following restrictive practices and combinations of restrictive practices are declared to be level 2 restrictive practices:
seclusion (being seclusion of a kind declared under regulation 7 not to constitute detention of a person);
environmental restraint consisting of—
the use of electronic monitoring devices worn by a person (however described); or
the locking of external gates and external doors of residential premises (other than where such an act or omission constitutes the detention of a prescribed person); or
the continuous accompanying of a prescribed person by another person; or
the limitation of access to, or use of, a mobility device (including by failing to charge batteries, the application of brakes or otherwise rendering the device inoperative); or
the limitation of access to means of communication;
mechanical restraint that requires the use of force to apply;
physical restraint;
chemical restraint consisting of—
the administration of a drug by means of an invasive procedure;
or
the use of 2 or more psychotropic drugs (whether administered by or on behalf of the same registered NDIS provider or otherwise); or
the use of more than 5 different drugs (whether administered by or on behalf of the same registered NDIS provider or otherwise);
or
hormonal manipulation;
the use of more than 5 level 1 restrictive practices in respect of a particular prescribed person (whether by the same registered NDIS provider or otherwise).
A prohibited restrictive practice will be taken not to be a level 2 restrictive practice.
For the purposes of subregulation (1), preventing access by a prescribed person to an area they are not permitted to enter will be taken not to be an environmental restraint.
[Note: ExampleSuch areas might include staff rooms, staff storage areas and record keeping areas.]
Except where the contrary intention appears, for the purposes of subregulation (1), it is not relevant whether a restrictive practice is used in respect of a particular prescribed person or prescribed persons generally.
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