Disability Inclusion (Restrictive Practices—NDIS) Regulations 2021

For the purposes of section 23C(1)(d) of the Act, the imposition of a condition requiring a prescribed person to obtain the approval of a specified person before they can leave premises is declared to be included in the ambit of that paragraph.

For the purposes of section 23C(1) of the Act, the following acts and omissions are declared not to constitute the detention of a person:

the locking of external gates and external doors of residential premises where NDIS supports and services are provided on a 24 hour basis to a prescribed person in circumstances where the prescribed person does not have such supports as may be reasonably necessary to enable the prescribed person to safely leave the premises at their discretion;

the temporary confinement (not exceeding 2 hours) of a prescribed person in a particular area where the confinement—

occurs in an emergency situation; and

is reasonably necessary to prevent serious harm being caused to the prescribed person or to another person; and

is for the purpose of de‑escalation or self regulation. Such an act or omission may, however, amount to seclusion.