Under the National Disability Insurance Scheme (NDIS), a restrictive practice is any intervention that limits the rights or freedom of movement of a person with disability.
What are the different types of restrictive practices?
There are different types of restrictive practices including:
- Chemical restraint
- Mechanical restraint
- Physical restraint
- Environmental restraint
- Seclusion
What are examples of restrictive practices?
1. Chemical Restraint
A chemical restraint occurs when medication or a chemical substance is used primarily to influence a person’s behaviour. This does not include medications that are appropriately prescribed by a doctor for treating a diagnosed mental disorder, physical illness, or other medical condition.
Example:
If a person with an intellectual disability is prescribed medication to reduce a behaviour such as hitting others, and the primary purpose of the medication is to stop this behaviour—not to treat a diagnosed condition, this would be considered a chemical restraint.
2. Mechanical Restraint
A mechanical restraint involves the use of a device to restrict, prevent, or subdue a person’s movement with the main goal of influencing behaviour, rather than serving a therapeutic or medical purpose.
Examples:
- Not restrictive practice: A seatbelt in a car that the person can remove themselves.
- Restrictive practice: A lap belt in a wheelchair that a person with disability cannot remove on their own.
- Therapeutic (not restrictive): A brace or splint used to support a limb for medical treatment.
3. Physical Restraint
A physical restraint is the use of physical force to restrict, subdue, or prevent movement of a person or part of their body, with the intent of managing behaviour. Important Note:
This does not include reflexive or protective actions, such as using physical contact to stop someone from falling or injuring themselves.
Example:
Holding a person with a disability down to manage a behaviour of concern would be considered physical restraint.
4. Environmental Restraint
An environmental restraint limits a person’s free access to parts of their environment, including specific areas, items, or activities, beyond what would be considered normal community practice.
Examples:
- Ordinary practice (not restrictive): Locking a front door at night for safety, while the person still has the ability to unlock and exit.
- Restrictive practice: Locking a front door to prevent a person with a disability from leaving, with no way for them to open it independently.
5. Seclusion
Seclusion refers to confining a person to a room or physical space where they are prevented from leaving, either physically or through implication.
Example:
A person with a disability who is displaying behaviour that could harm others is placed alone in a room that they are unable to leave. This constitutes seclusion.
What are prohibited restrictive practices?
Certain types of restrictive practices are strictly prohibited under the NDIS, particularly due to the risk of harm they pose. These include:
- Seclusion, which is prohibited for people under the age of 18 in some Australian states and territories.
- Prone restraint, which involves forcing someone to lie face down.
- Supine restraint, which involves forcing someone to lie face up.
- Pinned downs, where a person is physically held to the ground or another surface.
- Basket holds, which involve wrapping around a person’s upper and/or lower body to restrict movement.
- Take-down techniques, which involve forcing a person to fall to the floor.
- Any form of restraint that restricts or inhibits respiratory or digestive function.
- Physical restraint that pushes a person’s head forward onto their chest.
- Physical restraint that seeks to compel compliance by:
- Inflicting pain
- Hyperextending joints
- Applying pressure to the chest or joints
When are restrictive practices permitted?
Restrictive practices are only permitted under the NDIS in specific circumstances, and must comply with strict legislative requirements. Key conditions include:
- A Behaviour Support Plan must be in place, and the use of any restrictive practice must be clearly outlined in that plan.
- A Functional Behaviour Assessment must be conducted as part of developing a Comprehensive Behaviour Support Plan.
- The restrictive practice must be used only as a last resort, after all other evidence-based, person-centred, and proactive strategies have been tried and exhausted.
- The practice must be used for the shortest time possible.
- The chosen restrictive practice must be the least restrictive option available to ensure the person’s rights and dignity are upheld.
- NDIS providers are required to maintain records and report on the use of restrictive practices in accordance with regulatory guidelines.
Who can authorise the use of a restrictive practice?
While specialist behaviour support practitioners are responsible for developing behaviour support plans that may include regulated restrictive practices, they do not have the authority to approve or authorise their use.
Instead, authorisation must be obtained in accordance with the relevant state or territory legislation. Each state or territory has its own specific requirements and processes for authorising restrictive practices, often involving:
- Guardianship tribunals or public advocates
- Authorised program officers or state-appointed delegates
- Behaviour support panels or equivalent regulatory bodies
In addition:
- The behaviour support plan must be submitted to the NDIS Quality and Safeguards Commission for oversight.
- The restrictive practice cannot be implemented until the appropriate authorisation is granted.
- Ongoing review and documentation are required to ensure that the practice remains necessary, effective, and the least restrictive option.
NDIS providers are responsible for ensuring that no restrictive practice is used without the correct authorisation in place, and failure to comply can result in regulatory action.
What are the obligations of service providers regarding restrictive practices?
All NDIS registered providers must ensure they are compliant with the NDIS (Restrictive Practices and Behaviour Support) Rules. This includes:
- Developing and implementing behaviour support plans that are informed by Functional Behaviour Assessments and focus on proactive, positive support strategies.
- Recording and reporting the use of any restrictive practices through the NDIS Commission’s Portal, ensuring transparency and regulatory compliance.
- Seeking and maintaining authorisation for the use of regulated restrictive practices as required by their state or territory.
- Training staff in trauma-informed care, the NDIS Code of Conduct, and the principles of least restrictive practice.
- Reviewing and reducing the use of restrictive practices over time, with a clear commitment to human rights and person-centred support.
What is the role of the NDIS Quality and Safeguards Comission in overseeing restrictive practices?
The NDIS Quality and Safeguards Commission (NDIS Commission) plays a critical role in safeguarding the rights of people with disability by:
- Registering and regulating providers who use regulated restrictive practices.
- Monitoring and reviewing behaviour support plans, including ensuring restrictive practices are used appropriately, documented clearly, and progressively reduced.
- Maintaining the Behaviour Support Practitioner Capability Framework, which sets the standard for practitioners developing behaviour support plans.
- Investigating complaints or reportable incidents involving the unauthorised or unsafe use of restrictive practices (read more here).
- Promoting continuous improvement in behaviour support approaches across the NDIS sector.
What are the risks or consequences of unauthorised use of restrictive practices?
The unauthorised use of restrictive practices can have serious legal, ethical, and operational consequences, including:
- Physical and psychological harm to the person with disability.
- Loss of NDIS registration for providers or disciplinary action against staff.
- Legal action under criminal or civil law, especially where harm or abuse is proven.
- Increased scrutiny from the NDIS Commission, including audits, investigations, and enforced improvement actions.
- Reputational damage for the organisation, which can affect future referrals, staff morale, and funding opportunities.
Ultimately, failing to comply with restrictive practice regulations undermines a person’s human rights and the goals of the NDIS. Therefore the consequences of unauthorised use are severe.
How are individuals living with disability supported to participate in decisions about restrictive practices?
NDIS providers and specialist behaviour support providers must actively engage people living with a disability and their support persons to ensure any use of restrictive practices is evidence-based, trauma-informed, and considered only as a last resort.
All decisions and discussions related to the development of a behaviour support plan—including any restrictive practices—must be clearly documented.
Consent provided by the person with a disability or their support person must be recorded and signed.
Does Take5Learning have any courses I can do on restrictive practices?
Understanding and managing restrictive practices requires ongoing professional development, practical examples, and up-to-date knowledge of legislation.
Take5Learning offers flexible, affordable, and accessible online training designed specifically for NDIS providers and workers to understand the responsibilities under the NDIS Practice Standards and NDIS Code of Conduct, including awareness of restrictive practices.
September 29, 2025
