Behaviour Support Plans Under Scrutiny
The NDIS Quality and Safeguards Commission (NDIS Commission) has further escalated its regulatory response to NDIS behaviour support providers who do not comply with the requirements of the National Disability Insurance Scheme Act 2013 (the NDIS Act) and related Rules.
NDIS Quality and Safeguards Commissioner Tracy Mackey said the NDIS Commission was scrutinising the development of Behaviour Support Plans (BSPs) focussing on the reduction and elimination of restrictive practices as part of its escalated compliance activities.
“I have written to 7858 NDIS behaviour support providers and practitioners setting out my clear expectations for the development of BSPs, as well as providing information and resources to help providers understand and comply with their legislative requirements,” Commissioner Mackey said.
“Our new Policy Guidance provides clear and easy to follow advice on exactly what is expected of specialist behaviour support providers and NDIS behaviour support practitioners when developing BSPs that contain regulated restrictive practices.
“Providers are expected to develop high quality, evidence-informed BSPs that comply with all requirements; to consult with the participant and the people who support them throughout the development process; and to ensure people with disability and their supporters are provided with behaviour support plans and other information in appropriately accessible formats.
“We have also published a new Regulated Restrictive Practices Summary and Protocols document on the NDIS Commission website to guide providers when considering regulated restrictive practices.
“This is the first step in revising the existing BSP templates to reflect contemporary evidence and uphold participant’s rights, and should be used with the BSP Checklists to ensure legislative requirements are met, improve the quality of BSPs, and to focus on the reduction and elimination of restrictive practices.
“The new BSP resources build on our existing Practice Guides and Evidence Summaries and aim to further promote the reduction and elimination of restrictive practices in a safe and competent manner with care and skill.
“The registration of a specialist behaviour support provider is subject to the condition that the regulated restrictive practices included in a behaviour support plan must, amongst other things, be used only as a last resort, be the least restrictive response, reduce the risk of harm, be proportionate and be used for the shortest possible time.
“Providers who breach the conditions of their registration by not meeting any of these requirements will be held to account and may be subject to compliance and enforcement action.”