More fines and a warning to providers about unauthorised regulated restrictive practices
The NDIS Quality and Safeguards Commission has issued a stern warning to more than 3,000 providers that are registered to use regulated restrictive practices, reminding them of their legal obligations under the National Disability Insurance Scheme Act 2013 and related Rules.
The warning comes after the NDIS Commission issued more than $1.1 million in infringement notices to providers in recent weeks, and a further $500,760 in the last week, for a range of alleged contraventions and failures relating to the unauthorised use of regulated restrictive practices.
In a letter dated 23 October 2023, Acting Deputy Commissioner, Practice Quality and Clinical Advisory, Kenneth Teoh, put providers on notice that the NDIS Commission had escalated its compliance and enforcement approach, and urged providers to take “immediate action”.
“To ensure your organisation complies with its obligations … you should take immediate action to review the procedures, systems and controls your organisation has in place to comply with the Act and the Rules,” Mr Teoh wrote.
“You should also review your supports and services to participants to ensure they are delivered in a safe and competent manner, with care and skill, and with the participants’ rights and safety foremost in mind.”
Common contraventions by NDIS providers include failures to:
- authorise restrictive practices in accordance with the authorisation process;
- develop a behaviour support plan within the timeframe;
- lodge a behaviour support plan with the Commission;
- use restrictive practices in accordance with behaviour support plan;
- meet requirements for how a behaviour support plan is developed; and
- meet requirements for contents of a behaviour support plan.
Anyone can contact the NDIS Commission with their concerns about the way in which NDIS services and supports are being delivered, by:
- Phoning: 1800 035 544 (free call from landlines) or TTY 133 677. Interpreters can be arranged.
- National Relay Service and ask for 1800 035 544.
- Completing a complaint contact form available on our website.
The NDIS Commission is the national regulator of supports and services provided to people with disability who participate in the National Disability Insurance Scheme (NDIS).
The NDIS Commission’s Regulated Restrictive Practices Guide outlines a contemporary framework for NDIS providers and behaviour support practitioners, and was developed in consultation with people with disability, allied health professionals and other key stakeholders.
Phone: 0455 518 095