NDIS regulator launches national inquiry into practices that restrict the liberty of people with disability
The NDIS Quality and Safeguards Commissioner has launched an inquiry into the use of seclusion in disability support services following reports that current practices may inappropriately limit the freedoms of people with disability.
The Own Motion Inquiry will seek to:
- understand the causes and impacts of these practices,
- assess whether existing safeguards are effective, and
- develop recommendations to strengthen oversight, improve provider practices, and maximise participants' independence, autonomy and freedom of movement.
The inquiry has been initiated in response to complaints, reportable incidents and other regulatory intelligence available to the Commission. The Commissioner is concerned that people with disability may be subjected to unlawful or unnecessary deprivation of liberty through the prolonged use of authorised seclusion, and the routine or unauthorised use of seclusion. These practices may limit a person's freedom of movement by stopping them from leaving a room, area or environment, or by creating circumstances that make them believe they cannot leave.
The inquiry reflects the Commission's statutory remit to upholding the rights of people with disability, including their right to liberty, freedom of movement, dignity and independence.
NDIS Commissioner Louise Glanville said the inquiry would shine a light on practices that can have serious impacts on people's freedom, dignity, wellbeing and human rights.
“Every person has the right to liberty, dignity and autonomy,” Commissioner Glanville said.
“The inquiry will investigate the prevalence, causes and impacts of authorised and unauthorised seclusion in NDIS-funded supports, including whether these practices may result in a deprivation of liberty and whether existing safeguards are effectively protecting participants' rights.”
Commissioner Glanville said people with lived experience would be central to the inquiry.
“People with disability are the experts in their own lives,” she said.
“We want to hear directly from participants, families and advocates about their experiences and what changes they believe are needed to strengthen protections.
“The experiences and insights shared will help us identify practical measures to make supports safer and better protect people's rights and freedoms.”
“This inquiry is about ensuring people with disability are supported in ways that respect their rights, maximise their independence and safeguard their freedom and dignity.”
The inquiry is expected to deliver findings and recommendations in February 2027.
The Commission is inviting people with disability, families, advocates, providers and other stakeholders to share their experiences and perspectives as part of the inquiry.
More information about the Inquiry is available at Deprivation of liberty | NDIS Quality and Safeguards Commission.
ENDS