Implementing behaviour support in New South Wales and South Australia

New requirements under the NDIS (Restrictive Practices and Behaviour Support) Rules 2018 (the Rules) take effect from 1 July 2018. The timeframes for developing and lodging behaviour support plans and reporting restrictive practice use to the NDIS Quality and Safeguards Commission (the NDIS Commission) will vary depending on the circumstances of the person with disability who is an existing client of an existing implementing provider.

Person has a behaviour support plan and is subject to a regulated restrictive practice that has been authorised under the relevant state requirements (s 26 of the Rules)

  • Providers must notify the NDIS Commissioner within three (3) months, unless a longer period has been agreed, that the person has a behaviour support plan that contains alternative behaviour support strategies, the plan expiry date and give details of the authorised regulated restrictive practice. See: Notice of existing behaviour support plans containing regulated restrictive practices (s26). A copy of the behaviour support plan may be requested by the Commissioner.
  • The existing behaviour support plan can be used until it expires or a change of circumstances requires its review, however the existing plan must be reviewed and a new behaviour support plan developed within 12 months.
  • If these conditions are met, the obligations in the Rules relating to developing an NDIS behaviour support plan, lodging it with the NDIS Commission and reporting on the use of the regulated restrictive practice will apply when the existing plan is reviewed and a new behaviour support plan is developed, within 12 months of transition.
  • Note the Commissioner can amend the transition requirements by giving written notice.

Person is subject to a regulated restrictive practice that has been authorised under the relevant state requirements* but does not have a behaviour support plan (s 27 of the Rules)

  • Providers must facilitate the development of a behaviour support plan within six (6) months, unless a longer period has been agreed. See: Behaviour Support Practitioner – Comprehensive behaviour support plan.
  • The obligations in the Rules relating to developing an NDIS behaviour support plan, lodging it with the NDIS Commission and reporting on the use of the regulated restrictive practice will generally apply when the behaviour support plan is developed, no later than 12 months after transition.
  • Note the Commissioner can amend the transition requirements.

Person is subject to a regulated restrictive practice that does not require authorisation under the relevant state requirements and does not have a behaviour support plan (s 28 of the Rules)

Person is subject to a regulated restrictive practice that has not been authorised in accordance with relevant state requirements*, new participants and new providers

Providers registered with the NDIS Commission after 1 July 2018, delivering supports to new NDIS participants from 1 July 2018, or using regulated restrictive practices that have not been authorised in accordance with South Australia’s or New South Wales’ requirements, must comply with all relevant obligations in the NDIS (Restrictive Practices and Behaviour Support) Rules 2018.

*State authorisation and consent requirements

* Information on South Australia’s requirements in relation to authorisation of regulated restrictive practices is available at Disability SA - policies and guidelines.

* Information on New South Wales’ requirements in relation to authorisation of regulated restrictive practices is available at NSW Family & Community Services website or by contacting Restrictivepracticesauthorisation@facs.nsw.gov.au.

  • Note the use of a regulated restrictive practice that has not been authorised in accordance with the relevant state requirements constitutes a reportable incident and must be notified to the Commission. The unauthorised use of a regulated restrictive practice must be notified within five business days of key personnel within the service provider being made aware of the practice. If the use of a restrictive practice results in harm (such as a serious injury) to a participant, the incident must be reported within 24 hours. See: Incident management and reportable incidents (NDIS Providers).

Specialist behaviour support providers to notify details of behaviour support practitioners (s 29 of the Rules)

  • Providers registered to develop specialist behaviour support services must notify the NDIS Commissioner within one (1) month, unless a longer period has been agreed, of the names and details of behaviour support practitioners they employ or engage to undertake behaviour assessments and develop behaviour support plans. See: Notice of behaviour support practitioners employed or engaged by specialist behaviour support providers (s29).
  • Note the Commissioner can amend the transition requirements.
  • The Commissioner will consider the suitability of individuals to undertake behaviour support assessments and develop behaviour support plans (as described in s 5 of the Rules). For transitioning providers in New South Wales and South Australia who have provided the required details as outlined above, the Commissioner may consider behaviour support practitioners as suitable for a period of time, pending assessment against a behaviour support practitioner competency framework (currently being developed).