Transitional Arrangements for Residential aged care (RAC) providers
Under the National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 (Behaviour Support Rules), there are special arrangements for RAC providers who transitioned to the jurisdiction of the NDIS Quality and Safeguards Commission (NDIS Commission) on 1 December 2020.
Transitioned RAC providers are exempt from having to comply with sections 9 to 15 of the Behaviour Support Rules for a period determined under section 30(2) of the Rules if on 1 December 2020:
- They were using a regulated restrictive practice with an NDIS participant, AND
- The use of the practice was not contained in a behaviour support plan, OR
- They did not have an authorisation (however described) in relation to the use of the practice (whether or not there was an authorisation process for such practices in place at the time of transition (see section 30 of the Behaviour Support Rules).
The exemption only applies to transitioned RAC providers who submitted an s30 form to notify the NDIS Commissioner of the regulated restrictive practice used in relation to an NDIS participant, by no later than 1 January 2021.
Section 30(4) of the Behaviour Support Rules also requires that transitioned RAC providers that do not have:
- Authorisation for the use of the regulated restrictive practice in relation to the participant (where there is an authorisation process in the State or Territory in which the supports or services are provided), must take all reasonable steps to obtain authorisation by 1 March 2021
- A behaviour support plan for the participant, must take all reasonable steps to facilitate the development of an interim behaviour support plan by 1 March 2021, and a comprehensive behaviour support plan by 1 June 2021
View information about reasonable steps.
The exemption period for a RAC provider is from 1 December 2020 until the earliest of the following events occur:
- 1 December 2021
- If the RAC provider did not notify the NDIS Commissioner of the regulated restrictive practice used in relation to an NDIS participant by 1 January 2021
- If the NDIS Commissioner gives a written notice to the RAC provider that the exemption from compliance with sections 9 to 15 no longer applies.
We have created a flow chart to help RAC providers to determine if the NDIS (Restrictive Practices and Behaviour Support) Rules 2018 apply.
More information about the transitional arrangements is available on the RAC provider page.