Registered NDIS providers who develop behaviour support plans (specialist behaviour support providers) or use regulated restrictive practices (implementing providers) have a responsibility to:
- protect the rights of people with disability
- work together to help improve a person’s quality of life
- reduce and stop the use of regulated restrictive practices.
The following rules are legislative requirements that specialist behaviour support providers and implementing providers must follow. The NDIS Commission can take regulatory actions if an NDIS provider does not follow the rules. See the Compliance and Enforcement policy.
The rules place clear responsibilities on NDIS providers to deliver high quality supports, reflect on current practices, and take action to improve outcomes for people with disability.
These are some of the rules under the NDIS Act. It is important to be aware of all your obligations as a specialist behaviour support provider or implementing provider by referring to the legislation.
Legislation
Specialist behaviour support providers must follow these rules under the NDIS Act:
Specialist behaviour support providers and NDIS behaviour support practitioners
An NDIS behaviour support practitioner is a person the Commission considers suitable to develop functional behaviour assessments and behaviour support plans.
NDIS behaviour support practitioners work closely with NDIS participants and others to:
• develop a behaviour support plan
• put the behaviour support plan into action
• check to make sure things are getting better over time.
Specialist behaviour support providers must engage an NDIS behaviour support practitioner when developing behaviour support plans for participants.
More information:
Become a specialist behaviour support provider
Specialist behaviour support providers must be registered to provide specialist behaviour support services to NDIS participants. You need to be registered with the NDIS Commission and have the registration group 0110 Specialist positive behaviour support.
Specialist behaviour support providers must engage an NDIS behaviour support practitioner to develop a behaviour support plan. This applies to plans that don't include a restrictive practice.
Apply to become an NDIS behaviour support practitioner
Developing a behaviour support plan
A specialist behaviour support provider must:
- try to reduce and eliminate the need for regulated restrictive practices
- consider any previous behaviour support assessments
- make changes to the person’s environment that may reduce or remove the need for the restrictive practice
- consult with the participant and their family, guardian or other relevant people
- consult with the NDIS provider who may use the restrictive practice.
When consulting, you must provide details of the regulated restrictive practice that you intend to include in a behaviour support plan. This must be in a format that the person can understand (Plain English). See Talking to participants about restrictive practices to access our Restrictive Practices and Me resources.
Comprehensive behaviour support plans must include a functional behavioural assessment to understand the person’s behaviour, what is happening and why. Learn more about developing behaviour support plans.
See section 20 of the NDIS (Restrictive Practices and Behaviour Support) Rules 2018.
Completing a behaviour support assessment, including functional behaviour assessments
Functional behaviour assessment is defined in section 5 of the Behaviour Support Rules as the process for determining and understanding the function or purpose behind a person’s behaviour. This may involve the collection of data, observations and information to develop an understanding of the relationship of events and circumstances that trigger and maintain behaviour.
This functional understanding of behaviour should then be placed in the broader context of the person’s life and circumstances to inform holistic formulation about why the behaviour occurs.
For more information, see Policy guidance: Behaviour support assessment, including functional behaviour assessment.
Timeframe for developing behaviour support plans
Timely behaviour support plans are essential to safeguarding participants.
- An interim behaviour support plan must be developed within 1 month of engagement by the Specialist Behaviour Support provider.
- A comprehensive behaviour support plan must be developed within 6 months of engagement by the specialist behaviour support provider.
A provider is considered ‘engaged’ from:
- the date of the service agreement, or
- a date specified within the service agreement (i.e., the agreement includes a date when the provider is to begin developing the plan).
While these timeframes do not apply to behaviour support plans that do not contain regulated restrictive practices, they should still be used as part of providing safe and quality services. The NDIS Commission would consider that using these timeframes as a guide is consistent with provider obligations under the NDIS Practice Standards and the NDIS Code of Conduct.
See section 19 of the NDIS (Restrictive Practices and Behaviour Support) Rules 2018.
Contents of a plan
A regulated restrictive practice must be:
- written and stated clearly
- authorised by the state or territory body
- used as a last resort
- used for the shortest time possible
- reducing the risk of harm to the person with disability and others
- be in proportion to the risk of harm
- be the least restrictive option.
See section 21 of the NDIS (Restrictive Practices and Behaviour Support) Rules 2018.
If you are developing a behaviour support plan for a participant who is engaging unregistered providers and implementing regulated restrictive practices, please contact the NDIS Commission.
Reviewing plans
Specialist behaviour support providers must review comprehensive behaviour support plans that include regulated restrictive practices:
- if the person’s situation changes, or
- at least every 12 months while the plan is in force.
It is good practice to regularly check the strategies in the plan to see if they are working well. This helps to make sure the plan continues to meet the person’s needs.
See section 22 of the NDIS (Restrictive Practices and Behaviour Support) Rules 2018.
Working together to provide effective behaviour support
Specialist behaviour support providers and implementing providers have shared responsibilities to work together and ensure participants receive effective behaviour support.
Shared responsibilities include:
Behaviour support
All participants have access to behaviour support that:
- meets their individual needs
- is based on evidence-informed practices
- follows Commonwealth, state and territory laws and policies.
Implementing the behaviour support plan
Providers must ensure that each participant's behaviour support plan is implemented effectively to meet their needs. For example, providers working together to provide person-focused training to NDIS workers so they can effectively implement a behaviour support plan. See the NDIS Practice Standards and Quality Indicators.
Monitoring and reviewing the behaviour support plan
Every participant should have an up-to-date behaviour support plan that:
- reflects their needs, improves their quality of life, and supports positive progress
- aims to reduce and eventually eliminate any regulated restrictive practices, if applicable.
See Schedule 3 and 4 of the NDIS (Provider Registration and Practice Standards) Rules 2018.
Behaviour support resources
More information about behaviour support is available at Behaviour support resources.