Own Motion Inquiry into the deprivation of liberty
The NDIS Commissioner is using her own-initiative powers under the NDIS Act and Reportable Incident Rules to conduct an Own Motion Inquiry into whether the use of seclusion on NDIS participants may result in actual or potential deprivations of liberty.
The Inquiry will investigate the prevalence, circumstances and impacts of seclusion, examine whether current safeguards adequately protect participants' rights, freedoms and autonomy, and identify barriers to preventing and eliminating the practice.
Findings will inform recommendations to strengthen safeguards, oversight, accountability and participant protections, while supporting broader sector reforms aimed at reducing and ultimately eliminating seclusion within a rights-based disability support system. Insights arising during the Inquiry may also be incorporated into the NDIS Commission’s regulatory, policy and practice activities, with any concerns about non-compliance or participant risk escalated through existing regulatory and referral processes.
How to contribute to the Own Motion Inquiry
The NDIS Commissioner invites contributions from NDIS participants, families, carers, advocates, providers, workers, peak bodies, researchers and other interested stakeholders. Contributions may include lived experience, observations, evidence, research, examples of practice, or insights into the use, prevention and elimination of seclusion in disability supports. Information provided will help the Commission better understand the circumstances in which seclusion occurs, its impacts on participants, and opportunities to strengthen safeguards and uphold the rights, freedoms and autonomy of people with disability.
Submissions to the inquiry can be emailed to: seniorpractioner@ndiscommission.gov.au