Restrictive Practices for children and young in the NDIS | MyCareSpace

Restrictive Practices for children and young participants in the NDIS

Child screaming with a seat belt on in the car

What are the different types of Restrictive Practices?

The NDIS recognises 5 different types of Restrictive Practices, but does not formally categorise them into different levels.

The 5 different types are:

  1. Seclusion
  2. Chemical restraint
  3. Mechanical restraint
  4. Physical restraint
  5. Environmental restraint

Some practices (e.g., physical restraint) are flagged as higher-risk due to potential injury or trauma. Some states may also classify some as prohibited practices, such as physical punishment or seclusion of minors in certain jurisdictions​.

See more about the 5 different types of Restrictive Practices here.

Difference between Parenting Strategies and Restrictive Practices

Parenting strategies, especially child safety and injury prevention (like using baby gates, securing chemicals), are typically NOT considered restrictive practices when:

  • They are used based on age and community standards.
  • They are not used in response to behaviours of concern.
  • Their use decreases as the child gets older (dignity of risk principle).
     

So when does a practice becomes a regulated Restrictive Practice?

Is NOT a Restrictive Practice

IS a regulated Restrictive Practice

Holding a child’s hand to cross the road Two-person escort used to prevent movement (Physical restraint)
Using splints to support a sprained wrist Using splints to stop self-harm (Mechanical restraint)
Child gate to stop toddler falling down stairs Child gate preventing voluntary exit or access to a room (Seclusion or Environmental restraint)
Using a child car seat for under 7s Using a harness on a 12-year-old to stop hitting others (Mechanical restraint)
Restricting toddler access to knives or matches Restricting knife access to a young person developing cooking skills due to a past incident (Environmental restraint)
Locking the front door to prevent toddler from wandering Deadlocking the door to stop an older child from leaving (Environmental restraint & Fire risk)

 

It DOES becomes a restrictive practice when it:

  • Restricts rights or freedom of movement, and
  • Is used in response to behaviours of concern, particularly if the child is older and the restriction is unnecessary for safety alone​.
     

When transporting NDIS participants, what is considered a Restrictive Practice?

Restrictive practices used in a vehicle may fall under mechanical restraint, or environmental restraint depending on how the device, like a seat belt or door lock, is applied.

If the devices used in transporting a person are used in any other circumstances to manage behaviours of concern then this would constitute a regulated restrictive practice.

For example:

  • Using a seatbelt while the vehicle is NOT moving to keep a person with disability in their seat because they are agitated IS a mechanical restraint.
  • Using a harness on a person to manage a behaviour of concern in a vehicle who does not require it for postural/ therapeutic support is a mechanical restraint.

Read our resource on what is an NDIS Restrictive Practice when transporting NDIS participants
 

Who is responsible for approving the use of Restrictive Practices?

Approval (authorisation) must be done in accordance with your state or territory legislation/policy.

The NDIS Commission does not approve the use—it monitors and receives lodgement of plans.

Behaviour support plans containing restrictive practices must be:

  • Developed by a registered NDIS behaviour support practitioner.
  • Lodged with the NDIS Commission.
  • Accompanied by evidence of state/territory authorisation, where required​.
     

What are the reporting obligations for unregistered providers and registered providers?

Unregistered providers:

  • Do not have obligations to report to the NDIS Commission.
  • May still be subject to state/territory authorisation rules.

Registered providers:

  • Must report monthly on the use of regulated restrictive practices.
  • Must notify the NDIS Commission within 5 business days if a restrictive practice is used without a behaviour support plan or authorisation.
  • Must ensure restrictive practices are in a compliant behaviour support plan developed by an authorised NDIS practitioner​.

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