Tracy Mackey

The NDIS Quality and Safeguards Commission has intensified its regulatory response towards the reduction and elimination of restrictive practices.

This follows a letter sent in November to almost 8000 providers in which Commissioner Tracy Mackey set out her expectations for the development of Behaviour Support Plans (BSPs). The Commission expects behaviour support providers to develop high-quality, evidence-informed BSPs that comply with all requirements. While the plan is being developed and put in place, participants and their support should be consulted. Participants should be given BSPs that are accessible.

Alongside their advice, the Commission published new policy guidance, a Regulated Restrictive Practices Summary and Protocols document, and checklists to help providers align BSPs with the legislation. These are available on the Commission’s webpage for providers.

In the meantime, the Commission has increased its scrutiny of providers, including random audits of BSPs. The high volume of audits mean that most specialist behaviour support providers will eventually be examined. Providers breaching registration conditions may face compliance and enforcement actions. In discussions with members and with the Commission, NDS have heard that infringement notices may be issued where:

there is a pattern of late plan submission

definitions of restrictive practices are unclear, absent or don’t meet legislative requirements in some way

the participant is not consulted

compared to similar providers, a provider includes or uses a category of restrictive practices more frequently in their plans across multiple participants in a service

there are patterns of gaps in Unauthorised Restrictive Practice and Authorised Restrictive Practice reporting.

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