The review of Queensland's Restrictive Practices Authorisation Framework

Background

The Positive Behaviour Support and Restrictive Practices Review (PBSRP Review) was informed by an independent review of Queensland’s restrictive practices authorisation framework by Griffith University’s Policy Innovation Hub.

It was also informed by a statutory review, under the Disability Services Act 2006 (DS Act), of particular provisions of the DS Act that were inserted to support full-scheme operation of the National Disability Insurance Scheme (NDIS) in Queensland (including some provisions dealing with restrictive practices).

Stakeholder consultation to inform the PBSRP review was conducted over a 3 month period from November 2021 to January 2022.

Thank you to everyone who contributed their time, expertise and views to the PBSRP review.

NDIS Quality and Safeguarding Framework

The NDIS Quality and Safeguards Commission commenced operation in Queensland in July 2019 to implement the NDIS Quality and Safeguarding Framework (the Framework).

The Framework provides a nationally consistent approach to help empower NDIS participants to exercise choice and control, while ensuring appropriate safeguards are in place so providers deliver high quality supports.

Under the Framework, many quality and safeguarding functions sit with the Commission. However, Queensland remains responsible for some discrete functions, including authorising the use of restrictive practices.

One of the Commission's functions is to assist jurisdictions to develop a nationally consistent approach to restrictive practices authorisation for NDIS participants. The Commission has developed a set of national principles to guide this work and deliver better outcomes for people with disability, including through reduction and elimination of restrictive practices use.

Reforming Queensland's Restrictive Practices Authorisation framework

The Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2024 was introduced into the Legislative Assembly by the Honourable Charis Mullen, Minister for Child Safety and Minister for Seniors and Disability Services and Minister for Multicultural Affairs on 14 June 2024.

The Bill was informed by the PBSRP Review which recommended:

• Replacing the current consent-based model with a clinician-based model where the use of all regulated restrictive practices is authorised by a senior practitioner;
• Expanding the authorisation framework to ensure consistent safeguards for all people with disability (adults and children) while receiving NDIS supports or services or state disability services;
• Expanding the authorisation framework to include all forms of regulated restrictive practices under the Commonwealth NDIS Rules;
• Aligning important definitions with the terminology used in the NDIS Rules;
• Ensuring the formal requirements around behaviour support assessments and the content of behaviour support plans are consistent with the requirements for assessments and the development of behaviour support plans in the NDIS Rules;
• Prohibiting certain restrictive practices;
• Vesting the Queensland Civil and Administrative Tribunal with jurisdiction to undertake a merits review of authorisation decisions made by the senior practitioner;
• Moving the responsibility for the development of positive behaviour support plans that include containment and/or seclusion from the chief executive of disability services to specialist behaviour support market providers.

The Bill and explanatory notes are available on the Queensland Legislation website.

Next steps

If the Bill is passed by Parliament, implementation is intended to occur for at least 12 months before the new framework would commence.

The Queensland Government will continue to work closely with the disability sector to ensure people with disability, their families and carers, providers and other interested stakeholders are ready for the new framework’s commencement.

Have your say in how the new framework should be implemented

You can help inform how the reformed authorisation framework will be implemented and how it will operate by completing a survey or making a submission.

Engagement commences on Thursday 29 August 2024.