Understanding Regulated Restrictive Practices Under the NDIS

If a regulated restrictive practice is being used with your child, you've probably encountered a lot of compliance language and not much plain explanation. Here's what they actually are, why they matter, and your role.

If your child or family member has been subject to a regulated restrictive practice, you have probably encountered a lot of paperwork, a lot of compliance language, and not a lot of plain explanation. This post sets out what regulated restrictive practices actually are, why they are taken so seriously under the NDIS, and what your role is in the process.

This is a topic where clarity matters. Restrictive practices, used poorly, cause real harm. Used inside a proper framework, with proper oversight, they can keep someone safe while the work of skill building and environmental change reduces the need for them over time. The framework exists for a reason.

What counts as a regulated restrictive practice

Under the NDIS Quality and Safeguards Commission, a regulated restrictive practice is any practice that has the effect of restricting the rights or freedom of movement of an NDIS participant. There are five categories.

Chemical restraint is the use of medication or a chemical substance for the primary purpose of influencing behaviour, where that medication is not prescribed to treat a diagnosed mental, physical, or medical condition.

Environmental restraint restricts a person's free access to their environment, including items or activities. Locking a fridge, restricting access to a phone, or preventing entry to certain rooms can fall into this category, depending on circumstances.

Mechanical restraint is the use of a device to prevent, restrict, or subdue movement for the primary purpose of influencing behaviour. This does not include devices used for therapeutic or non-behavioural purposes.

Physical restraint involves the use of physical force to prevent, restrict, or subdue movement of a person's body or part of their body, for the primary purpose of influencing behaviour.

Seclusion is the sole confinement of a person in a room or physical space from which they cannot voluntarily leave.

Why the framework exists

The framework exists because, historically, restrictive practices have been overused, normalised, and applied to people with disability in ways that caused significant harm. The NDIS Commission framework is an effort to ensure that any restriction on a person's rights is the least intrusive option, used for the shortest time, with a clear plan to eliminate the need for it.

This is the part that often gets missed: restrictive practices are not banned under the NDIS. They are regulated. The framework recognises that, in some situations, an immediate safety risk requires an intervention that limits someone's freedom. What the framework requires is that the practice is reported, authorised where required by state or territory law, included in a Behaviour Support Plan, and accompanied by a clear strategy to reduce and ultimately remove it.

Your role as a parent or family member

If a regulated restrictive practice is being used with your child, you have the right to know about it, to understand why, to see how it is documented, and to be involved in the planning to reduce it. You also have the right to ask questions and raise concerns without that being treated as obstructive.

A school, a support worker, or any other service that is using a regulated restrictive practice with your child is required to ensure it is captured in a Behaviour Support Plan. If you are aware of a practice being used and it does not appear in any plan, that is something to raise. Not because you are looking for someone to be in trouble, but because the framework only protects your child when it is followed.

The role of the Behaviour Support Plan

The Behaviour Support Plan is where regulated restrictive practices are formally recorded, justified, and addressed. Under the NDIS Commission framework, the plan should list each practice in use, set out why it is currently necessary, describe the proactive and skill-building strategies that will reduce the need for it, and include a timeline for review.

The framework treats regulated restrictive practices as time-limited measures, with a clear focus on reduction and elimination over time. If you have questions about how restrictive practices are being documented or reduced in your family member's plan, this is something to raise with the practitioner directly.

Authorisation requirements

Authorisation requirements for regulated restrictive practices vary between states and territories. In New South Wales, the framework is governed by state legislation in addition to the NDIS Commission requirements, and certain practices require formal authorisation through the relevant state body. Your behaviour support practitioner should be able to explain what authorisation, if any, applies in your situation.

If a service is using a regulated restrictive practice that requires authorisation and authorisation is not in place, that is a serious issue worth raising directly with the NDIS Commission.

When to seek a second opinion

If you have questions or concerns about the way restrictive practices are being used or documented for your family member, you are entitled to seek a second opinion from another behaviour support practitioner. You do not need anyone's permission to do this.

At Ivy Psychology, our behaviour support work operates within the NDIS Quality and Safeguards Commission framework, including the development and review of Regulated Restrictive Practice documentation. Our behaviour support practitioners work with families in their homes, schools, and community settings across Sydney. If you would like to discuss your family member's situation, you are welcome to get in touch.