Understanding how to keep people with disability safe

The rights of people with disability

A person standing, and a person sitting in a wheelchair. Above them is a justice scales icon.

People with disability should have the same rights as everybody else.

A caution icon and a magnifying glass.

The Disability Royal Commission looked into problems people with disability had experienced.

It helped the government find out what:

  • went wrong
  • the government should fix.

A document with a caution icon.

The Disability Royal Commission shared their Final report in September.

A large diverse group of people and a justice scales icon.

The report explains that the Australian community should respect the rights of people with disability.

A restrictive practices icon, a disability icon, and an arrow pointing up.

The report also explains that people with disability experience restrictive practices more than other people.

A person in restraints, and a padlock icon. A disability icon, and an arrow pointing up.

Restrictive practices don’t support the rights of people with disability to:

  • make decisions
  • control their own life
  • choose what they want.

A clipboard with a restrictive practices icon and a checklist on it. A tick icon.

The report also explains that providers must follow the rules about how to use restrictive practices.

A restrictive practices icon, and a shield with a tick.

The Disability Royal Commission explained that governments should only let providers use restrictive practices to keep:

  • people with disability safe
  • other people safe.

A restrictive practices icon. Above are three boxes. Two of the boxes have crosses in them.

Providers should only use restrictive practices after they have tried other ways to keep people safe.

This includes supported decision-making.

2 people looking at a folder together. Above the right person is a thought bubble with a tick and an exclamation mark.

Supported decision-making is when someone helps you make important decisions about your life and how you live.

A person wearing a lanyard. A thought bubble with justice scales.

The Disability Royal Commission also explained that providers should think about the rights of people with disability when they use restrictive practices.

This means they should:

A person with their hand on another person's shoulder. An arrow pointing diagonally up a restrictive practices icon.

  • try other ways before they use restrictive practices

A measuring tool with Risk on it. The tool points to the highest level.

  • only do it when people are at risk

A timer with speed lines behind it.

  • use restrictive practices for the shortest time possible.

What providers need to do

A clipboard with a restrictive practices icon and a checklist on it. An exclamation point.

Our policy shares rules about restrictive practices that providers need to follow.

2 people standing next to each other. The left person is pointing up. The right person has their thumbs up.

It is important that providers support people with disability in a way that is best for them.

This includes:

A person with their thumbs up.

  • focusing on their strengths

2 people having a conversation.

  • supporting them to understand and communicate what they need

2 people looking at a folder together. A thought bubble with a tick above them.

  • supporting them to make their own decisions

2 people having a conversation. One person has a speech bubble with a thumbs down icon.

  • supporting them to speak up when things go wrong.

3 people writing in clipboards. A magnifying glass icon.

Providers should use allied health professionals to find out why a person with disability does things that puts:

  • them at risk
  • the people around them at risk.

Allied health professionals help people with disability to get the support they need.

 A person with a thought bubble writing on a clipboard. Inside of the thought bubble is a person pointing at themselves.

This should include an assessment.

An assessment can help to work out if a person’s behaviour doesn’t have a purpose.

2 people looking at a clipboard together. A thought bubble above with a shield with a tick.

Providers should also use allied health professionals to understand how to safely use the devices that a person with disability needs.

A person wearing a lanyard next to another person. Above them is a clipboard with a padlock and a checklist on it.

Providers must create policies and rules for their workers.

A restrictive practices icon with an arrow above pointing to document icon.

The rules should explain that providers only use restrictive practices when they are included in a person’s behaviour support plan.

A person pointing at themselves and a document icon.

A behaviour support plan is a document that explains what support a person with disability needs.

A clipboard with a padlock and a checklist on it. Gear icons. Quality Assurance Panels icon. The icon is of 3 people standing behind a table.

The policies and rules should also explain how providers need to run Quality Assurance Panels.

A Quality Assurance Panel icon and a behaviour support plan document with a tick.

A Quality Assurance Panel is a group of people who check behaviour support plans.

They decide if the restrictive practice can happen.

They follow the rules in our policy about restrictive practices.

A person with a lanyard and a restrictive practices icon. Above is the Quality Assurance Panel icon and a tick.

Providers can only use a restrictive practice if a Quality Assurance Panel has decided that it can happen.

A person writing on a clipboard, a question mark, and a calendar icon.

Providers also need to record:

  • how they use restrictive practices
  • when they use restrictive practices.

A speech bubble with restrictive practices icon.

This includes reporting restrictive practices to the NDIS Quality and Safeguards Commission (NDIS Commission).

A person pointing at themselves, and a shield with a tick icon.

The NDIS Commission makes sure people with disability who take part in the NDIS:

  • are safe
  • get good services.

A person looking concerned and a caution icon.

Providers often use restrictive practices when a person with disability shows behaviours of concern.

A person with their hand up and a caution icon above. 2 people standing and a caution icon above.

Behaviours of concern are things someone does that might put:

  • themselves in danger
  • other people in danger.

A person talking. A speech bubble above them with a caution icon.

Behaviours of concern are how a person with disability might communicate that something is not supporting what they need.

A person pointing at themselves and a cross.

This means that this behaviour is not their fault.