$400k in fines for alleged use of unauthorised restrictive practices
The NDIS Quality and Safeguards Commission has this week issued 22 infringement notices, carrying penalties of a combined total of nearly $400,000, to six registered NDIS providers for the alleged use of unauthorised restrictive practices.
NDIS Commissioner Tracy Mackey said the penalties, issued to providers operating across seven states and territories, should serve as a warning to all NDIS providers.
“Any NDIS provider who fails to comply with their legal obligations in relation to the use of regulated restrictive practices should heed this as a warning and lift their game immediately,” the Commissioner said.
“It is deeply concerning that despite our best efforts to educate providers about the reduction and elimination of restrictive practices, there are still providers that are using them in highly unacceptable and unlawful ways.
“Earlier this year, I wrote to every NDIS provider that is registered to deliver specialist positive behaviour support, to advise of an escalation in our compliance approach to behaviour support plans and the use of restrictive practices.
“There really is no excuse for providers that continue to restrict the rights and freedoms of a person with disability, when there are evidence-based, person-centred and proactive strategies that can be explored and applied to support someone’s behaviour.”
Restrictive practices can only be used where they are authorised by the relevant state or territory body and in accordance with a behaviour support plan that meets the requirements of the NDIS (Restrictive Practices and Behaviour Support) Rules 2018.
The NDIS Commission encourages people to come forward with any information or intelligence about NDIS breaches and offers whistle-blower protection to ensure all people with disability are treated with respect and given quality and safe support services.
Anyone can contact the NDIS Commission with their concerns about the way in which NDIS services and supports are being delivered, by:
- Phoning: 1800 035 544 (free call from landlines) or TTY 133 677. Interpreters can be arranged.
- National Relay Service and ask for 1800 035 544.
- Completing a complaint contact form available on our website.
The NDIS Commission is the national regulator of supports and services provided to people with disability who participate in the National Disability Insurance Scheme (NDIS).
The NDIS Commission’s Regulated Restrictive Practices Guide outlines a contemporary framework for NDIS providers and behaviour support practitioners, and was developed in consultation with people with disability, allied health professionals and other key stakeholders.
ENDS
Media contact
Phone: 0455 518 095
Email: media@ndiscommission.gov.au