Registered NDIS providers who develop behaviour support plans (specialist behaviour support providers) or use regulated restrictive practices (implementing providers) have a responsibility to:
- protect the rights of people with disability
- work together to help improve a person’s quality of life
- reduce and stop the use of regulated restrictive practices.
The following rules are legislative requirements that specialist behaviour support providers and implementing providers must follow. The Commission can take regulatory actions if an NDIS provider does not follow the rules. See the Compliance and Enforcement policy.
The rules are a call to action for NDIS providers to uplift supports for people with disability, reflect on practices, and make positive changes.
These are some of the rules under the NDIS Act. It is important to be aware of all your obligations as a specialist behaviour support provider or implementing provider by referring to the legislation.
Specialist behaviour support provider
Legislation
Specialist behaviour support providers must follow these rules under the NDIS Act
- NDIS (Code of Conduct) Rules 2018
- NDIS (Provider Registration and Practice Standards) Rules 2018 and NDIS (Quality Indicators for NDIS Practice Standards) Guidelines 2018
- NDIS (Restrictive Practices and Behaviour Support) Rules 2018
- NDIS (Incident Management and Reportable Incidents) Rules 2018
Registration
Specialist behaviour support providers must be registered to provide specialist behaviour support (under registration group 110).
As a registered provider, you must engage an NDIS behaviour support practitioner when developing behaviour support plans for participants. This is a person the Commission considers suitable to develop functional behaviour assessments and behaviour support plans. Find an NDIS behaviour support practitioner.
These rules apply even when developing behaviour support plans that do not include a restrictive practice.
Behaviour support plans with regulated restrictive practices
A behaviour support plan that includes regulated restrictive practices must be submitted to the NDIS Commission.
Timeframes
Timely behaviour support plans are essential to safeguarding participants.
An interim behaviour support plan must be developed within 1 month of engagement by the Specialist Behaviour Support provider.
A comprehensive behaviour support plan must be developed within 6 months of engagement by the specialist behaviour support provider.
A provider is considered ‘engaged’ from:
- the date of the service agreement, or
- a date specified within the service agreement (i.e., the agreement includes a date when the provider is to begin developing the plan).
While these timeframes do not apply to behaviour support plans that do not have regulated restrictive practices, they should still be used as part of providing safe and good service.
See section 19 of the NDIS (Restrictive Practices and Behaviour Support) Rules 2018
Developing a behaviour support plan
A specialist behaviour support provider must:
- try to reduce and eliminate the need for the regulated restrictive practices
- consider any previous behaviour support assessments
- make changes to the person’s environment that may reduce or remove the need for the restrictive practice
- consult with the participant and their family, guardian or other relevant people
- consult with the NDIS provider who may use the restrictive practice.
When consulting, you must provide details of the regulated restrictive practice that you intend to include in a behaviour support plan. This must be in a format that the person can understand (eg. plain English).
Comprehensive behaviour support plans must include a functional behavioural assessment to understand the person’s behaviour, what is happening and why. Learn more about developing behaviour support plans.
See section 20 of the NDIS (Restrictive Practices and Behaviour Support) Rules 2018
Contents of a plan
A regulated restrictive practice must be:
- written and stated clearly
- authorised by the State or Territory body
- used as a last resort
- used for the shortest time possible
- reducing the risk of harm to the person and others
- be in proportion to the risk of harm
- be the least restrictive option.
See section 21 of the NDIS (Restrictive Practices and Behaviour Support) Rules 2018
Reviewing plans
Specialist behaviour support providers must review comprehensive behaviour support plans that include regulated restrictive practices:
- if the person’s situation changes, or
- at least every 12 months while the plan is in force.
It is good practice to regularly check the strategies in the plan to see if they are working well. This helps to make sure the plan continues to meet the person’s needs.
See section 22 of the NDIS (Restrictive Practices and Behaviour Support) Rules 2018
Implementing provider
Legislation
Implementing providers must follow these rules under the NDIS Act
- NDIS (Code of Conduct) Rules 2018
- NDIS (Provider Registration and Practice Standards) Rules 2018 and NDIS (Quality Indicators for NDIS Practice Standards) Guidelines 2018
- NDIS (Restrictive Practices and Behaviour Support) Rules 2018
- NDIS (Incident Management and Reportable Incidents) Rules 2018
Registration
Implementing providers must be:
- registered with the NDIS Commission for the type of support you are providing
- audited against Module 2A: Implementing Behaviour Support Plans.
If you are unregistered and using regulated restrictive practices, you must either:
- support the person with disability to safely and effectively transition to a registered provider, and/or
- become registered with the NDIS Commission.
It is a breach of the NDIS Rules for an unregistered provider to use regulated restrictive practices. The NDIS Commission can take a range of actions against breaches, including education, enforcement, or banning providers from operating in the NDIS market.
Supporting the development of a behaviour support plan
If a regulated restrictive practice will be used on an ongoing basis, a provider must engage a specialist behaviour support provider to develop a behaviour support plan.
This must happen within the following timeframes:
- Interim plan: within 1 month of when the regulated restrictive practice was first used.
- Comprehensive plan: within 6 months of when the regulated restrictive practice was first used.
Practical steps and actions an implementing provider can take to support the development of behaviour support plan are detailed in this guide: Facilitating the development of behaviour support plans.
The NDIS Commission has a register of suitable NDIS practitioners.
See section 11 of the NDIS (Restrictive Practices and Behaviour Support) Rules 2018
Authorisation to use regulated restrictive practices
An implementing provider is responsible for getting authorisation to use the regulated restrictive practice from the state or territory body where the person with disability lives.
See authorisation requirements for each state or territory: Restrictive Practices Authorisation Frameworks for Australian States and Territories 2023 Edition
You must lodge evidence of the authorisation with the NDIS Commission through the NDIS Commission Portal. Learn more about activating a plan and lodging evidence.
See section 9 of the NDIS (Restrictive Practices and Behaviour Support) Rules 2018
Reporting
Regulated restrictive practices
Implementing providers must submit monthly reports on the use of regulated restrictive practices to the NDIS Commission. This includes when a practice is not used.
Monthly reporting should be completed within 5 business days of month end. Learn more: Monthly reporting on the use of regulated restrictive practices
See section 14 of the NDIS (Restrictive Practices and Behaviour Support) Rules 2018
Unauthorised restrictive practices
A restrictive practice is unauthorised if it:
- is not in a behaviour support plan
- has not been authorised in accordance with the state or territory authorisation process
- is not being used in accordance with the behaviour support plan.
Unauthorised restrictive practices are considered a reportable incident.
They must be reported to the NDIS Commission within 5 business days of the provider becoming aware of the incident.
Reviews and recordkeeping
An implementing provider must let a specialist behaviour support provider know when something happens that requires the behaviour support plan to be reviewed.
They must also keep written information about the use of the regulated restrictive practices.
See section 10 and 15 of the NDIS (Restrictive Practices and Behaviour Support) Rules 2018
Working together to provide effective behaviour support
Specialist behaviour support providers and implementing providers have shared responsibilities to work together and ensure participants receive effective behaviour support.
Shared responsibilities include:
Behaviour support
All participants have access to behaviour support that:
- meets their individual needs
- is based on evidence-informed practices
- follows Commonwealth, state and territory laws and policies.
Implementing the behaviour support plan
Providers must ensure that each participant's behaviour support plan is implemented effectively to meet their needs. For example, providers working together to provide person-focused training to NDIS workers so they can effectively implement a behaviour support plan. See the NDIS Practice Standards and Quality Indicators.
Monitoring and reviewing the behaviour support plan
Every participant should have an up-to-date behaviour support plan that:
- reflects their needs, improves their quality of life, and supports positive progress
- aims to reduce and eventually eliminate any regulated restrictive practices, if applicable.
See Schedule 3 and 4 of the NDIS (Provider Registration and Practice Standards) Rules 2018