I encourage you to share your views as it is very important to ensure your views inform the Government’s ongoing consideration of how Queensland’s authorisation framework can deliver better outcomes for people with disability.
This consultation is about possible options for reshaping part 6 of the DSA, which provides an authorising framework for the use of restrictive practices in NDIS and disability service settings. Consideration of the use of any restrictive practices in other service settings (for example, health facilities, residential aged care facilities, schools, early childhood education services, or the Forensic Disability Service) is out of scope.
While states and territories remain responsible for authorisation of the use of restrictive practices under the NDIS, one of the NDIS Commission’s statutory functions is to assist states and territories to develop a regulatory framework, including in relation to nationally consistent minimum standards for restrictive practices. All governments Australia-wide have recognised that national consistency will deliver better outcomes for people with disability.
Your feedback is sought on a number of ideas for reform.
Queensland has a well-established framework for the authorisation of restrictive practices for adults with an intellectual or cognitive disability, based on a guardianship model. This framework applies where an individual is receiving supports under the NDIS or receiving disability services provided or funded by the Queensland Government.
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DS’s functions to conduct multidisciplinary assessments and develop and change positive behaviour support plans which include containment or seclusion (part 6, division 3, subdivisions 2 and 3) was subject to the Ministerial review.
Application of the provisions in relation to the locking of gates, doors or windows for adults with skills deficit (section 216 and part 8, division 2) was subject to the Ministerial review.
The application of provisions in relation to complaints about the delivery of disability services by particular service providers (section 32A and part 3 of the DSA), and the positive behaviour support and restrictive practices framework (section 140 and part 6 of the DSA) were both subject to the Ministerial review.