Interim behaviour support plans and the 1 month rule
An interim behaviour support plan is a short plan that focuses on keeping a person and others safe while a full assessment is done. When regulated restrictive practices are involved, the law says it must be developed within 1 month of the specialist behaviour support provider being engaged. A comprehensive plan must follow within 6 months.
What is an interim behaviour support plan?
It's a short document, written by a National Disability Insurance Scheme (NDIS) behaviour support practitioner, with general strategies to prevent harm. It describes the behaviours of concern and the steps people should follow to lower the risk of harm.
The NDIS Quality and Safeguards Commission (NDIS Commission) says an interim plan also sets out if, when and how any regulated restrictive practices are to be used. It covers the time while a functional behaviour assessment (FBA) is done and the comprehensive behaviour support plan (BSP) is written with the person.
Like any behaviour support plan, it must follow the NDIS (Restrictive Practices and Behaviour Support) Rules 2018.
When is an interim plan needed?
When a person has an immediate need for a behaviour support plan. The NDIS Practice Standards say anyone with an immediate need should get an interim plan that lowers the risk to them and others.
The National Disability Insurance Agency (NDIA) says you'll need an interim plan if:
- support workers use a restrictive practice without authorisation from your state or territory, for example in an emergency
- support workers use a restrictive practice that isn't in line with your behaviour support plan, and it's likely to keep happening
- you need restrictive practices in place
If there's no behaviour support plan yet, a newly engaged provider must start with an interim plan.
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What is the 1 month rule?
Where a regulated restrictive practice is used, the interim plan must be developed within 1 month and the comprehensive plan within 6 months. The Rules put duties on two different providers.
| Who | What they must do | Counted from |
|---|---|---|
| The provider using the restrictive practice (the implementing provider) | Take all reasonable steps to get an interim plan developed within 1 month and a comprehensive plan within 6 months | When the restrictive practice was first used |
| The specialist behaviour support provider | Develop the interim plan within 1 month and the comprehensive plan within 6 months | When it was engaged to develop the plan |
A provider is engaged from the date of the service agreement, or a later start date written into it. If the practitioner changes but the provider stays the same, the time still counts from when the provider was engaged.
These deadlines are legal requirements for plans with regulated restrictive practices. The NDIS Commission says providers should still use them as a guide for other plans.
What if restrictive practices are used before there's a plan?
The use is unauthorised. A registered provider must report it to the NDIS Commission as a reportable incident within 5 business days of becoming aware of it.
A restrictive practice is unauthorised if:
- it isn't in a behaviour support plan
- it hasn't been authorised under the state or territory process
- it isn't being used the way the plan says
The NDIA says an interim plan must then be written and lodged with the NDIS Commission as soon as possible.
If a provider is using restrictive practices while waiting for a plan and isn't reporting it, the Commission asks people to email behavioursupport@ndiscommission.gov.au.
If someone is in danger
If a person's life is at risk, or there's an immediate risk of harm or injury, call 000.
What happens after the interim plan?
The practitioner completes a behaviour support assessment, including an FBA, and writes the comprehensive plan. The interim plan covers the gap until then.
If you change provider and a current interim plan already exists, the new provider can go straight to the comprehensive plan. First they must confirm the interim plan is still current and right for the person's needs. The provider using any restrictive practices must also confirm the plan has been lodged with the Commission and the practices are authorised.
The new provider still has to deliver the comprehensive plan within 6 months of being engaged.
Is an interim plan funded by the NDIS?
Yes. The NDIA lists interim behaviour support plans among the behaviour supports it can fund. It also says that once you have an interim plan, you may need to contact it to make sure your NDIS plan has the supports you need.
Behaviour support funding sits in the capacity building part of an NDIS plan, and can only be used with a registered specialist behaviour support provider. The timeframes are short, so it helps to find a registered practitioner early. We can connect you with one.
Questions people ask
Does an interim plan need to be lodged with the NDIS Commission?
Yes, if it includes a regulated restrictive practice. The NDIA says the practitioner must give it to the Commission as soon as it's ready.
Can an interim plan include restrictive practices?
Yes. It sets out if, when and how any regulated restrictive practice can be used. The practice must also be authorised under your state or territory's process.
How long does an interim plan last?
Until the comprehensive plan is in place. Where regulated restrictive practices are involved, that must happen within 6 months of the provider being engaged.
Do we need a new interim plan if we change provider?
Not if there's a current plan that still suits the person's needs and the checks in the Commission's position statement are met. If there's no existing plan, the new provider must start with an interim plan.
Who can write an interim plan?
Only an NDIS behaviour support practitioner working for a specialist behaviour support provider registered with the NDIS Commission.
Keep reading
- Behaviour support plansWhat goes in an NDIS behaviour support plan, how interim and comprehensive plans differ, the 1 and 6 month timeframes, who writes it and when it gets reviewed.
- Restrictive practicesThe five regulated restrictive practices under the NDIS, when they can be used, how they're authorised (including in South Australia) and how they're reduced.
- Functional behaviour assessmentWhat happens in a functional behaviour assessment (FBA) under the NDIS, who's involved, how information is gathered, and how it shapes a behaviour support plan.
- Behaviour support practitionersWhat an NDIS behaviour support practitioner does, how the NDIS Commission approves them, how to check one and find one near you, and how to become one.
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