Behaviour support in New South Wales
New South Wales (NSW) uses a policy, not a specific law, to authorise restrictive practices for National Disability Insurance Scheme (NDIS) participants. Each registered provider that plans to use one must get approval from a Restrictive Practices Authorisation (RPA) panel. The panel includes an independent behaviour support specialist. The Department of Communities and Justice (DCJ) sets the rules.
- Registered NDIS providers only
- Free to use
- Independent, not a provider
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How restrictive practices are authorised in New South Wales
| Scheme | Restrictive Practices Authorisation (RPA) |
|---|---|
| Who authorises | RPA panels run by each registered NDIS provider, under policy set by the Central Restrictive Practices Team, Department of Communities and Justice |
| Law or policy | NSW Restrictive Practices Authorisation Policy and Procedural Guide (government policy, not legislation) |
The provider that will use the practice, called the implementing provider, runs the RPA panel. The panel needs at least two people: a senior manager from the provider, who chairs it, and an experienced behaviour support practitioner who is independent of the provider and the person. The NSW Government keeps a pool of independent specialists that providers can ask for.
The panel looks at the person's behaviour support plan, which must be written by a practitioner the NDIS Quality and Safeguards Commission (NDIS Commission) considers suitable. The panel also needs evidence of consent. Its decision must be unanimous, and authorisation lasts no more than 12 months.
Consent comes from the person if they can make the decision. For a child, it's usually a parent or guardian. For an adult who can't decide, it depends on the practice. It may be a guardian with a restrictive practices function appointed by the NSW Civil and Administrative Tribunal (NCAT), or for chemical restraint, the person responsible.
The provider should invite the person to the panel meeting, and family members are encouraged to attend. NSW has consulted on a law to regulate restrictive practices. The DCJ website says the Government will use that feedback to decide whether to go ahead. For now, the RPA policy applies. For questions, email DCJ's Central Restrictive Practices Team at restrictivepracticesauthorisation@facs.nsw.gov.au.
Read more about restrictive practices under the NDIS.
How it works
Tell us what's going on
Who the support is for, the postcode and what's needed. About two minutes.
We find a provider
We pass your details to one registered behaviour support provider that covers your area and is taking new clients.
A practitioner contacts you
To talk through assessment, a behaviour support plan, funding and when they can start.
New South Wales questions
Can a family member consent to a restrictive practice in NSW?
Sometimes. A parent or guardian usually consents for a child. For an adult who can't make the decision, consent may come from a guardian with a restrictive practices function or, for chemical restraint, the person responsible. An RPA panel's authorisation isn't valid without the right consent.
Is seclusion allowed for children in NSW?
No. The NSW policy prohibits seclusion for anyone under 18.
How long does an RPA authorisation last?
No more than 12 months at a time. The panel sets the length and any conditions, and records its decision in an outcomes summary.
Who can I talk to about a concern in NSW?
Start with the provider. For questions about authorisation, contact DCJ's Central Restrictive Practices Team. You can also contact the NDIS Commission.
How do I find a behaviour support practitioner in New South Wales?
Answer a few quick questions on this page. We pass your details to one registered behaviour support provider that covers your part of New South Wales. If they can't help, we find someone who can.