Restrictive Practices
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January 2021
5.1.2 Restrictive Practices Contents Preamble ............................................................................................................................. 3 Principles.......................................................................................................................... 4 Objectives ........................................................................................................................ 4 Statement about use of restrictive practices ..................................................................... 5 Deciding to conduct a multidisciplinary assessment ........................................................ 5 Conducting an assessment .............................................................................................. 5 Short-term Approvals ....................................................................................................... 6 Development of a positive behaviour support plan ........................................................... 6 Development of a respite and community access plan .................................................... 6 Risk assessment for a participant in respite and community access services .................. 6 Roles and Responsibilities ............................................................................................... 6 Reporting.......................................................................................................................... 6 Supporting Documents ........................................................................................................ 7 Policy................................................................................................................................ 7 Procedure......................................................................................................................... 7 Forms ............................................................................................................................... 7 Information Sheets ........................................................................................................... 7 Legislation and Regulations ............................................................................................. 7 Training ............................................................................................................................ 7 Responsible Officer ............................................................................................................. 7 NDIS Practice Standards and Quality Indicators ................................................................. 8 5.1 Specialist Behaviour Support ......................................................................................... 8 5.1.2 Restrictive Practices ................................................................................................ 8 Version Details ..................................................................................................................... 9
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Preamble The United Nations Convention on the Rights of Persons with Disabilities states that people with a disability have the same rights as other members of society and should be empowered to exercise their rights. The amendments to the Disability Services Act 2006 (Qld)(the Act) strengthen the application of this principle in the delivery of services to adults with an intellectual or cognitive disability who exhibit challenging behaviour. The amendments were introduced through the Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 (Qld). The legislation ensures that any use of restrictive practices by a service provider has regard for human rights of these adults, is the least restrictive way of safeguarding them and others from harm and only occurs in the context of a positive behaviour support plan. The legislation aims to reduce or eliminate the need for use of restrictive practices across the disability services sector and helps ensure transparency and accountability. This policy sets out the consultation and engagement to occur with BigDog Support Services Pty Ltd (BigDog), the participant and members of their support network in relation to the use of restrictive practices. BigDog has a commitment to the least restrictive alternative. This procedure also ensures that all employees and volunteers are given the appropriate training in relation to identifying and reporting the use of restrictive practices. The legislation and this procedure only applies to adults who: are 18 years or over, and have an intellectual or cognitive disability (including adults with an acquired brain injury), and whose behaviour either causes harm to the adult or others, or represents a serious risk of physical harm to the adult or others (sometimes called 'challenging behaviour'), and are receiving disability services from the department or from a non-government service provider funded by Disability Services.
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Principles All Directors, employees, volunteers and consultants should have a detailed understanding of Restrictive Practices. This should include what constitutes restrictive practices and the legislation preventing service providers from using any restrictive practices without a valid order confirming that they are able to do so and an official positive behaviour support plan. A participant should be consulted about their behaviour, the supports to address their behaviour and the use of restrictive practices, and have these views considered by BigDog and their decision maker. A participant should be aware of why the use of restrictive practices is being considered, and how they can make their views known and exercise their rights. A participant’s family and support network should have the opportunity to express their views about a participant’s behaviour, the supports to address the participant’s behaviour and the use of restrictive practices, and have these views considered by BigDog and decision maker. During conversation and engagement, particular consideration should be given to the needs of people from Aboriginal, Torres Strait Islander or other cultural or linguistic backgrounds in this consultation process. This may take the form of having appropriate regard for Aboriginal tradition, Island custom or other cultural beliefs, and supporting people to participate in the process.
Objectives The objective of this policy is to ensure that BigDog complies with the legislation describing the regime of restrictive practices in Queensland according to the requirements in the Disability Services Act 2006 (Qld) Part 6 and the Disability Services Regulation 2006 (Qld) Parts 8A and 8B. BigDog is committed to ensuring that decision makers have up to date and relevant information about a participant, and that the most appropriate strategies are put in place to address the participant’s behaviour, reduce challenging behaviour and improve the participant’s quality of life. BigDog is also committed to the ongoing training of directors, employees, volunteers and stakeholders about restrictive practices legislation and its effects. Complying with requirements in relation to behaviour support plans and the use of restrictive practices, is an important part of maintaining strong quality and safeguard practices. While the NDIS Commission has oversight of behaviour support requirements to reduce restrictive practices, the Queensland Government is responsible for the approval to use restrictive practices in the first instance.
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Statement about use of restrictive practices The Disability Services Act 2006 (Qld) has a requirement which provides that if BigDog is considering using restrictive practices in relation to a participant with an intellectual or cognitive disability, then BigDog must give a statement in the approved form to the following persons about the use of restrictive practices generally: the participant, a person with sufficient and continuing interest in the participant (an interested person). The statement must state: why BigDog is considering using restrictive practices in relation to the participant, how the participant and the interested person can be involved and express their views in relation to the use of restrictive practices, who decides whether restrictive practices will be used in relation to the participant, how the participant and the interested person can make a complaint about, or seek review of, the use of restrictive practices. Also, BigDog must explain the statement to the participant: in the language or way the participant is most likely to understand, in a way that has appropriate regard to the participant’s age, culture, disability and communication ability. The purpose of this provision is to ensure that the participant, family members and others in the participant’s support network who have ongoing involvement in the participant’s life are aware why BigDog is considering that any restrictive practice might be necessary; how they can be involved in planning and decision making and express their views; who will make the decision whether or not to authorise the restrictive practice; and what are the review and redress avenues, should there be a complaint.
Deciding to conduct a multidisciplinary assessment Before a restrictive practice can be used in relation to a participant with an intellectual or cognitive disability, they must be assessed. If BigDog notifies the Chief Executive that we wish to contain or seclude the participant, Clinical Services (as delegate for the Chief Executive) must decide whether a multidisciplinary assessment of the participant will be conducted. In deciding whether a multidisciplinary assessment of the participant will be conducted, Clinical Services must consult and consider the views of a number of people including the participant and others with an on-going involvement in the participant’s life.
Conducting an assessment In conducting an assessment of the participant: the person undertaking the assessment should, where possible, consult with, and consider the views of a number of people including the participant, and others with an on-going involvement in the participant’s life. 5.1.2 5.1.2 Restrictive Practices
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Short-term Approvals Any use of a restrictive practice requires a Short-term Approval obtained from the Queensland Government, Department of Communities, Disability Services and Seniors (DCDSS). A Short-term Approval provides authority to use a restrictive practice for a maximum of 6 months, while assessments are undertaken, and a positive behaviour support plan is developed.
Development of a positive behaviour support plan For containment or seclusion: Clinical Services, as a Department of Communities, Child Safety and Disability Services delegate, is responsible for developing a positive behaviour support plan for the participant. For other restrictive practices: BigDog, using an appropriately qualified or experienced person, is responsible for developing a positive behaviour support plan for the participant. The entity developing the positive behaviour support plan must consult and consider the views of a number of people including the participant and others with an on-going involvement in the participant’s life.
Development of a respite and community access plan Under the Act, when developing a respite or community access plan, BigDog must consult and consider the views of a number of people including the participant and others with an on-going involvement in the participant’s life.
Risk assessment for a participant in respite and community access services Under the Disability Services Act 2006 (QLD), BigDog must identify and record the risks associated with the provision of respite or community access services to the participant. In conducting the risk assessment, BigDog should consult with, and consider the views of a number of people including the participant and others with an on-going involvement in the participant’s life. If there is any doubt as to whether a participant is currently experiencing restrictive practices, the restrictive practices identification tool can be completed to assist with the risk assessment. This is only to be completed when there is any indication that the participant in question may be subject to the use of restrictive practices.
Roles and Responsibilities BigDog Support Services Pty Ltd, including individuals acting for BigDog, must comply with the Disability Services Act 2006 (Qld), including keeping and implementing a procedure to ensure an individual acting for BigDog has the skills and knowledge required to use the restrictive practice appropriately and to determine if any restrictive practices are being utilised.
Reporting BigDog must notify DCDSS of all approvals received, including Short-term Approvals and behaviour support plan approvals through the Online Data Collection portal as well as report on usage frequency of approved restrictive practices to the NDIS Commission.
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Supporting Documents Policy Safety, Well-being and Human Rights Policy Eliminating Restrictive Practices
Procedure Duty of Care Medication Protection of Legal and Human Rights and Freedom from Abuse and Neglect Valued Status
Forms Restrictive Practice Identification Tool (Department of Communities, Disability Services and Seniors) Behaviour Record Positive Behaviour Support Plan
Information Sheets Disability Services Act 2006 (Qld) Guardianship and Administration Act 2000 (Qld)
Legislation and Regulations Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 (Qld). Disability Services Regulation 2006 (Qld) s. 8A and s.8B National Disability Insurance Scheme Act 2013: Principles National Standards for Disability Services National Disability Insurance Scheme Quality and Safeguarding Framework
Training Social Role Valorisation
Responsible Officer Steven Paull ............ Managing Director Courtney Carroll ....... Director Company Solicitor Maree Smith ............ Manager Policies and Procedures
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NDIS Practice Standards and Quality Indicators BigDog Support Services Pty Ltd (BigDog) is a registered NDIS provider and is required to apply the scheme’s practice standard and quality indicators. The standards have been developed to create an important benchmark to assess provider performance and ensure that high quality and safe supports and services are provided to NDIS participants. The four core modules are: 1.0 Rights and Responsibilities; 2.0 Governance and Operational Management; 3.0 The Provision of Supports; and 4.0 The Support Provision Environment. The supplementary modules cover: 5.0 High intensity daily personal activities 5.1 Specialist behaviour support 5.2 Implementing behaviour support plans • Early childhood supports • Specialised support co-ordination, and • Specialist disability accommodation
5.1 Specialist Behaviour Support 5.1.2 Restrictive Practices Each participant is only subject to a restrictive practice that meets any state and territory authorisation (however described) requirements and the relevant requirements and safeguards outlined in Commonwealth legislation and policy.
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Version Details Date
V
Details
July 2014
1.0 Policy developed based on DSQ template
October 2014
1.1 Policy ratified by Community Committee 2.0 Updated ‘client’ to ‘participant’ to match NDIS terms Removed paragraph 1 from Preamble and included ‘BigDog has a commitment to the least restrictive alternative’ 3.0 Changed from Policy to Procedure Added text in regard to training and identification Added information re Restrictive Practices Identification Tool 3.1 Added information in regard to Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 (Qld) and Disability Services Regulation 2006 (Qld) 4.0 Objectives updated to include NDIS Commission DSQ updated to Department of Communities, Disability Services and Seniors (DCDSS) Included Short-term approvals Updated document to new logo and format 4.1 Included reporting to the NDIS Commission
February 2015
July 2016
August 2016
January 2019
July 2019 June 2020
January 2021
5.0 Updated to match NDIS Practice Standards and Quality Indicators Front cover updated to Standards colour identification Supporting Policies updated 5.1 Updated Responsible Officers details Introduction of BigDog Training Portal and modules
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