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). BigDog Support Services Pty Ltd (BigDog) recognises, upholds and promotes the rights of people with disability and their right to personal freedom. BigDog is committed to eliminating restrictive practices.
This policy supports BigDog to apply the National Standards for Disability Services, in particular Standard 1: Rights
Definitions
Restrictive practices – Any intervention and/or practice used to restrict the rights or freedom of movement of people with disability. This includes seclusion, chemical, mechanical, physical, environmental and psychosocial restrictive practices.
Informed consent – Informed consent means a person using appropriate and adequate information can make a decision which they make freely and without unfair pressure or influence. Part of informed consent is that the person also understands the consequences of their decisions
Principles
All Directors, employees, volunteers and consultants should have a detailed understanding of Restrictive Practices.
This policy provides a guide on the standards of practice regarding the elimination of the use of restrictive practices.
This policy identifies the need for safeguarding approaches on the rare occasions where restrictive practices are required
A client 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 client’s family and support network should have the opportunity to express their views about a client’s behaviour, the supports to address the client’s behaviour and the use of restrictive practices, and have these views considered by BigDog and decision maker.
Statement about the elimination of restrictive practices
The elimination of restrictive practices upholds and promotes the human rights of all people with disability.
Continued assessment, planning and review of individual supports is required to eliminate the use of restrictive practices.
Positive behaviour supports are best developed in collaboration with people with disability, family, friends, carers, advocates and other stakeholders.
People with disability, their families and carers are the natural authorities for their own lives and are in the best place to communicate their choices and decisions.
People with disability will be supported and any restrictive practices will be the least restrictive as possible, time limited and used only as a last resort where the benefits to the individual outweigh any possible negative effects.
Restrictive practices will not be used as a punishment or for staff convenience.
Different service types and approaches may be needed for different people in order to ensure each person has the same opportunities.
BigDog is committed to the wellbeing, inclusion, safety and quality of life of people with disability.
BigDog will do everything it can to ensure people with disability are safe and treated fairly and respectfully with regard to their wellbeing.
Supporting Documents
Policy
5.3 Implementing Behaviour Support Plans
5.3.9 Restrictive Practices
Procedure
Duty of Care
Protection of Legal and Human Rights and Freedom from Abuse and Neglect Valued Status
Forms
Positive Behaviour Support Plan
Information
Code of Practice
Legislation and Regulations
Code of Practice for the Elimination of Restrictive Practices 2014
Disability Discrimination Act 1992 (Cwth)
Disability Services and Inclusion Act 2023 (Cwth)
Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014
Disability Services Regulation 2006 (QLD) s. 8A and s.8B
National Disability Insurance Scheme Act 2013: Principles
National Mental Health Act 2007 (Cwth)
National Standards for Disability Services
National Disability Insurance Scheme Quality and Safeguarding Framework
United Nations Convention on The Rights of Persons with Disabilities
NGO Training
Restrictive Practices
Social Role Valorisation
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 Specialist Support
5.1 High intensity daily personal activities.
5.3 Implementing Behaviour Support Plans.
5.3 Specialist Behaviour Support
These NDIS Practice Standards apply to NDIS providers who are registered to provide specialist behaviour support to NDIS participants. They also apply to providers using restrictive practices in the delivery of any NDIS supports and services.
5.3.10 Eliminating 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.
Human Services Quality Standards
3 Responding to Individual Need
The assessed needs of the individual are being appropriately addressed and responded to within resource capacity.
3.3 BigDog ensures that services to the individual/s are delivered, monitored, reviewed and reassessed in a timely manner.
3.4 BigDog has partnerships and collaborates to enable it to effectively work with community support networks, other organisations and government agencies as relevant and appropriate.
4 Safety, well-being and rights
4.1 BigDog provides services in a manner that upholds people’s human and legal rights.
4.2 BigDog proactively prevents, identifies and responds to risks to the safety and wellbeing of people using services.
4.3 BigDog has processes for reporting and responding to potential or actual harm, abuse and/or neglect that may occur for people using services.
Delegation of Authority Name Position Details
Steven Paull Director
Courtney Carroll Director
David Burrett Operations Manager
Monique Paull HR Lawyer
Authorise review and implementation
Authorise review and implementation
Ensure information dissemination
Ensure compliance by employees
Version Details
This policy will be reviewed every twelve (12) months unless circumstances deem it necessary to review earlier. The review process will involve an analysis of the usefulness of the policy and to note any changes which are required to improve the policy. If minor changes are made in wording or to clarify the intent, the version number will indicate this by adding a ‘point’ i.e. Version 1.0 indicates the original version and 1.1 with the first round of minor changes made. A significant change or intent of the policy will be indicated by a whole new number i.e. Version 2.0.
The following rules also apply in interpreting this policy:
• Headings are for convenience only and do not affect interpretation.
• A singular word includes the plural and vice versa.
• A word that suggests one gender includes the other genders.
Date V Details
August 2016
January 2019
July 2019
June 2020
1.0 Policy developed in regard to Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 (Qld) and Disability Services Regulation 2006 (Qld)
4.0
Updated to include NDIS Commission
DSQ updated to Department of Communities, Disability Services and Seniors (DCDSS)
Updated document to new logo and format
4.1 Included reporting to the NDIS Commission
5.0
January 2021
January 2023
January 2024
April 2024
5.1
Updated to match NDIS Practice Standards and Quality Indicators
Front cover updated to Standards colour identification
Supporting Policies updated
Updated Responsible Officers details
Introduction of BigDog Training Portal and modules
6 0 Replaced ‘participant’ with ‘client’ to reflect HSQS
Included new NGO Training Program – Restrictive Practices
6 1 Policy review process included.
6.2
Updated to new Queensland Government, Department of Child Safety, Seniors and Disability Services