South Australian Current Acts

DISABILITY INCLUSION ACT 2018 - SECT 23G

23G—Principles

The following principles are to be observed in the operation of this Part:

            (a)         restrictive practices should only be used by prescribed NDIS providers in limited circumstances, as a last resort, in the least restrictive way and for the shortest period possible in the circumstances;

            (b)         the use of restrictive practices is to be limited to circumstances in which prescribed persons cause, or may cause, harm to themselves or others;

            (c)         the use of restrictive practices in relation to a prescribed person must be done in a manner that—

                  (i)         is, as far as is practicable, consistent with the prescribed person's human rights; and

                  (ii)         safeguards the prescribed person and others from harm; and

                  (iii)         is proportionate to the potential negative consequence or risk of harm; and

                  (iv)         maximises the opportunity for positive outcomes and aims to reduce or eliminate the need for use of restrictive practices; and

                  (v)         ensures transparency and accountability; and

                  (vi)         ensures, where relevant, that restrictive practices are used in relation to a prescribed person in a way that is consistent with a behaviour support plan for the prescribed person;

            (d)         the use of restrictive practices must not be used—

                  (i)         as a punishment or for the convenience of others; or

                  (ii)         to address inadequate levels of staffing, equipment or facilities.