NDIS Quality and Safeguards Commission update

As part of Western Australia’s transition to the NDIS, from 1 December 2020 the National Quality and Safeguarding Commission (the Commission) will introduce new safeguarding regulations for disability service providers, such as Rocky Bay, in WA.

The new regulations mean improved safety and better services for all NDIS participants. This includes the introduction of rules and reporting on the use of Regulated Restrictive Practices (RRP) by providers, ensuring providers can continue to offer the best support to customers, with a strong focus on customers’ human rights.

As part of our ongoing commitment to the safety and well-being of our customers, Rocky Bay is currently looking at all the possible restrictive practices that are currently used to keep customers safe. These may include things such as buckle guards on car seatbelts, locks on front doors or fridges in our supported accommodation homes, and occasional restrictions used during community visits.

What is a Regulated Restrictive Practice?

An RRP is a practice which has the effect of restricting the rights or freedom of movement of a person living with disability.

These practices may be necessary to keep customers safe, especially those with behavioural concerns. It is important that any identified RRP is always part of a behaviour support plan, must only be used when there is no other alternative and with the understanding and consent of the person themselves, their family and decision makers.

The new safeguarding regulations mean providers must closely monitor and report regularly on all RRPs so that they are only used to keep someone safe from harm. Rocky Bay has always been very conscious of carefully applying any RRP and therefore these additional controls are supported and will be well managed.

There are five categories of regulated restrictive practices that must be reported to the Commission:

1. Physical restraint – the use of physical force to prevent, restrict or subdue movement to any part of a person’s body to control behaviour
2. Mechanical restraint – use of a device to prevent, restrict or subdue movement or control behaviour
3. Environmental restraint – any restriction on a person’s independence by the means of physical barriers or removal of items
4. Chemical restraint – use of medication to manage or control behaviours
5. Seclusion – the sole confinement of a person in a space or room which they cannot leave

How will this affect me or my family member?

Services to customers will not change and you do not need to take any action. If the new regulations affect you or your family member, a representative from Rocky Bay will contact you to explain what this means for you, and the next steps. They will discuss your options and work closely with you throughout this process.

RRPs can only be used as part of a behaviour support plan (BSP). These must be developed by a registered positive behaviour support (PBS) practitioner. A BSP will assist our disability support workers to understand why a customer may have behaviours of concern and suggest ways to help develop new skills and reduce the need for RRP in the long term. The Commission must be given a copy of the BSP and Rocky Bay will then be required to regularly report whenever the RRP is used.

We will continue to provide regular communication and updates on the Commission and safeguarding regulations.

If you would like more information, or if you wish to find out how this may directly impact yourself or your family member, please contact our friendly Customer Engagement team on 08 9282 1900 or email [email protected].