Project status: Open

How to have YourSay

The Senior Practitioner Act 2018 (the Act) regulates the use of a restrictive practice that limits the rights or freedom of movement of a person who is receiving services from an education, disability support or care and protection service provider.

The Act provides a framework for the reduction and elimination of the use of a restrictive practice. Restricting a person’s freedom of movement can only be used as a last resort to protect that person or others from harm, in the least restrictive way and for the shortest time possible.

During a recent consultation on the Act, the community told us it wants the government to make clear that some restrictive practices are not allowed.

In response, we propose to define and list restrictive practices which cannot be used. If those practices are used, it may be an offence and there may be penalties.

We want to hear from you about what you think of this solution or if you have other ideas about how we stop these restrictive practices being used.

Read the discussion document Defining prohibited practices under the Senior Practitioner Act 2018 to find out more.

You can have your say:

What are restrictive practices?

The Senior Practitioner Act 2018 (the Act) came into law on 1 September 2018. It provides a framework for the reduction and elimination of the use of restrictive practices by service providers in the ACT.

A restrictive practice means a practice that is used to restrict the rights or freedom of movement of a person. Restrictive practices are primarily used to protect the person or other people from harm. They can range from chemical to physical restraints and may only ever be used when necessary, for the shortest time possible and when in conjunction with a positive behaviour support plan.

The Act regulates the use of restrictive practices by persons or organisations who provide any of the following services to another person:

  • education
  • disability support
  • care and protection of children
  • other services prescribed by regulation.

The Act affirms and strengthens the rights of vulnerable people by providing greater protection from the unnecessary use of restrictive practices.

Under the Act a provider can only use a restrictive practice:

  1. In line with a positive behaviour support plan. A registered panel approves positive behaviour support plans, and the Senior Practitioner registers them.
  2. If the provider believes it is necessary to stop harm to the person or other people.

For more information about the Senior Practitioner Act and restrictive practices see the Community Services Directorates website here: https://www.communityservices.act.gov.au/quality-c...

We will use your views to

We will use your feedback to assist in the development of a list of restrictive practices that must not be used and define penalties that may apply should an individual or provider use them.