Impact statements are required when an NDIS participant faces restrictions because of the actions of others.
Welcome to our informational page on NDIS Impact Statements related to Restrictive Practices. This page is designed to help NDIS participants, their families, and service providers understand the importance of human rights when applying restrictive practices in various care settings.
We aim to promote informed decision-making that respects the dignity and autonomy of all individuals. This page examines Impact Statements and links to other resources that cover Restrictive Practice more broadly.
Restrictive Practices – Must Comply With NDIS’ Quality & Safeguarding Framework
Strict legal and ethical guidelines protect individuals’ rights when using restrictive practices. Adopting a human rights-based approach is crucial, ensuring that any restrictive measure is a last resort. Providers must comply with laws like the NDIS Quality and Safeguarding Commission, which ensures rights protection and ethical service delivery.
Human Rights Guide The Use Of Restrictive Practices
Human rights are fundamental rights that belong to every person, regardless of background, where they live, what they look like, or what they believe. These include the right to dignity and respect, autonomy and freedom, participation in society, and freedom from abuse, neglect, or harm, as well as coercion or degrading treatment. Under the NDIS, these rights guide the implementation of restrictive practices to ensure they are used ethically and responsibly, promoting the safety of individuals and others by reducing harm.
Human Rights – Key Principles
Human rights refer to the fundamental freedoms and protections that all individuals are entitled to. These rights are enshrined in international documents such as the Universal Declaration of Human Rights (UDHR) and other treaties such as the Convention on the Rights of Persons with Disabilities (CRPD).
Key human rights principles include:
In contexts where restrictive practices are used, it is crucial to assess whether those practices align with human rights principles, particularly those regarding dignity, freedom, and autonomy.
Where The NDIS Participant has Regulated Restricted Practices
Section 9 of the NDIS Act 2013 defines a restrictive practice as ‘any practice or intervention that has the effect of restricting the rights or freedom of movement of a person with disability’. Under the National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018, there are five restrictive practices that are subject to regulation and oversight by the NDIS Commission. These are chemical restraint, mechanical restraint, physical restraint, environmental restraint and seclusion.
Restrictive Practices Safety Framework
Understanding and properly implementing restrictive practices is vital to safeguarding the rights and dignity of NDIS participants.
Through education, advocacy, and adherence to legal standards, the Mindspace team can ensure that these practices are only used when necessary and in the least restrictive manner possible.
We encourage all involved in care to seek ongoing education and support to improve the lives of those receiving services under the NDIS.
Where The NDIS Participant Faces Restrictions Because of The Actions of Others
Impact statements are crucial when restrictions are imposed, not because of the individual’s actions but because of those of others they live with, affecting their day-to-day life and freedom.
Dietary Restrictions Due to Allergies
Scenario: Mia, an NDIS participant, shares a kitchen with individuals with severe food allergies. As a result, certain foods that are essential to Mia’s diet are banned from the common areas.
Impact Statement: This impact statement will discuss Mia’s nutritional and psychological effects from these dietary restrictions. It would also evaluate the necessity of the restrictions to prevent allergic reactions among her housemates and consider alternatives such as safe food storage or designated cooking times.
Noise Sensitivity in a Group Home
Scenario: Jasmine, who has autism and is highly sensitive to noise, lives in a group home with individuals who often play loud music or television, which causes her significant distress.
Impact Statement: The impact statement would explore using noise-cancelling headphones or providing a quiet room for Jasmine. It would assess the balance between her need for a calm environment and her opportunity to socialise and participate in communal activities.
Impact statements are essential tools to evaluate how restrictive practices affect the rights and well-being of individuals under the NDIS. These statements should cover:
Identify Potential Harm:
Identify any potential harm caused by the practices.
Evaluate Necessity & Scale:
Assess the necessity and proportionality of the restriction.
Consider Alternatives:
Consider less restrictive alternatives.
These links provide comprehensive guidelines and educational materials to help understand and apply these practices responsibly.
