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Restrictive practices - a guide for service providers

NDS has sought interim advice on the additional requirements imposed by the Disability Services and Other Legislation Amendment Act 2008 and associated policy framework, with regard to restrictive practices and the auditing process under the Queensland Disability Sector Quality System.

NDS is working with the Queensland Government, Certifying Bodies and JAS-ANZ to ensure that definitive guidance will be made available as soon as possible to all service providers that are subject to the amended legislation.

In the meantime, please download the NDS Restrictive Practice Workbook and NDS Restrictive Practice Checklist.

NDS member organisations should also note the following:

  1. The legislation stipulates a “transitional period” to end December 2009 “to give relevant service providers and other parties time to prepare for the full requirements of the Act”.

  2. During the transitional period auditing requirements under the Queensland Disability Service Standards will be maintained, including the requirement that service providers’ “corporate governance structure, values, strategies, objectives and practices demonstrate effective compliance with all relevant legislative…requirements”. In other words, any non-compliance with the legislation identified during an audit may give rise to a major or minor non-conformance against the Queensland Disability Service Standards.

  3. It is strongly recommended that NDS members familiarise themselves as soon as is practicable with the requirements of the amended legislation, and take steps to ensure that they have developed evidence of conformance well before their next audit.

The first step in ensuring conformance is an overarching audit of all current service users to determine whether your service has any service users who are subject, or are likely to be subject to restrictive practices. This audit needs to be thorough, thoroughly documented and completed well before the end of the transitional period.

Important fact sheets on the legislative amendments are available from the DSQ website, including fact sheets on:

Last updated: 30 March 2009