Restrictive practices and the law

A restrictive practice is something that limits a person’s rights or freedom of movement.

It is used to manage behaviour that could harm the person or others.

The restrictive practices are:

• chemical restraint
• environmental restraint
• mechanical restraint
• physical restraint
• seclusion.

Learn more about the 5 restrictive practices.

What’s wrong with restrictive practices?

Restrictive practices can cause injury and psychological harm.

They limit human rights including:

• the right to equality
• the right to freedom of movement
• the right to liberty and security of person
• freedom from torture, inhuman or degrading treatment.

The Human Rights Act 2004 says you can only limit someone's rights if the limitations are:

• reasonable
• clearly justifiable.

Restrictive practices will only be reasonable where:

• there is an immediate risk to someone’s safety
• the action is taken in the least restrictive way.

A law to reduce and end restrictive practice

A law called the Senior Practitioner Act 2018:

• regulates how service providers use restrictive practice
• gives a person called the Senior Practitioner authority to investigate service providers who are not following the law.

The Senior Practitioner:

• monitors the use of restrictive practices
• investigates when someone complains about a restrictive practice
• helps reduce and end the use of restrictive practices though training and education.

Who must follow this law

This law controls the use of restrictive practices by:

• service providers
• people working for the provider, such as an employee, agent or contractor.

Service providers are organisations that provide any of the following services:

• education (ACT public schools, non-government schools, long day care, before and after school care, preschools and family day care)
• disability
• care and protection of children (in out of home care).

The law protects the rights of people in these settings.

This law does not apply to:

• close family members
• informal carers (foster carers, kinship carers, friends)
• an exempt organisation or person (called an exempt entity).

Exempt organisations and people work under other ACT laws and regulations. This includes hospitals, jails, and nursing homes (except people who are NDIS participants).

If you are unsure if this law applies to you

Contact the Senior Practitioner for advice or read the Senior Practitioner Act.

Your legal responsibilities

As a service provider, you can only use a restrictive practice if it is either:

• agreed to in a positive behaviour support plan
• used in an emergency to prevent injury or harm to the person or others.

You can only use it:

• to prevent harm to the person or harm to others
• in limited circumstances
• as a last resort
• in the least restrictive way
• for the shortest time possible.

You must:

1. Get a restrictive practice approved as part of a positive behaviour support plan.
2. Report approved and unapproved uses of a restrictive practice to the Senior Practitioner.

If you do not follow the law

You or your organisation could be held responsible.

An inappropriate use of a restrictive practice could lead to a fine and criminal prosecution.

Read about offences and penalties for the inappropriate use of a restrictive practice .

If your conduct is likely to cause harm

Wherever possible, the Senior Practitioner will help you comply with the law. This includes:

• training on restrictive practices
• learning skills to help you support a person’s behaviours.

After investigating you or your organisation, the Senior Practitioner may get you to:

• change the positive behaviour support plan for a person
• change or stop the restrictive practice.

If you do not do what the Senior Practitioner asks, they may cancel the person’s registered positive behaviour support plan.

If someone complains about your use of a restrictive practice

The Senior Practitioner will:

• give you a chance to respond to any allegation of wrongdoing
• tell you to fix any incident where you have not complied with the law.
• tell you if the Office of the Senior Practitioner will investigate and what this means.

If you break the law

If the Senior Practitioner believes you have committed an offence under the Senior Practitioner Act, they will:

1. Ask you to explain the alleged conduct.
2. Consider the information you share.
3. Let you know if they believe you have fixed the issue or if they will take further enforcement action.
4. If they cannot resolve the issue, they will prepare a brief of evidence for the Chief Police Officer, ACT Policing.
5. ACT Policing may then refer the matter to the ACT Office of the Director of Public Prosecutions.

Contact the ACT Office of the Senior Practitioner for more information about your responsibilities.

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