Navigating the Nuances Between the NDIS Federal Legislation and Queensland’s Disability Services Act: A Guide for Participants, Caregivers, and Behaviour Support Practitioners
When it comes to managing behaviours of concern for people with disabilities, both the National Disability Insurance Scheme (NDIS) and Queensland’s Disability Services Act 2006 (DSA) play crucial roles. However, navigating the nuances between these two legislative frameworks can be challenging for participants, caregivers, and behaviour support practitioners.
This blog will explore how to effectively work within both systems, ensuring that the individual’s rights are upheld while providing the necessary supports.
Understanding the Legislative Landscape
The NDIS operates under Federal legislation through the NDIS Act 2013 and the Restrictive Practices and Behaviour Support Rules 2018, which apply across Australia. This national framework sets the foundation for how restrictive practices are used and monitored for NDIS participants, with a strong emphasis on reducing and eliminating these practices over time.
At the state level, Queensland has its own legislative framework, the Disability Services Act 2006 (DSA), which adds an additional layer of regulation specifically for restrictive practices used in disability services. The DSA outlines how restrictive practices should be authorised and implemented within the state, often requiring further state-based approvals in addition to the federal NDIS requirements.
Key Differences and How to Navigate Them
While both pieces of legislation have the same fundamental goal of protecting the rights and safety of people with disabilities, there are some important differences to be aware of:
1. Authorisation Processes
NDIS Federal Legislation: Under the NDIS, restrictive practices must be authorised in line with state or territory laws. This means that while the NDIS sets out what constitutes a restrictive practice, the approval process must follow local state or territory regulations.
Disability Services Act (QLD): In Queensland, the DSA requires a specific authorisation process for each type of restrictive practice (e.g., chemical restraint, mechanical restraint). Providers must apply for authorisation through the Queensland Civil and Administrative Tribunal (QCAT) or relevant state authority, depending on the type of practice.
How to Navigate:
For Participants and Caregivers: It’s important to understand that even if a restrictive practice is included in an NDIS Behaviour Support Plan, it still needs to be authorised by the appropriate Queensland authority. Your NDIS Behaviour Support Practitioner will guide you through this process and help with the necessary applications.
For Practitioners: Ensure that you’re familiar with the state-specific authorisation requirements in addition to the NDIS requirements. This involves ensuring that all restrictive practices proposed in the Behaviour Support Plan are compliant with Queensland’s DSA authorisation processes.
2. Monitoring and Reporting
NDIS Federal Legislation: The NDIS Quality and Safeguards Commission is responsible for monitoring the use of restrictive practices across all states and territories. All behaviour support plans that include restrictive practices must be lodged with the Commission, and any unauthorised use must be reported as a reportable incident.
Disability Services Act (QLD): In Queensland, the DSA requires additional reporting to state-based authorities. Queensland disability service providers must keep detailed records of how restrictive practices are used and report this usage to both state and federal oversight bodies.
How to Navigate:
For Participants and Caregivers: Your service providers should be transparent about how and when restrictive practices are being used. You should receive regular updates and reports from your service provider, ensuring that practices are in line with both NDIS and Queensland regulations.
For Practitioners: Be diligent in maintaining thorough records and submitting all required reports to both the NDIS Commission and the relevant Queensland authorities. Failure to comply with either could lead to non-compliance action.
3. Behaviour Support Plans and Consent
NDIS Federal Legislation: The NDIS requires all restrictive practices to be part of a Behaviour Support Plan developed by an approved Behaviour Support Practitioner. This plan must be created in consultation with the participant, their caregivers, and their support team.
Disability Services Act (QLD): In Queensland, additional consent requirements may apply. For instance, if a participant cannot provide informed consent, the DSA mandates that an authorised guardian or decision-maker must approve the use of restrictive practices. This aligns with Queensland’s commitment to protect the rights of vulnerable individuals.
How to Navigate:
For Participants and Caregivers: You should be involved in the development of the Behaviour Support Plan, ensuring your views and preferences are respected. If you are unable to give consent, a guardian may need to step in. The Queensland system ensures that consent is obtained and that your rights are safeguarded at every step.
For Practitioners: Ensure that you obtain all necessary state-based consents in addition to federal requirements. This involves liaising with guardians and Queensland authorities to ensure the plan can be legally implemented.
Collaboration Is Key
Navigating the NDIS and Queensland’s DSA requires close collaboration between participants, caregivers, and practitioners. Here’s how you can work together to ensure success:
1. Clear Communication
Open lines of communication between all parties ensure that everyone is on the same page. Participants and caregivers should feel empowered to ask questions, while practitioners need to provide clear explanations of both the NDIS and DSA requirements.
2. Regular Reviews
Both the NDIS and DSA emphasise the importance of regularly reviewing Behaviour Support Plans and restrictive practices. This is a good opportunity to make sure the supports being provided are still appropriate, necessary, and compliant with all regulations.
3. Education and Training
Providers and practitioners should take responsibility for educating participants and caregivers about the differences between federal and state laws. This includes providing training and support to caregivers to ensure they understand the procedures and their rights under both frameworks.
Conclusion: Navigating a Complex System Together
The intersection between the NDIS federal legislation and Queensland’s Disability Services Act can be complex, but with the right guidance and collaboration, participants, caregivers, and practitioners can successfully navigate the system. By understanding the differences in authorisation, reporting, and consent, and working together closely, you can ensure that restrictive practices are used appropriately and that the rights of people with disabilities are always upheld.
Always seek advice and guidance from qualified Behaviour Support Practitioners who can help you work within these legal frameworks, ensuring compliance and promoting the best outcomes for the individual involved.
Stay tuned for more insights on navigating the NDIS and state-based systems!
Written By: Ben Dowton
With over 5 years of experience, Ben Dowton has worked extensively with individuals of all ages who have complex behavioural needs.
He is highly skilled in creating and implementing positive behaviour support plans that promote individual growth and development while also reducing challenging behaviours. Ben is passionate about providing person-centred care and ensuring that each individual's unique needs are met with empathy and respect.