WHAT YOU DON’T KNOW CAN COST YOU YOUR REGISTRATION AND YOUR REPUTATION

In the past year, over 1.7 million restrictive practices were reported to the NDIS Commission. That number is not just a statistic; it is a signal. It is a signal that many providers are:

  • Using practices they don’t fully understand.
  • Failing to meet their obligations under the NDIS (Restrictive Practices and Behaviour Support) Rules.
  • Putting participants, staff, and their entire organisation at risk.


Authorised or not, every restrictive practice must be legally justified, properly documented, and safely implemented.

Restrictive practices are any intervention that limits a person’s rights or freedom of movement. Under the NDIS framework, this includes:

  • Seclusion
  • Chemical restraint
  • Mechanical restraint
  • Physical restraint
  • Environmental restraint

The mistakes that could get you banned from the NDIS

Everyone in your organisation needs to understand that these red flags can mean the difference between leading a safe, quality-focused organisation and facing a show cause notice.

❌ Using restrictive practices without formal authorisation

'But we only did it once... and it was to keep them safe.'

This is the most common and most dangerous mistake. Even a single incident of seclusion, restraint, or environmental restriction used without authorisation and not documented in a behaviour support plan (BSP) can trigger a response from the NDIS.

• Ensure every restrictive practice in use is included in a commission approved Behaviour Support Plan (BSP).

• Seek formal state/territory authorisation if required.

• Immediately report any unauthorised use via the ‘My Reportable Incidents’ in the NDIS Commission Portal.

Remember: 'unwritten' practices are still reportable. Intent does not excuse non-compliance.

    ❌ Failing to train all staff, including casuals and agency workers

    'They have worked in disability for years, they should know what to do by now.' 

    Assuming experience equals a lack of need for training is a major risk.

    Casuals, agency staff, or new starters must receive restrictive practice training before working with any person with an active BSP.

    If they are not trained, they may unintentionally use or escalate restrictive responses. Leading you to breach your obligations under the NDIS Practice Standards and a loss of defensibility if something goes wrong.

    • Build a basic and a detailed onboarding program that includes restrictive practice training.

    • Include on the floor refreshers, not just annual workshops.

    • Keep training records up to date as they are evidence in an audit or investigation.

    Tip: Training is only as strong as your rostering. If untrained staff are placed with high-risk clients, you are still liable.

    ❌ Not reviewing behaviour support plans regularly

    'We had a BSP from last year. It is still valid.'

    That might be true on paper, but BSPs must reflect the current behaviour and context of the person.

    Common issues we see include:

    • - The behaviour has changed, but the plan has not.
    •  - The restrictive practice is still in the plan, but is no longer used, or vice versa.
    • - Risk factors or environmental triggers are missing or outdated.
    • - The implementers do not even know where the plan is stored.

    If you think there might be restrictive practices, ask:

    • ❓Would we do this to someone who was not disabled?
    • ❓Is this based on the person's assessed need, or on staff convenience or risk aversion?
    • ❓Do they understand, agree to, or have a say in this decision?
    • ❓Is there a pathway out of the restriction, or is it indefinite?

    Reviewing behaviour support plans

    Review frequency: Review BSPs every three months or immediately following any critical incident.

    Collaboration: Involve the person, their support team, and the author in the review process.

    Portal updates: Update the plan through the portal whenever changes occur.

    Tip: The Commission does not just check that you have a plan. They check if it is being followed and implemented in practice.

    Moving beyond the clinical perspective

    The mistake: Treating restrictive practices solely as a clinical issue.

    Common misconception: "That is up to the behaviour practitioner." This is incorrect. Restrictive practices are a whole-of-organisation responsibility. If your frontline team, rostering coordinator, or house supervisor does not understand what is in the BSP, or when and how to apply safeguards, the provider remains accountable.

    Restrictive practices are not just a clinical decision. They:

    • Impact rostering: For example, requiring specifically trained staff.
    • Impact reporting: For example, determining who logs incidents and the methodology used.
    • Impact culture: They affect cultural safety and team dynamics.
    • Require oversight: They must be monitored by governance and quality teams.

    Action steps for service providers

    Service providers must find ways to share relevant parts of the BSP with everyone supporting the person. Key actions include:

    • Coaching: Ensuring team leaders are trained to coach and guide staff rather than just observing and critiquing.

    • Governance: Including restrictive practice tracking in risk and quality meetings.

    • Daily dialogue: Facilitating daily team conversations focused on "least restrictive practice" and "dignity of risk".

    Avoiding these mistakes does more than just protect your registration. It creates safer, more respectful services for people with disability. It sends a clear message to your team: "We do not just do what is legal. We do what is right."

    Hidden or informal restrictive practices

    Some of the most common breaches are not caused by obvious restraints. They come from routine practices that limit a person’s rights without formal recognition or authorisation. 

    These are known as hidden or informal restrictive practices. They are particularly risky because:

  • Staff do not realise they are using a restriction.

  • They are often part of a house rule or cultural norm.

  • They go undocumented and unreported until a complaint or incident forces scrutiny.

      • The big no-no:

      'You can’t go out unless you’ve had a shower.'

      This limits a person’s freedom of movement based on a behaviour or condition you have imposed on them. It's not just a restrictive practice. It is prohibited.