Restrictive Interventions in Services for People with Disability Policy

SDMS Id Number:

P16/000490

Effective From:

June 2014

Replaces Doc. No:

Aversive, Restrictive and Intrusive Practices in Services for People with Disability Policy DS007

Custodian and Review Responsibility:

Disability Services Policy and Programs

Contact:

Senior Practitioner, Disability and Community Services

Applies to:

All services directly managed by Disability and Community Services and all community based organisations funded by Disability and Community Services. All Managers and Support Staff.

Policy Type:

DHHS-Wide Policy

Review Date:

June 2017

Keywords:

aversive, restrictive, intrusive, disability

Routine Disclosure:

Yes

Approval

Prepared by

Senior Program Officer, Disability and Community Services

1300 135 513

4 October 2013

Through

Senior Practitioner, Disability and Community Services

1300 135 513

16 October 2013

Through

Director, Disability and Community Services

1300 135 513

21 October 2013

Approved by

Deputy Secretary, Disability, Housing and Community Services

1300 135 513

21 October 2013

Revision History

Version

Approved by name

Approved by title

Amendment notes

 

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Purpose

  • Maximise the opportunity for positive outcomes for people living with disability.
  • Reduce or eliminate the need for the use of restrictive, aversive and intrusive practices across the disability services sector and ensure increased transparency and accountability.
  • Ensure that the inherent dignity and individual autonomy, including the freedom to make choices, of people with disability are respected.

Transition to the NDIS

  • Until commencement of the Full Scheme NDIS on 1 July 2019 all providers delivering DCS funded specialist disability services and services to NDIS funded participants are required to maintain compliance with DCS policies and procedures.
  • Working collaboratively, open communication and information sharing during this transition period are essential. Providers with questions about DCS policies and procedures should contact their DCS Area Office, Community Partnership Team for clarification.
  • Existing arrangements relating to Quality and Safety will remain in place for all individuals and NDIS participants until a National Approach is finalised. Eg. providers are required to comply with the DHHS Quality and Safety Standards Framework for Tasmania's Agency Funded Community Sector and ensure compliance with the Tasmanian Disability Services Act (2011) and Tasmanian Disability Services Regulations (2015). Providers will be notified formally of any change in arrangements relating to quality assurance.

Mandatory Requirements

  • This is a DHHS wide policy and must not be re-interpreted so that subordinate policies exist.  Should discreet operational differences exist, these should be expressed in the form of an operating procedure or protocol.
  • The Tasmanian Disability Services Act 2011 provides the legislative basis for the provision of specialist disability services.

This policy must be read in conjunction with the Tasmanian Disability Services Act 2011.

  • Regulation of Restrictive Interventions is outlined in Part 6 of the Tasmanian Disability Services Act 2011.
  • This policy relates directly to a disability service providers or funded private persons who must ensure a restrictive, aversive or intrusive is not carried out.
  • All disability service providers or funded private persons must ensure that a type of restrictive intervention is not carried out in relation to a person with disability who is under the care or control of a disability services provider or a funded private person.
  • Failure to comply with this policy, without providing a good reason for doing so, or as approved under Tasmanian Disability Services Act 2011 Part 6 sections 36 subsection (2), section 38 and section 42 will lead to disciplinary action.
  • Disciplinary action in this context may be a Penalty under the Tasmanian Disability Services Act 2011 or constitute a breach of your Funding Agreement with the Department.

Roles and Responsibilities/Delegations

Disability service providers and funded private persons

  • Must communicate to all staff that the use of unauthorised restrictive, aversive and intrusive interventions is prohibited.
  • Must ensure that a type of restrictive practice intervention is not carried out in relation to a person with disability who is under the care or control of the disability services provider or a funded private person (Tasmanian Disability Services Act 2011 Part 6 section 36 subsection (1)).
  • At all times follow and comply with common law known as ‘duty of care’ to protect the person with disability or others from harm.
  • All emergency situations where a restrictive intervention is used must be reported as soon as possible to the Disability and Community Services Senior Practitioner.
  • The right of an individual with disability is treated with dignity and respect and remains free from harm and abuse as per the United Nation’s Declaration on the Rights of Mentally Retarded Persons 1971, the United Nation’s Declaration on the Rights of Disabled Persons 1975, and the United Nations Convention on the Rights of Persons with Disability 2006.
  • Communicate to all staff:
    • the role and responsibilities of the Senior Practitioner that has been established under the Tasmanian Disability Services Act 2011 to protect these rights.
    • the primary functions of the Disability and Community Services Senior Practitioner including the authorisation and monitoring of restrictive practices in Disability and Community Services provided or funded services.
    • the Senior Practitioner provides advice and information to the Guardianship and Administration Board on matters related to restrictive practices.
    • aversive therapy/treatment practices are not to be used under any circumstances by services managed or funded by Disability and Community Services.
    • under the provisions of the Criminal Code Act 1924 and the Police Offences Act 1935, certain forms of aversive practices may constitute an assault (e.g. [physical abuse, threats, or confinement without consent) and those responsible may potentially face criminal charges and prosecution by the police.

Risk Implications

  • Non- compliance with this policy will result in a breach under the Tasmanian Disability Services Act 2011.
  • Interests of all parties are not being maintained and any potential risks to those interests are not being mitigated.
  • Not meeting the requirements of the Quality and Safety Standards Framework.

Training

  • Disability services provider or a funded private person are to ensure that all staff, whether employees or volunteers are appropriately qualified and skilled and where appropriate, credentialed and registered.
  • All staff, whether employees or volunteers are to be provided with adequate support, training, debriefing and directions to enable them to effectively perform their duties.

Audit

  • This policy will be included in the work program of the DHHS Internal Audit function.
  • This work program is approved by the Audit and Risk Committee and will assess underlying systems and procedures for compliance with the requirements of this policy.
  • The overall focus of this assessment will be one of continuous improvement to DHHS activities.

Attachments

  1. Restrictive Interventions in Services for People with Disability Guidelines P2012/0177-005.

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