Use of restraint as a form of abuse

Restraint refers to any practice that restricts the rights or freedom of a person with disability to move. For definitions and types of restraint, see the NDIS Quality and Safeguards Commission website. 

In all states and territories, there is no law specifically allowing or regulating the use of restraint or restrictive practices against a child. The use of restraint against an adult with disability who has a cognitive impairment is permitted only under limited circumstances (eg when the person’s behaviour poses a risk of harm to self or others). Use of restraint outside regulation is known as ‘unauthorised use’ of restrictive practices. Unauthorised use of restraint is classified as abuse, and should be reported (see What to do if you suspect abuse). See also Restrictive practices, the law and the responsibility of the doctor. 

Caregivers of people with developmental disability—both family and non-family—should receive clear and accurate information about restrictive practices and potential abuse. Ensuring that parents and support people are adequately supported and resourced will help to minimise the risk of them (knowingly or unknowingly) using restrictive practices; see Support for carers and family of people with developmental disability and Trauma-informed care and preventing abuse in people with developmental disability.

Many families and caregivers do not know, or are unclear about, a person’s rights in relation to restrictive practices. When they observe or discover that a paid caregiver or other professional such as a teacher is restraining the person with developmental disability, they often fear speaking up in case it results in the provider relinquishing the person’s care. It is important that general practitioners understand and inform families and caregivers of the person’s rights, and support advocacy efforts.