Legal considerations for restrictive practices
Australia has made a national commitment1 to the reduction and elimination of restrictive practices including restraint (see Forms of restraint and considerations if used for challenging behaviour in a person with developmental disability for forms of restraint) for people with disability, consistent with scientific evidence that such practices can cause long-term harm or even death, and our obligations as a signatory to the United Nations Convention on the Rights of Persons with Disability. The objective to reduce and eliminate the use of restrictive practices should underpin the prescribing and implementation of such practices.
There is no legal authority that can be obtained to authorise the use of restrictive practices of any type against a child.
The use of restrictive practices on an adult is not legal unless it is compliant with state laws—some state and territory governments have legislated limited circumstances in which restrictive practices may be authorised; see Regulated restrictive practices. It is the responsibility of behaviour support or disability service providers to ensure the practice meets relevant National Disability Insurance Scheme (NDIS), and state or territory legislative or policy requirements. In most instances, consent of the person or a legal body is also required.