Commonwealth Consolidated Acts

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 181H

    The Commissioner's behaviour support function is to provide leadership in relation to behaviour support, and in the reduction and elimination of the use of restrictive practices, by NDIS providers, including by:

  (a)   building capability in the development of behaviour support through:

  (i)   developing and implementing a competency framework for registered NDIS providers whose registration includes the provision of behaviour support assessments and developing behaviour support plans; and

  (ii)   assessing the skills and experience of such providers against the competency framework; and

  (b)   developing policy and guidance materials in relation to behaviour supports and the reduction and elimination of the use of restrictive practices by NDIS providers; and

  (c)   providing education, training and advice on the use of behaviour supports and the reduction and elimination of the use of restrictive practices; and

  (d)   overseeing the use of behaviour support and restrictive practices, including by:

  (i)   monitoring registered NDIS provider compliance with the conditions of registration relating to behaviour support plans; and

  (ii)   collecting, analysing and disseminating data and other information relating to the use of behaviour supports and restrictive practices by NDIS providers; and

  (e)   undertaking and publishing research to inform the development and evaluation of the use of behaviour supports and to develop strategies to encourage the reduction and elimination of restrictive practices by NDIS providers; and

  (f)   assisting the States and Territories to develop a regulatory framework, including nationally consistent minimum standards, in relation to restrictive practices:

  (i)   in line with the National Framework for Reducing and Eliminating the Use of Restrictive Practices in the Disability Service Sector; and

  (ii)   consistent with the Convention on the Rights of Persons with Disabilities done at New York on 13   December 2006.

Note:   The Convention on the Rights of Persons with Disabilities is in Australian Treaty Series 2008 No.   12 ([2008] ATS 12) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).