Office of the Senior Practitioner

A disability services provider proposing to use restrictive practices must apply for authorisation from the Senior Practitioner. The application must describe all restrictive practices the disability services provider proposes to use and be accompanied by a behaviour support plan for the person with disability.

The Senior Practitioner may approve or refuse the application to use restrictive practices. If the application is approved this is known as the authorisation. The Senior Practitioner may place conditions on the authorisation, such as a requirement to provide reports to the Senior Practitioner regarding the use of the restrictive practice. Failing to comply with the conditions of an authorisation may incur financial penalties.

The Senior Practitioner will provide a written notice of any decision to approve or refuse an application for restrictive practices to the disability services provider and the person with disability to whom the application relates.

Related resources

ONLINE - Application for authorisation to use a restrictive practice

ONLINE - Application to amend a current authorisation to use a restrictive practice

Some practices place a person with disability at a high risk of physical or psychological injury or death. These practices include certain types of physical restraint and punishments and may constitute abuse and neglect. These practices are known as prohibited practices.

Prohibited practices must never be used as they carry a very high risk of causing harm to a person with disability or restricting their human rights. Prohibited practices cannot be used in relation to a person with a disability in any circumstances and cannot be authorised by the Senior Practitioner.

The use of prohibited practices may be subject to criminal charges and fines.

The NDIS Quality and Safeguarding Commission also bans high-risk restrictive practices by both registered and unregistered NDIS providers. The use of high-risk restrictive practices, including prohibited practices, is considered a serious breach of the NDIS Code of Conduct.

The specific practices that are prohibited practices are in the Disability Rights, Inclusion and Safeguarding Regulations 2025, and align with the NDIS Quality and Safeguarding Commission’s position on high-risk practices.

If prohibited practices are in use:

• Providers must immediately cease using them and appropriate action must be taken to ensure the person's safety, health and well-being. This should include the development, approval and use of alternative strategies.
• Providers, support workers, participants and any person with responsibilities under the Disability Rights, Inclusion and Safeguarding Act, should inform the Senior Practitioner and relevant authorities of the use of a prohibited practice or if they are aware of the practice being used by others.

Related resources

• Disability Rights, Inclusion and Safeguarding Regulations 2025
• NDIS Commission position statement on practices that present high risk of harm to NDIS participants

The use of an unauthorised restrictive practice may be necessary in some circumstances, such as:

• an emergency
• to protect a person with disability, or another person, from serious and imminent harm.

If this happens:

• the practice used should be the least restrictive possible to protect the person, or another person, from harm
• use of the practice must be reported to the Senior Practitioner within 5 business days of it occurring

The repeated and consistent use of an unauthorised restrictive practice may be considered an offence.

A report to the Senior Practitioner regarding the use of an unauthorised restrictive practice must contain the following information:

• the name of the provider using the restriction
• the date and location the restriction was used
• the form of restrictive practice used
• the reasons why the restrictive practice was used
• the effect on the person to whom the restrictive practice was applied.

Unauthorised restrictive practices can be reported by contacting the Office of the Senior Practitioner on 03  6166  9199 or seniorpractitioner@dpac.tas.gov.au

An APO:

• ensures the Disability Rights, Inclusion and Safeguarding Act, including its principles and any relevant rules, directions and guidelines in relation to the use of restrictive practices are followed by the disability services provider and any employees involved in the implementation of the restrictive practice
• is an employee of the disability services provider who proposes to implement a restrictive practice. Wherever possible, the APO should not be the person(s) who implements the restrictive practice (such as the person’s support worker)
• may have responsibility for oversight of all restrictive practices for the disability services provider or may have responsibility for only some. Larger providers may choose to appoint more than one APO
• is protected from liability in relation to the Act if the action was done in good faith and in the performance of a function imposed by the Act
• needs to be appropriately qualified, trained and have a sound understanding of contemporary positive behaviour support and the NDIS Regulated Restrictive Practices Guide.

A provider may appoint more than one APO. The number of APOs appointed by a provider should be proportionate to the size and scale of the provider and the scope and complexity of supports provided.

An APO must be approved by the Senior Practitioner. Where a provider proposing to implement a restrictive practice does not have an APO, the Senior Practitioner can direct the provider to appoint one.

The process of approval begins by the provider making an application to the Senior Practitioner. The applicant must be an employee with the appropriate authorisation to nominate an APO. An employee cannot nominate themselves for the role of APO.

Information provided in the form includes relevant education and training by the proposed APO as well as relevant work experience in positive behaviour support, the use of restrictive practices and the role of the APO. A concise curriculum vitae is also required.

In considering an application the Senior Practitioner may:

• approve the appointment, including imposing conditions or limitations
• amend the approval by changing or adding conditions or limitations
• refuse an application or revoke a previously approved application.

If the Senior Practitioner refuses an application, they will provide written notice to the provider who made the application, including the reasons for the decision.

ONLINE - Application for approval of an Appointed Program Officer

The Independent Person assists a person with disability to understand their rights under the Disability Rights, Inclusion and Safeguarding Act.

This includes assisting a person with disability to:

• understand the proposed use of a restrictive practice
• express their will and preference in relation to the decision to authorise and implement a restrictive practice
• understand they may seek a review of a decision made by the Senior Practitioner
• understand changes to a behaviour support plan if those changes involve the use of restrictive practice or a more restrictive type of restrictive practice.

The Independent Person must inform the Senior Practitioner if they consider:

• the person with disability is not able to understand a proposal to use a restrictive practice
• the requirements of the Act are not being complied with
• the requirements of NDIS legislation and rules are not being complied with.

The Independent Person role is generally best suited to someone from the person with disability’s immediate social network, such as a family member, guardian or friend who has an interest in their wellbeing.

A person is not suitable to be appointed as the Independent Person if:

• they are a disability services provider for the person with disability
• the person is an employee or member of the governing body of a disability services provider for the person with disability
• the person has an interest in a disability services provider for the person with disability
• the person has had responsibility for the development or review of the behaviour support plan for the person with disability.

Once an Independent Person has been chosen, the APO must submit the proposed appointment to the Senior Practitioner for approval. This can be done at the time an application for authorisation to use restrictive practices is made.

The Senior Practitioner may approve (either fully or with conditions) or refuse to approve the appointment. The Senior Practitioner will advise the person with disability and the APO of the nominated Independent Person of their decision.