Department of Communities, Disability Services and Seniors

Positive Behaviour Support

Legislation to reduce and/or eliminate the use of restrictive practices

The Disability Services Act 2006 (DSA) safeguards the rights of Queenslanders with a disability. It includes a framework for service providers to provide positive behaviour support to improve the quality of life of adults with an intellectual or cognitive disability who exhibit challenging behaviour, and ensures that restrictive practices are only used when necessary to protect the adult or others from physical harm.

In relation to disability services funded or delivered by the Department of Communities, Disability Services and Seniors (DCDSS), the framework requires disability service providers to conduct an assessment of the adult and develop a positive behaviour support plan before considering, or applying for, approval or consent for the use of restrictive practices. It also requires service providers to notify the Chief Executive, DCDSS about approvals given for the use of restrictive practices, and to provide information about the use of restrictive practices to the Chief Executive.

In relation to disability services provided by NDIS registered providers, Queensland continues to authorise the use of restrictive practices.

Under Queensland’s authorisation framework, a positive behaviour support plan that contains the use of containment or seclusion must be prepared by the Chief Executive. For all other types of restrictive practice, a positive behaviour support plan can be prepared by the registered NDIS provider in accordance with the NDIS (Restrictive Practices and Behaviour Support) Rules 2018 (Cwth). Registered NDIS providers will also be required to notify the Chief Executive about approvals given for the use of restrictive practices.

However, they will provide information about the use of restrictive practices to the NDIS Quality and Safeguards Commissioner rather than to the Chief Executive.

Please also see our positive behaviour support pages and contact information.

Policies and procedures

Under the Human Services Quality Framework, service providers require policies on the use of restrictive practices. The Department of Communities, Disability Services and Seniors polices and procedures are below for service providers to use as a reference.

Other information and resources