{"id":"disability-inclusion-restrictive-practices-ndis-regulations-2021","name":"Disability Inclusion (Restrictive Practices—NDIS) Regulations 2021","slug":"disability-inclusion-restrictive-practices-ndis-regulations-2021","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235375,"registerId":"sa-disability-inclusion-restrictive-practices-ndis-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Disability Inclusion (Restrictive Practices—NDIS) Regulations 2021","content":"South Australia\nDisability Inclusion (Restrictive Practices—NDIS) Regulations 2021\nunder the Disability Inclusion Act 2018\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tLevel 1 restrictive practices\n5\tLevel 2 restrictive practices\n6\tRisk of harm\n7\tMeaning of detention\n8\tProhibited restrictive practices\n9\tRestrictive practices guidelines\n10\tSenior Authorising Officer\n11\tAuthorised Program Officers\n12\tAuthorisation of use of level 1 restrictive practices by Authorised Program Officer\n13\tAuthorisation of use of level 1 or 2 restrictive practices by Senior Authorising Officer\n14\tReview of decisions by South Australian Civil and Administrative Tribunal\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Disability Inclusion (Restrictive Practices—NDIS) Regulations 2021.\n2—Commencement\nThese regulations come into operation on the day on which Part 6A of the Disability Inclusion Act 2018 (as enacted by the Disability Inclusion (Restrictive Practices—NDIS) Amendment Act 2021) comes into operation.\n3—Interpretation\nIn these regulations—\nAct means the Disability Inclusion Act 2018.\n4—Level 1 restrictive practices\n\t(1)\tFor the purposes of the definition of level 1 restrictive practice in section 23B(1) of the Act, the following restrictive practices are declared to be level 1 restrictive practices:\n\t(a)\tenvironmental restraints (other than environment restraints that are level 2 restrictive practices);\n\t(b)\tmechanical restraints (other than mechanical restraints that are level 2 restrictive practices);\n\t(c)\tchemical restraints (other than chemical restraints that are level 2 chemical practices).\n\t(2)\tA prohibited restrictive practice will be taken not to be a level 1 restrictive practice.\n\t(3)\tFor the purposes of subregulation (1), preventing access by a prescribed person to an area they are not permitted to enter will be taken not to be an environmental restraint.\nExample—\nSuch areas might include staff rooms, staff storage areas and record keeping areas.\n\t(4)\tFor the purposes of subregulation (1), it is not relevant whether a restrictive practice is used in respect of a particular prescribed person or prescribed persons generally.\n5—Level 2 restrictive practices\n\t(1)\tFor the purposes of the definition of level 2 restrictive practice in section 23B(1) of the Act, the following restrictive practices and combinations of restrictive practices are declared to be level 2 restrictive practices:\n\t(a)\tseclusion (being seclusion of a kind declared under regulation 7 not to constitute detention of a person);\n\t(b)\tenvironmental restraint consisting of—\n\t(i)\tthe use of electronic monitoring devices worn by a person (however described); or\n\t(ii)\tthe locking of external gates and external doors of residential premises (other than where such an act or omission constitutes the detention of a prescribed person); or\n\t(iii)\tthe continuous accompanying of a prescribed person by another person; or\n\t(iv)\tthe limitation of access to, or use of, a mobility device (including by failing to charge batteries, the application of brakes or otherwise rendering the device inoperative); or\n\t(v)\tthe limitation of access to means of communication;\n\t(c)\tmechanical restraint that requires the use of force to apply;\n\t(d)\tphysical restraint;\n\t(e)\tchemical restraint consisting of—\n\t(i)\tthe administration of a drug by means of an invasive procedure; or\n\t(ii)\tthe use of 2 or more psychotropic drugs (whether administered by or on behalf of the same registered NDIS provider or otherwise); or\n\t(iii)\tthe use of more than 5 different drugs (whether administered by or on behalf of the same registered NDIS provider or otherwise); or\n\t(iv)\thormonal manipulation;\n\t(f)\tthe use of more than 5 level 1 restrictive practices in respect of a particular prescribed person (whether by the same registered NDIS provider or otherwise).\n\t(2)\tA prohibited restrictive practice will be taken not to be a level 2 restrictive practice.\n\t(3)\tFor the purposes of subregulation (1), preventing access by a prescribed person to an area they are not permitted to enter will be taken not to be an environmental restraint.\nExample—\nSuch areas might include staff rooms, staff storage areas and record keeping areas.\n\t(4)\tExcept where the contrary intention appears, for the purposes of subregulation (1), it is not relevant whether a restrictive practice is used in respect of a particular prescribed person or prescribed persons generally.\n6—Risk of harm\nFor the purposes of section 23B(2) of the Act, the following behaviour is prescribed:\n\t(a)\tcausing damage to property, or an express or implied threat that damage will be caused to property (whether the property belongs to the person or any other person);\n\t(b)\tcausing human biological material to come into contact with a person or object (whether by directly applying the material to the person or object or otherwise).\n7—Meaning of detention\n\t(1)\tFor the purposes of section 23C(1)(d) of the Act, the imposition of a condition requiring a prescribed person to obtain the approval of a specified person before they can leave premises is declared to be included in the ambit of that paragraph.\n\t(2)\tFor the purposes of section 23C(1) of the Act, the following acts and omissions are declared not to constitute the detention of a person:\n\t(a)\tthe locking of external gates and external doors of residential premises where NDIS supports and services are provided on a 24 hour basis to a prescribed person in circumstances where the prescribed person does not have such supports as may be reasonably necessary to enable the prescribed person to safely leave the premises at their discretion;\nNote—\nSuch an act or omission may, however, amount to an environmental restraint.\n\t(b)\tthe temporary confinement (not exceeding 2 hours) of a prescribed person in a particular area where the confinement—\n\t(i)\toccurs in an emergency situation; and\n\t(ii)\tis reasonably necessary to prevent serious harm being caused to the prescribed person or to another person; and\n\t(iii)\tis for the purpose of de‑escalation or self regulation.\nNote—\nSuch an act or omission may, however, amount to seclusion.\n8—Prohibited restrictive practices\n\t(1)\tFor the purposes of section 23D(1) of the Act, use of the following kinds of restrictive practices is prohibited:\n\t(a)\tprone restraint;\n\t(b)\tsupine restraint;\n\t(c)\tany form of restraint intended to restrict or affect a person's respiratory or digestive function;\n\t(d)\tforcing the head of a person forward onto the person's chest (other than that occurring incidentally in the course of using level 1 or 2 restrictive practices);\n\t(e)\tany form of restrictive practice that involves or includes the deliberate infliction of pain or discomfort (including the hyperextension of joints, or the application of pressure to the chest, of a person) to secure compliance;\n\t(f)\tany other kind of restrictive practice declared by the restrictive practices guidelines to be a prohibited restrictive practice.\n\t(2)\tIn this regulation—\nprone restraint means the restraint of a person by forcing the person into a face down position;\nsupine restraint means the restraint of a person by forcing the person into a face up position.\n9—Restrictive practices guidelines\n\t(1)\tFor the purposes of section 23H(3)(b) of the Act, the following consultation is required:\n\t(a)\tconsultation with people who have lived experience of the use of restrictive practices;\n\t(b)\tconsultation with the following persons and bodies:\n\t(i)\tNDIS Quality and Safeguards Commission;\n\t(ii)\tDisabled People's Organisation Australia;\n\t(iii)\tNational Disability Services;\n\t(iv)\tDisability Australia Consortium;\n\t(v)\tChildren and Young People with Disability Australia;\n\t(vi)\tCarers SA;\n\t(vii)\tSouth Australian Council on Intellectual Disability;\n\t(viii)\tOur Voice SA.\n\t(2)\tFor the purposes of section 23H(3)(c) of the Act, the Minister must take reasonable steps to ensure that Aboriginal and Torres Strait Islander people, and people from cultural and linguistically diverse backgrounds, are able to make submissions and take part in any consultation undertaken for the purposes of preparing, varying or substituting the restrictive practices guidelines.\n10—Senior Authorising Officer\nFor the purposes of section 23I(1) of the Act, the following qualifications and experience are prescribed:\n\t(a)\ttertiary qualifications relevant to the functions of the Senior Authorising Officer under the Act (such as allied health, nursing, education, law, or a disability‑specific or behaviour‑specific discipline);\n\t(b)\texperience and knowledge in leading human services system reforms and initiatives.\n11—Authorised Program Officers\nFor the purposes of section 23L(1) of the Act, the following qualifications and experience are prescribed:\n\t(a)\ttertiary qualifications relevant to the functions of an Authorised Program Officer under the Act (such as allied health, nursing, education, or a disability‑specific or behaviour‑specific discipline);\n\t(b)\textensive experience and knowledge in the planning, development, implementation, evaluation and monitoring of behaviour interventions and supports.\n12—Authorisation of use of level 1 restrictive practices by Authorised Program Officer\n\t(1)\tFor the purposes of section 23N(8) of the Act, the following requirements must be complied with:\n\t(a)\ta written notice under that subsection must contain the following information:\n\t(i)\tthe name of the prescribed person; and\n\t(ii)\tthe name of the prescribed NDIS provider; and\n\t(iii)\tthe time and date on which the restrictive practices, or the period during which, the restrictive practices were used; and\n\t(iv)\tinformation setting out the nature of the restrictive practices used; and\n\t(v)\tinformation setting out the reason the restrictive practices were used; and\n\t(vi)\tinformation explaining the operation of Part 6A Division 6 of the Act,\nand may contain such other information as the prescribed NDIS provider considers appropriate;\n\t(b)\ta written notice under that subsection must be given as soon as is reasonably practicable after using the relevant restrictive practice;\n\t(c)\tin the case where a restrictive practice is used in relation to a person over a period not exceeding 3 months, a written notice under that subsection may cover the entire period;\n\t(d)\tin the case where more than 1 restrictive practice is used in relation to a person, the written notices required under that subsection may be combined into 1 notice;\n\t(e)\tthe prescribed NDIS provider must, as far as is reasonably practicable, ensure that a written notice under that subsection is given to a prescribed person in a form that is accessible to the prescribed person.\n\t(2)\tPursuant to section 23N(10) of the Act, an Authorised Program Officer who authorises the use of level 1 restrictive practices in relation to a prescribed person must, on or before 30 June and 31 December in each year, cause a written notice to be given to the Senior Authorising Officer setting out—\n\t(a)\tthe name of the Authorised Program Officer and the relevant prescribed NDIS provider; and\n\t(b)\tthe number and nature of restrictive practices that were authorised during the preceding 6 months; and\n\t(c)\tsuch other information as may be required by the Senior Authorising Officer.\n13—Authorisation of use of level 1 or 2 restrictive practices by Senior Authorising Officer\n\t(1)\tFor the purposes of section 23O(8) of the Act, the following requirements must be complied with:\n\t(a)\ta written notice under that subsection must contain the following information:\n\t(i)\tthe name of the prescribed person; and\n\t(ii)\tthe name of the prescribed NDIS provider; and\n\t(iii)\tthe time and date on which the restrictive practices, or the period during which, the restrictive practices were used; and\n\t(iv)\tinformation setting out the nature of the restrictive practices used; and\n\t(v)\tinformation setting out the reason the restrictive practices were used; and\n\t(vi)\tinformation explaining the operation of Part 6A Division 6 of the Act,\nand may contain such other information as the prescribed NDIS provider considers appropriate;\n\t(b)\ta written notice under that subsection must be given as soon as is reasonably practicable after using the relevant restrictive practice;\n\t(c)\tin the case where a restrictive practice is used in relation to a person over a period not exceeding 3 months, a written notice under that subsection may cover the entire period;\n\t(d)\tin the case where more than 1 restrictive practice is used in relation to a person, the written notices required under that subsection may be combined into 1 notice;\n\t(e)\tthe prescribed NDIS provider must, as far as is reasonably practicable, ensure that a written notice under that subsection is given to a prescribed person in a form that is accessible to the prescribed person.\n\t(2)\tPursuant to section 23O(10) of the Act, the Senior Authorising Officer may refuse to grant an application under that section for any reason the Senior Authorising Officer thinks fit.\n\t(3)\tPursuant to section 23O(10) of the Act, where the Senior Authorising Officer has refused an application to authorise a prescribed NDIS provider to use level 1 or 2 restrictive practices in relation to a prescribed person, the prescribed NDIS provider is not entitled to make a further application to use the same restrictive practices in relation to the same prescribed person within 6 months after the initial application except—\n\t(a)\twhere the circumstances of the prescribed person have changed in a material way since the initial application; or\n\t(b)\twith the permission of the Senior Authorising Officer.\n14—Review of decisions by South Australian Civil and Administrative Tribunal\n\t(1)\tFor the purposes of section 23Z(2)(b) of the Act, the following persons and classes of person are prescribed:\n\t(a)\tfamily members of the person to whom the decision relates;\n\t(b)\ta guardian of the person to whom the decision relates;\n\t(c)\ta nominated advocate of the person to whom the decision relates;\n\t(d)\ta prescribed NDIS provider who delivers, or is to deliver, NDIS supports to the person to whom the decision relates.\n\t(2)\tFor the purposes of subregulation (1)(c), a reference to a nominated advocate of a person to whom a decision relates will be taken to be a reference to a person (however described and whether or not the person is a legal practitioner) expressly nominated by the person to act as an applicant on behalf of the person for a review under section 23Z of the Act, and to assist the person in relation to such a review.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2021\n124\nGazette 2.9.2021 p3430 \n30.5.2022: r 2\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulations appear tightly scoped to their original purpose of operationalising Part 6A of the Disability Inclusion Act 2018 regarding NDIS restrictive practices. The provisions directly implement the Act's framework for authorisation levels, prohibited practices, and oversight mechanisms without significant expansion beyond the enabling legislation's intent."},"complexity_factors":["Extensive cross-referencing to the Disability Inclusion Act 2018 (sections 23B, 23C, 23D, 23H, 23I, 23L, 23N, 23O, 23Z) without reproducing those provisions","Nested definitions and exclusions (e.g., environmental restraints defined in level 1, then excluded if they meet level 2 criteria, then further excluded if they constitute detention)","Multiple conditional carve-outs: 'other than where...', 'except where the contrary intention appears', 'will be taken not to be'","Complex categorisation system requiring providers to classify practices across two levels with overlapping definitions","Temporal conditions (2-hour emergency confinement, 3-month notice periods, 6-month reapplication bans)","Dual notification regimes with similar but not identical requirements for Level 1 and Level 2 authorisations","Prescribed lists of consultation bodies (8 specific organisations) and qualification types (5 disciplines) that create compliance tracking burdens"],"plain_english_summary":"These regulations set the rules for when and how disability service providers in South Australia can use 'restrictive practices' on people with disabilities who receive NDIS (National Disability Insurance Scheme) supports. Restrictive practices are actions that limit a person's freedom of movement or behaviour—things like physical restraint, medication to control behaviour, or locking doors.\n\n**What the regulations do:**\n\n*   **Create two tiers of restrictions:**\n    *   **Level 1** (less serious): Environmental controls (like locked cupboards), some mechanical restraints, and some chemical restraints. These can be approved by an Authorised Program Officer within the provider organisation.\n    *   **Level 2** (more serious): Seclusion, physical restraint, forced medication via invasive procedures, electronic monitoring, limiting access to wheelchairs or phones, and using multiple restrictions at once. These require approval from a Senior Authorising Officer (an independent government official).\n\n*   **Ban certain dangerous practices outright:** Including holding someone face-down (prone restraint), holding someone face-up (supine restraint), anything that restricts breathing or digestion, forcing someone's head onto their chest, or deliberately inflicting pain to force compliance.\n\n*   **Define what counts as 'detention':** Clarifies that requiring someone to get permission before leaving doesn't automatically count as detention, but also specifies that locking external doors isn't detention if the person lacks the supports needed to leave safely.\n\n*   **Set qualification requirements:** Senior Authorising Officers need tertiary qualifications and experience in human services reform. Authorised Program Officers need relevant degrees and extensive experience in behaviour support.\n\n*   **Require notification and transparency:** Providers must give written notice to the person with disability (in accessible formats) explaining what was done and why. They must also report regularly to the Senior Authorising Officer.\n\n*   **Establish appeal rights:** Family members, guardians, nominated advocates, and providers can appeal decisions to the South Australian Civil and Administrative Tribunal.\n\n*   **Mandate consultation:** When creating guidelines, the Minister must consult with people who have experienced restrictive practices, disability advocacy organisations, and ensure Aboriginal, Torres Strait Islander, and culturally diverse people can participate.\n\n**Who it affects:**\n\n*   People with disabilities receiving NDIS supports in South Australia\n*   Registered NDIS providers and their staff\n*   Senior Authorising Officers and Authorised Program Officers\n*   Families and advocates of people with disabilities\n\n**Why it matters:**\nThese regulations create a safeguard system to prevent abuse while acknowledging that some restrictions might occasionally be necessary for safety. They balance autonomy and protection by requiring independent oversight for serious restrictions, banning obviously harmful practices, and ensuring people with disabilities and their supporters can challenge decisions."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"These regulations do not themselves expand or narrow the Act’s substantive reach. They operationalise Part 6A by declaring which practices fall into level 1 or 2, listing prohibited practices, setting authorisation, notification and reporting procedures, prescribing decision‑maker qualifications, and specifying consultation requirements (regs 4–14). They implement detailed processes rather than altering the underlying statutory scope."},"complexity_factors":["Extensive cross‑referencing to the Disability Inclusion Act 2018 (eg. definitions in s 23B, authorisation and review provisions), requiring readers to consult primary legislation to understand effects.","Detailed, technical definitions of level 1 vs level 2 restrictive practices with multiple sub‑categories and numeric thresholds (eg. more than 5 drugs, use of 2+ psychotropics, >5 level 1 practices) (regs 4–5).","Multiple carve‑outs and exceptions (eg. certain lockings or short‑term confinement declared not to be detention, but may still be environmental restraint) creating interpretive overlap (reg 7).","Clear prohibited list with both specific acts and guideline‑driven additions, requiring ongoing reference to guidelines (reg 8).","Procedural and reporting requirements with timing and accessibility obligations for notices, and combined notice options, increasing operational detail for providers (regs 12–13).","Prescribed qualifications and experience for decision‑makers (Senior Authorising Officer; Authorised Program Officers) imposing credential checks (regs 10–11).","High administrative discretion: Senior Authorising Officer may refuse an application for any reason and can limit re‑applications for 6 months with limited exceptions (reg 13(2)–(3)).","Consultation and inclusion mandates for guideline development, including specific stakeholder bodies and obligations to engage Aboriginal, Torres Strait Islander and CALD groups (reg 9).","Appeal/review pathway specified to the South Australian Civil and Administrative Tribunal with prescribed persons and classes who may apply (reg 14)."],"plain_english_summary":"These regulations implement Part 6A of the Disability Inclusion Act 2018 by specifying which restrictive practices used with NDIS participants are level 1 or level 2, naming prohibited practices, prescribing who may authorise use, and setting notification, reporting and review procedures. They affect registered NDIS providers, prescribed persons (participants), Authorised Program Officers and the Senior Authorising Officer. Registered NDIS providers bear the compliance and reporting costs (regs 12–13); authorised officers decide authorisations (regs 11–13) and the Senior Authorising Officer may refuse applications for any reason (reg 13(2))."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — no legislative text was retrievable for analysis."},"complexity_factors":["No legislative text was available for analysis — the source URL returned a 404 Page Not Found error","Complexity score of 1 reflects the absence of content to assess, not the inherent simplicity of the subject matter","Restrictive practices legislation in the NDIS context is typically highly complex in practice — this score would likely be 7–9 if the actual text were available"],"plain_english_summary":"These South Australian regulations would govern use of restrictive practices (e.g., physical, chemical, seclusion) on NDIS participants, setting rules for providers, support workers, carers and families about when and how such measures may be used. \n\nThe instrument matters because it shapes safeguards and provider obligations for people with disability receiving NDIS-funded supports. The full text couldn’t be retrieved; check the SA legislation site or contact OPC."}},"importantCases":[],"_links":{"self":"/api/acts/disability-inclusion-restrictive-practices-ndis-regulations-2021","history":"/api/acts/disability-inclusion-restrictive-practices-ndis-regulations-2021/history","analysis":"/api/acts/disability-inclusion-restrictive-practices-ndis-regulations-2021/analysis","conflicts":"/api/acts/disability-inclusion-restrictive-practices-ndis-regulations-2021/conflicts","importantCases":"/api/acts/disability-inclusion-restrictive-practices-ndis-regulations-2021/important-cases","documents":"/api/acts/disability-inclusion-restrictive-practices-ndis-regulations-2021/documents"}}