Responsibility: State and territory governments
Response:
ACT, QLD, SA, TAS, VIC, WA, NT: Accept in principle
NSW: Subject to further consideration
Australian Capital Territory
Response: Accept in principle
Status: In progress
What has been achieved to date
The ACT Government is currently considering implementation opportunities for this recommendation in the territory, noting the ACT’s existing Senior Practitioner regulatory settings, other relevant legal and policy settings, and potential gaps in coverage across systems.
ACT government response July 2024
A range of legislative and procedural frameworks already exist in the ACT, which implement the intent of this recommendation. For example, the Human Rights Act 2004 (ACT), Senior Practitioner Act 2018 (ACT), Corrections Management Act 2007 (ACT) and the Mental Health Act 2015 (ACT). The ACT Government will consider whether there are gaps in coverage that require further action.
New South Wales
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
Over the first half of 2025, the Department of Communities and Justice has undertaken a public consultation on a Senior Practitioner legislative framework. People with disability and all other stakeholders were invited to make submissions on a specific model set out in a consultation paper. Over 60 written submissions were received.
The consultation paper was provided in an Easy Read format with an option to respond to a short survey. A focus group of people with intellectual disability was facilitated by the Council for Intellectual Disability.
NSW government response July 2024
The NSW Government is committed to reducing the use of restrictive practices and, where possible, eliminating the use of restrictive practices against people with disability.
The NSW Government is carefully considering the best method and legislative framework for achieving this. People with disability and other stakeholders will be consulted should the NSW Government decide to pursue a legislative framework.
It is important that solutions take account of the context and existing operating systems in each different setting.
Northern Territory
Response: Accept in principle
Status: Further work required
What has been achieved to date
The Northern Territory Government will explore suitable legal frameworks and the powers and functions of a Senior Practitioner to allow consistent authorisation, review and oversight of restrictive practices in the Northern Territory across all settings.
NT government response July 2024
The Northern Territory Government is committed to ensuring that restrictive practices are used appropriately in all settings. There needs to be further consideration regarding suitable legal frameworks and the powers and functions of a Senior Practitioner for restrictive practices in disability service provision.
Queensland
Response: Accept in principle
Status: In progress
What has been achieved to date
The Queensland Government will continue working with people with disability, their families and carers, advocates, disability support providers, behaviour support practitioners and other stakeholders on the next steps for reform of Queensland’s restrictive practices authorisation framework.
This includes further consideration of the legal frameworks for the authorisation, review and oversight of restrictive practices across different service settings.
QLD government response
The Queensland Government remains committed to implementing the recommendations of the Disability Royal Commission. The Queensland Government has updated its responses to a range of Disability Royal Commission recommendations to reflect contemporary Queensland Government policy and commitments.
2025 response
The Queensland Government is committed to reform of Queensland’s restrictive practices authorisation framework.
South Australia
Response: Accept in principle
Status: In progress
What has been achieved to date
Legislation is already in place in South Australia for the authorisation of Restrictive Practices (RP) for National Disability Insurance Scheme participants.
The South Australian government has been contributing the public consultation on federal Aged Care Rules as it relates to RPs under the Aged Care Act; which will need to be confirmed at a national level before state legislation for this cohort can be considered.
Inter-departmental discussions have commenced to explore the regulation of RPs cross-sector RP in South Australia.
SA government response July 2024
The South Australian government has implemented a legislative framework for the authorisation, review and oversight of restrictive practices for NDIS providers providing NDIS support to NDIS participants. The amendments to the Disability Inclusion Act 2018 which established this legislative framework commenced on 30 May 2022. Further scoping is required to understand how the legal framework could be extended and implemented across all disability, health, education and justice settings in South Australia. Further consideration is also required to understand how this reform will intersect with the recommendations of the NDIS Review.
Tasmania
Response: Accept in principle
Status: In progress
What has been achieved to date
The Tasmanian Disability Rights, Inclusion and Safeguarding Act 2024 (the Act) received Royal Assent in November 2024 and is expected to commence in mid 2025.
The Act provides for a legal framework for the authorisation, review and oversight of restrictive practices in disability services, with the ability for the Tasmanian Government to prescribe other classes or bodies as in scope over time.
Further work is required to apply this or similar legal frameworks to other settings.
TAS government response July 2024
The Tasmanian Government accepts this recommendation in principle.
The Tasmanian Government is currently working on a Disability Inclusion and Safeguarding Bill 2023 that will strengthen the role of the Senior Practitioner in providing oversight to the use of Restrictive Practices in disability service provision.
The Tasmanian Government needs to undertake more work to understand how the legal framework for restrictive practices would apply in other settings.
Victoria
Response: Accept in part
Status: In progress
What has been achieved to date
Victoria has already put in place frameworks for the authorisation, review and oversight of the restrictive practices outlined in part (a).
Victoria is now progressing preliminary work with disability, health, education, and justice to ensure the frameworks for each sector encompass the requirements outlined in parts (b) and (c).
VIC government response July 2024
We accept this recommendation in part.
We have already put in place frameworks for the authorisation, review and oversight of the restrictive practices outlined in part (a).
Before we can provide a full response, we need to consult further with stakeholders in our health and mental health systems.
The Disability Act 2006 is Victoria’s legal framework for the authorisation, review and oversight of restrictive practices in the disability sector.
This includes the regulatory oversight role of the NDIS Quality and Safeguards Commission.
We have strengthened this legal framework with amendments in 2023 via the Disability and Social Services Regulation Amendment Act 2023.
In addition, the Education and Training Reform Act Regulations 2017, the Children, Youth and Families Act 2005 and the Mental Health and Wellbeing Act 2022 regulate restrictive practices in the education and health sectors.
In relation to part (b) of the recommendation, the Disability Act 2006 has the provisions to support this recommendation for the disability sector.
The Department of Education’s Restraint and Seclusion Policy has similar provisions for the education sector.
Isolation cannot be used as punishment in Victoria’s youth justice sector. We record isolations in a register.
Young people can make complaints to the Victorian Ombudsman. We report high-level isolation data publicly every quarter.
The Department of Health, the Department of Education and the Department of Justice and Community Safety will work together to provide a full response to this recommendation.
In relation to part (c), the Victorian Senior Practitioner is responsible under the Disability Act 2006 for the oversight and authorisation of regulated restrictive practices and compulsory treatment.
This includes special powers to issue directions or prohibitions and appointing authorised program officers in the disability sector.
Western Australia
Response: Accept in principle
Status: In progress
What has been achieved to date
The WA Government is working to design a legislative framework for the authorisation, review and oversight of restrictive practices in disability service settings. The WA Department of Communities has led numerous rounds of research and consultation, including public consultation.
WA government response July 2024
The WA Government is committed to the reduction of the use of restrictive practices in services for people with disability. WA accepts in principle this recommendation and will undertake new work as it relates to people with disability in disability and education service settings. Further consideration will be undertaken into how existing legislative arrangements in health, mental health and justice settings can meet the principles of this recommendation.
What the Disability Royal Commission said in the final report
a) States and territories should ensure appropriate legal frameworks are in place in disability, health, education and justice settings, which provide that a person with disability should not be subjected to restrictive practices, except in accordance with procedures for authorisation, review and oversight established by law.
b) The legal frameworks should incorporate the following requirements, appropriately adapted to sector-specific contexts:
- Restrictive practices should only be used:
- as a last resort, in response to a serious risk of harm to a person with disability or others, and only after other strategies, including supported decision-making, have been explored and applied
- as the least restrictive response possible to ensure the safety of the person with disability or others
- to the extent necessary to reduce the risk of harm and proportionate to the potential negative consequences from the use of restrictive practices
- for the shortest time possible.
- Decisions to authorise restrictive practices should be subject to independent review.
- The use of restrictive practices should be subject to independent oversight and monitoring.
c) The legal frameworks should set out the powers and functions of a Senior Practitioner for restrictive practices in disability service provision (or equivalent authority). These powers and functions should include:
- promoting the reduction and elimination of the use of restrictive practices
- protecting and promoting the rights of people with disability subjected to restrictive practices
- developing and providing information, education and advice on restrictive practices to people with disability, their families and supporters, and the broader community
- considering applications to use restrictive practices in disability service settings and authorising their use according to procedures consistent with the Draft Principles for Consistent Authorisation
- developing guidelines and standards, and providing expert advice, on restrictive practices and behaviour support planning
- receiving complaints about the use of restrictive practices and the quality of behaviour support planning
- investigating the use of restrictive practices and the quality of behaviour support planning, either in response to complaints or of its own motion
- acting in response to complaints and investigations where appropriate.
More recommendations
View progress on other recommendations made by the Royal Commission.