Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2024
Plain English Summary
Overview
This bill reforms Queensland's framework for authorising the use of restrictive practices (such as physical restraint, chemical restraint, seclusion and containment) for people with disability. It replaces the current guardianship-based system with a clinician-based model centred on a new, independent Senior Practitioner who will make all authorisation decisions. The bill also expands protections to include children with disability and aligns Queensland's approach with national NDIS standards.
Who it affects
People with disability receiving NDIS or state disability services, their families and carers, disability service providers, and behaviour support practitioners. Guardians will no longer consent to restrictive practices, and all authorisation decisions will be made by the Senior Practitioner.
Key changes
- Replaces the guardianship-based restrictive practices model with a clinician-based model, where a new independent Senior Practitioner authorises all regulated restrictive practices
- Expands the framework to cover all people with disability (including children), not just adults with intellectual or cognitive disability
- Aligns Queensland's restrictive practice definitions and requirements with national NDIS rules, reducing administrative duplication for service providers
- Gives QCAT merits review jurisdiction over all Senior Practitioner authorisation decisions, with separate procedural protections for adults and children
- Establishes the Office of the Senior Practitioner, independent of Ministerial control, with functions including publishing data, handling complaints, and developing guidelines
- Reinstates reportable deaths in care coverage for people receiving disability supports under the Commonwealth's Disability Support for Older Australians program
- Restrictive practice authorisations are time-limited to 6 months (interim plans) or 12 months (comprehensive plans) and require behaviour support plans focused on reducing and eliminating restrictive practice use
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Introduced14 June 2024View Hansard
That the amendment be agreed to
Vote on an LNP amendment to add Queensland Hydro, the Independent Implementation Supervisor, Brisbane 2032 Organising Committee, Queensland Small Business Commissioner, and Legal Services Commissioner to the list of entities whose chief executives can be directly questioned at estimates hearings. Unrelated to the Disability Services bill.
The motion passed.
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Ayes (36)
Noes (49)
▸Committee14 June 2024View Hansard
Referred to Clean Economy Jobs, Resources and Transport Committee
The Community Support and Services Committee examined the Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2024, which reforms how restrictive practices are authorised for people with disability in Queensland. The committee recommended the bill be passed, noting broad stakeholder support for the new clinician-based authorisation framework and its focus on reducing and eventually eliminating restrictive practices. The committee also made three additional recommendations for amendments, including expanding the framework's scope to cover accredited residential services, adding a cancellation ground for the senior practitioner, and creating a specific offence for unauthorised restrictive practices. The Queensland Government adopted only the cancellation ground amendment, declining the other two at that time.
Key findings (5)
- Stakeholders were generally supportive of the new restrictive practices authorisation framework and its goal of reducing and eventually eliminating restrictive practices.
- The bill replaces the existing guardianship-based model with a clinician-based model, centralising authorisation decisions under a senior practitioner within the Queensland Government.
- The Public Advocate, Queensland Human Rights Commission, and Queensland Advocacy Incorporated raised concerns that the bill lacked a specific offence provision for the unauthorised use of restrictive practices.
- The committee found the bill's scope should be expanded to protect residents in accredited residential services who are not NDIS participants, but the government declined this recommendation.
- The bill broadens the scope of individuals and restrictive practices covered by the authorisation framework, aligning Queensland's approach with the NDIS Restrictive Practices and Behaviour Support Rules.
Recommendations (4)
- The committee recommends the Bill be passed.
- The committee recommends the Bill be amended at clause 14 to expand the scope of the proposed framework to include accredited residential services under the Residential Services (Accreditation) Act 2002, so that residents who are not participants of the NDIS may be protected from unauthorised or inappropriate restrictive practices.
- The committee recommends that clause 168 of the Bill be amended to include an additional ground of cancellation in situations when the senior practitioner has determined, based on the circumstances, rights and wellbeing of the person, that there is no longer a need for the restrictive practice.
- The committee recommends that the Bill be amended to include a specific offence provision for the use of unauthorised restrictive practices, to ensure there are clear consequences for non-compliance.
Committee report tabled