Restrictive Practice Authorisation by State and Territory (2026)

Restrictive practice authorisation is a state and territory matter; the NDIS Commission does not authorise any restrictive practice. A registered NDIS provider needs both a behaviour support plan containing the practice, lodged with the Commission, and an authorisation under the law or policy of the state or territory where it is used, and then reports each use to the Commission monthly.

This is general information current at September 2026; confirm your position with the NDIS Commission and your state or territory authorising body before using any practice.

The five regulated restrictive practices

The NDIS (Restrictive Practices and Behaviour Support) Rules 2018 regulate seclusion, chemical restraint, mechanical restraint, physical restraint and environmental restraint. Most jurisdictions adopt these definitions; Queensland uses its own, including containment and restricting access to objects.

Authorisation, consent and the behaviour support plan

The behaviour support plan is the clinical document, prepared by an NDIS behaviour support practitioner, containing the practice. Authorisation is the approval under state or territory law or policy that permits its use. Consent is the agreement of the participant or the person with authority to decide for them. In Queensland a guardian's consent is itself the authorising step for some practices. Neither a plan nor consent alone is authorisation.

Who authorises restrictive practices in each state and territory

New South Wales

Policy, not legislation: the DCJ Restrictive Practices Authorisation Policy and Procedural Guide. The provider convenes an RPA Panel: a senior manager as chair and a behaviour support practitioner independent of the provider and participant. Consent comes from the participant or, for an adult who cannot consent, an NCAT-appointed guardian with a restrictive practices function. The plan is lodged in the NSW RPA System; decisions must be unanimous and last no more than 12 months. Without a plan in an emergency, a senior manager may give interim authorisation within 1 month of first use, for up to 5 months. Legislation was consulted on in December 2024; no Bill had been located at September 2026.

Victoria

Disability Act 2006 (Vic), Part 6A and Part 7 (as substituted in 2023). The provider's Authorised Program Officer (APO), approved by the Senior Practitioner, authorises any regulated restrictive practice; seclusion, physical restraint and mechanical restraint also need the Senior Practitioner's approval. An APO cannot authorise a plan they prepared. A practitioner prepares the plan and the APO lodges it with the Senior Practitioner within 2 working days through RIDS. On imminent risk of serious physical harm the person in charge may authorise the least restrictive practice and must notify the APO without delay. Unauthorised use is an offence.

Queensland

Disability Services Act 2006 (Qld), Part 6, and Guardianship and Administration Act 2000, Chapter 5B; no Senior Practitioner. Containment or seclusion needs QCAT approval, applied for by the department with the provider. Chemical, mechanical or physical restraint needs the consent of a QCAT-appointed guardian for a restrictive practice (general) matter. The scheme covers adults with an intellectual or cognitive disability only. Short term approvals of up to 6 months for immediate and serious risk come from the Public Guardian (containment or seclusion) or the department's chief executive (other practices). A 2024 reform Bill lapsed and had not been reintroduced at September 2026.

South Australia

Disability Inclusion Act 2018 (SA), Part 6A, and the Disability Inclusion (Restrictive Practices-NDIS) Regulations 2021, in force since 30 May 2022. The Senior Authorising Officer (Department of Human Services) authorises level 1 and level 2 practices; the provider's Authorised Program Officer, an approved employee, may authorise level 1 for their own provider and endorses level 2 applications. The provider registers on the Restrictive Practices System (rps.sa.gov.au), nominates an APO and submits the request. There is no emergency or short term pathway: emergency use is unauthorised use, reported to the NDIS Commission, with an application made promptly afterwards.

Western Australia

Policy, not legislation: the Department of Communities Authorisation of Restrictive Practices in Funded Disability Services Policy (2020) and Procedure Guidelines, Stage Two (2023), described as interim pending legislation; none had been introduced at September 2026. The implementing provider convenes a Quality Assurance Panel: a senior manager of the provider and an NDIS behaviour support practitioner who neither wrote the plan nor works for the provider. The Department does not authorise. Approval needs every decision-making member's support, is recorded in a signed Outcome Summary Report and lasts up to 12 months. There is no emergency pathway; use without panel authorisation is unauthorised use.

Tasmania

Disability Rights, Inclusion and Safeguarding Act 2024 (Tas) and Regulations 2025, in force from 1 July 2025 and replacing the Disability Services Act 2011. The Senior Practitioner (Department of Premier and Cabinet) authorises; TASCAT now only reviews decisions. The provider needs an approved Appointed Program Officer, and an application cannot be approved unless an Independent Person has been appointed for the participant. Apply online with the behaviour support plan; authorisation lasts up to 12 months. There is no interim authorisation; unauthorised use is an offence, with a defence where the use prevented serious and imminent harm, was least intrusive and the Senior Practitioner was notified within 5 business days.

Australian Capital Territory

Senior Practitioner Act 2018 (ACT), Part 3, and the Senior Practitioner Regulation 2023. Two steps for every practice: a registered Positive Behaviour Support Panel independent of the provider approves the plan, then the Senior Practitioner registers it; a plan cannot be used until registration is confirmed. Applications go through the ACT Restrictive Intervention Data System (RIDS). Registration lasts 12 months (6 for an interim plan). Use without a registered plan is allowed only to avoid imminent harm, if least restrictive and, where practicable, authorised by the person in charge, and must be reported to the Senior Practitioner within 5 days; otherwise it is an offence.

Northern Territory

National Disability Insurance Scheme (Authorisations) Act 2019 (NT), Part 3, and the Restrictive Practices Authorisation Framework: Guidelines for NDIS Service Providers. The NT Senior Practitioner authorises, supported by NT Health's Restrictive Practices Authorisation Unit. A single step covers all practices: no Authorised Program Officer, panel or guardian consent; NTCAT reviews decisions. Apply through the online Restrictive Practice Authorisation System with the behaviour support plan and forms RPA-2A and RPA-2B. Authorisation lasts up to 12 months (6 for an interim plan); there is no emergency-use provision, and unauthorised use is a reportable incident to the NDIS Commission. Interstate authorisations are not recognised.

Unauthorised use and reporting

For a registered NDIS provider, any use that is not authorised, or not in accordance with the plan, is a reportable incident under the NDIS (Incident Management and Reportable Incidents) Rules 2018: notify the Commission within 5 business days, or, if the use caused harm, within 24 hours (with a further report within 5 business days). Registered implementing providers also report every use to the Commission monthly. Unregistered providers should check the current Commission guidance. Tasmania (5 business days) and the ACT (5 days) also require a report to the Senior Practitioner, and Victoria requires the APO to be notified without delay.

Providers operating in more than one state

An authorisation is specific to the state or territory that gave it. A provider working across borders holds a separate authorisation for each jurisdiction in which a practice is used, obtains a new one before use after a participant moves, and keeps a register recording the authorising body, reference and expiry for every practice.

Templates that support this work

The full state and territory table sits in SILM-04-01 Tenancy, Housing and Support Arrangements Policy and Procedure in the SIL Supplementary Module Add-On (delete the rows you do not need). The Behaviour Support Add-On Module (16 documents, $149) includes the Regulated Restrictive Practices Procedure, the Restrictive Practices Authorisation and Consent Procedure and the Restrictive Practices Register, alongside the Core Library's Safeguarding and Restrictive Practices Policy.

They are starting points: customise them to your jurisdiction and services, then implement them, because audit and registration outcomes depend on what you actually do, not on the documents alone.

Frequently asked questions

Does the NDIS Commission authorise restrictive practices?

No. Authorisation is given under the law or policy of the state or territory where the practice is used, by a Senior Practitioner, an Authorised Program Officer, a provider-convened panel, a tribunal or a guardian. The Commission receives the plan, monthly use reports and reportable incident notifications.

Which states have no restrictive practice legislation?

New South Wales and Western Australia. Both run policy-based schemes in which the provider convenes its own panel with an independent behaviour support practitioner. Both have signalled legislation, but neither had a Bill before Parliament at September 2026. Queensland's 2024 reform Bill lapsed and had not been reintroduced.

Is a restrictive practice authorisation valid in another state?

No. An authorisation is specific to the state or territory that gave it. The Northern Territory expressly does not recognise interstate authorisations, and none of the other schemes described above provides for recognising one given elsewhere. Obtain a new authorisation before a practice is used in another jurisdiction.

Sources: NDIS (Restrictive Practices and Behaviour Support) Rules 2018; NDIS (Incident Management and Reportable Incidents) Rules 2018; Restrictive Practices Authorisation Policy and Procedural Guide (NSW DCJ, 2019); Disability Act 2006 (Vic); Disability Services Act 2006 and Guardianship and Administration Act 2000 (Qld); Disability Inclusion Act 2018 and Disability Inclusion (Restrictive Practices-NDIS) Regulations 2021 (SA); Authorisation of Restrictive Practices in Funded Disability Services Policy and Procedure Guidelines Stage Two (WA); Disability Rights, Inclusion and Safeguarding Act 2024 and Regulations 2025 (Tas); Senior Practitioner Act 2018 and Regulation 2023 (ACT); National Disability Insurance Scheme (Authorisations) Act 2019 and Restrictive Practices Authorisation Framework Guidelines, version 4.0 (NT). All accessed September 2026.