Summary

8.1 Restrictive practices involve the use of interventions and practices, such as restraint or seclusion, that have the effect of restricting the rights or freedom of movement of a person with disability.

8.2 Significant concerns have been expressed about the use of restrictive practices in Australia. While regulation of restrictive practices primarily occurs at a state and territory level, a combination of initiatives at a national level provide a timely opportunity to consider a national approach to reform of restrictive practices in a range of settings.

8.3 In this chapter, the ALRC proposes that the Australian Government and Council of Australian Governments (COAG) develop such a national approach, which should apply the National Decision-Making Principles and provide for supported decision-making in relation to consent to the use of restrictive practices, to the extent such practices are permitted.