NDIS Quality and Safeguards Commission - July 2021

Positive Behaviour Support Capability Framework

National implementation program update

The national implementation program for assessment of behaviour support practitioners against the Positive Behaviour Support (PBS) Capability Framework started in January 2021. The new assessment process has commenced in New South Wales and South Australia, and will be implemented nationally.  This process will replace special transitional arrangements for determining the suitability of behaviour support practitioners.

If you are a behaviour support practitioner delivering services under the NDIS, you need to apply to be considered ‘suitable’ by the NDIS Quality and Safeguards Commissioner in order to deliver specialist behaviour support services, including conducting behaviour assessments and developing behaviour support plans.

National implementation schedule update

The national implementation schedule is underway. In New South Wales and South Australia:

• existing NDIS behaviour support practitioners should have submitted an application in April 2021. Over 1,000 applications have been submitted. Until you are notified of the outcome of your submitted suitability application, your provisional suitability status remains in place. If you are a new practitioner who received your provisional suitability status between January and April 2021, you should have received an email with your application submission deadlines. If you are an NDIS provider who is engaging practitioners who did not submit applications by the deadline, we will contact you soon about requirements under the NDIS (Restrictive Practice and Behaviour Support Rules 2018).
• if you are an existing behaviour support practitioner and have not yet submitted an application, please email us.

If you are a behaviour support practitioner in another state or territory, you can begin preparing your application. Applications can be submitted between:

• 1 July and 30 September 2021 in Queensland and Victoria
• 1 August and 31 October 2021 in the Australian Capital Territory, Tasmania and the Northern Territory
• 1 September and 30 November 2021 in Western Australia.

For more information on the practitioner suitability assessment and application process, refer to the frequently asked questions page on our website or email us.

New NDIS Commission application portal 

The assessment and applications can now be completed in the new application portal. Practitioners will receive formal notification of when to access the portal and complete their application. Notification will be in accordance with the national implementation schedule.

New practitioner profile in the NDIS Commission Portal

If you are a behaviour support practitioner who is considered suitable following the assessment process, you will soon have access to a practitioner profile in the NDIS Commission Portal. This is where you can update your contact details, change your employment details, and apply for progression through the levels of practitioners.

Until the practitioner profile is available, please continue to email us with the subject line ‘Contact details update’.

Changes to section 29 form notifications and ‘provisional’ suitability

The s29 notification form is an extension of the special arrangements for NDIS providers under the NDIS (Restrictive Practices and Behaviour Support) Rules 2018. This extension was approved until the PBS Capability Framework was implemented. Now that the national implementation program for the PBS Capability Framework is in progress, the s29 notification for behaviour support practitioners is being phased out. The s29 form will not be available from 1 December 2021 and the status of ’provisionally suitable’ pending assessment against the PBS Capability Framework will no longer be used.

Practitioners will need to complete an assessment as outlined in the NDIS (NDIS Behaviour Support Practitioner Application) Guidelines 2020 and the Self-assessment Resource Guide.  All applications to be considered suitable as an NDIS behaviour support practitioner will then be made through the new application portal. See our website for more information.

Worker screening for behaviour support practitioners 

Behaviour support is considered a high-risk category of support that can only be provided by registered providers of specialist behaviour support (under registration group 0110) and practitioners who have been considered suitable by the NDIS Commission. Registered NDIS providers must ensure that workers in risk-assessed roles have either an NDIS worker screening clearance or an acceptable check under the transitional and special arrangements. More information is available on our website.

Monthly reporting in the NDIS Commission Portal 

If you are a provider implementing a behaviour support plan that contains regulated restrictive practices, you are required to obtain authorisation in your state or territory for the use of the practice. You also need to report monthly in our NDIS Commission Portal on the use of the regulated restrictive practice. We have updated the user guide to help you do this.  

The NDIS Commission Portal is only available to registered NDIS providers. If you do not have an NDIS Commission Portal user account, refer to the Quick Reference Guide - Getting access to NDIS Commission Portal.

New resources 

Self and plan-managed participants

We have developed a flow chart and interactive tool to explain registration requirements when providers have an interim or ongoing need to use regulated restrictive practices. These tools contain existing information about registration and behaviour support requirements available on our website. Contact us if you have any questions about these resources.

Easy Read guides

We will soon release an Easy Read guide for regulated restrictive practices and an Easy Read guide for regulated restrictive practices with children and young people with disability. These guides will explain the rights of people with disability, what is involved in behaviour support and the rules when using restrictive practices.

Practices proposed to be prohibited 

The NDIS Commission has an important role in assisting the states and territories to move towards nationally consistent minimum standards as set out in section 181H (f) of the NDIS Act (2013). The Practices proposed to be prohibited document outlines the practices that are either already prohibited or intend to be prohibited by all states and territories. These practices are associated with a high risk of adverse and catastrophic outcomes for NDIS participants. Under section 8, of the NDIS (Restrictive Practices and Behaviour Support) Rules 2018 registered NDIS providers must not use a restrictive practice in relation to a person with disability if the use is prohibited in the state or territory. The publication of an agreed list of prohibited practices will assist in promoting national consistency and improve the quality and safety of supports provided to NDIS participants. Further information can be found on our website. 

Update from the Research and Practice Evidence team

The NDIS Commission’s Research and Practice Evidence team examines research evidence, leads and provides advice on research projects, and undertakes activities that support the translation of research evidence into practice.

Some of our current research and practice evidence projects include:

• International literature review on the prevalence of restrictive practices for people with neurodevelopmental disability
• Evidence summaries on the benefits and risks of pharmacological interventions to manage behaviours of concern in people with Autism Spectrum Disorder
• Using linked national data to better understand and respond to the causes of poor health outcomes for people with disability
• Practice alerts providing guidance on polypharmacy, epilepsy management, and dysphagia, safe swallowing and mealtime management
• Audit of the quality of behaviour support plans for people receiving NDIS services.

Contact our team if you would like to find out more about our work.

Behaviour support plan quality

We are leading a large-scale national project to evaluate the quality of behaviour support plans lodged with the NDIS Commission. An audit of behaviour support plans undertaken last year showed that, overall, the quality of behaviour support plans is low and needs significant improvement.

Emerging research indicates that higher quality behaviour support plans may result in the reduced use of certain restrictive practices. This is why we are trying to support providers and practitioners to increase their capability over the coming months. The results of the project will better support our provider education and engagement activities.

Behaviour support plan quality evaluations are being conducted using the Behaviour Support Plan - Quality Evaluation II Tool (BSP-QEII) and an NDIS companion tool, which includes review items associated with the Restrictive Practices and Behaviour Support Rules. Over 700 comprehensive behaviour support plans have been reviewed.

The findings of the review will inform the development of targeted practice advice and other guidance for providers, practitioners and participants. We will share further information about the outcomes of quality evaluations with you later this year.

More help and information is available 

We have developed a range of resources and quick reference guides to support you to improve the quality and safety of NDIS supports and services. This includes video resources for practitioners and providers, and information about behaviour support worker screening, and incident management. We will let you know when new information and resources are available.

Contact the National Behaviour support team or your local Behaviour Support team:

NSW | ACT | NT | Queensland | Tasmania | Victoria | SA | WA