Thirteen providers were issued 40 infringement notices for behaviour support plan breaches.
The NDIS Safety and Quality Commission has issued 40 infringement notices carrying penalties of a combined total of $778,000 and compliance notices to 13 specialist behaviour support providers and registered NDIS providers.
NDIS Commissioner Tracy Mackey said it was alleged that each provider had breached a condition of their registration by failing to either develop a behaviour support plan within the legislated timeframe, lodge a BSP with the NDIS Commission, clearly identify restrictive practices in a BSP, or report unauthorised restrictive practices.
“The aim of a behaviour support plan is to reduce and eliminate restrictive practices by embedding positive behaviour support strategies that meet a person’s needs,” said Commissioner Mackey.
“There is a primary emphasis on upholding the rights of people with disability by supporting the person through evidence-informed, person-centred strategies reflected in the behaviour support plan.
“NDIS providers are responsible for ensuring the review of procedures, systems and controls required to deliver supports and services in a safe and competent manner, with care and skill, and with the participants’ rights and safety foremost in mind.
“This enforcement action demonstrates the NDIS Commission’s stance on empowering people with disability through rights-based regulation and its commitment to reducing and eliminating the use of restrictive practices on participants.”
The Commission did not name the 13 providers involved in the breaches.
This enforcement action also follows on from recent action undertaken against registered NDIS providers who failed to comply with their legal obligations relating to the use of regulated restrictive practices.
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