Positive Behaviour Support Policy

1. Purpose

The Learning for Life Autism Centre Inc (Learning for Life) recognises that children and vulnerable people have the right to be in a safe environment at all times and be treated with dignity and respect. The purpose of this Policy is to outline the positive behaviour management approach that Learning for Life takes when working with Clients.

Through this Policy Learning for Life contributes to the elimination of the use of Restrictive Practices for persons with a disability and ensures safeguards are in place for occasions where it is necessary to use Restrictive Practices to protect the welfare of Clients and the safety of third parties.

2. Policy Statement

1. Learning for Life supports a "Person-centred Approach" to the delivery of therapy services such that therapy may include inputs from Clients, families, friends and carers to make informed decisions about a behaviour Client's health and wellbeing. Learning for Life also recognises and understands the central role of families in children's lives and in turn supports a family-centered approach being included in the delivery of therapy services to children. Any reference in this Policy to a Person-centered Approach therefore also includes family-centered approach given Learning for Life's services are provided to children.
2. Learning for Life understands that therapy services may be provided that assist with Behaviours of Concern exhibited by Clients. Learning for Life is committed to ensuring that Behaviours of Concern exhibited by Clients under Learning for Life's programs and supervision are dealt with promptly and appropriately, having due regard for the rights of the Client, the rights of any other persons affected by the behaviour and Learning for Life's duty of care obligations.
3. Learning for Life is committed to upholding the dignity and safeguarding the rights of the Client and the right to receive services in a manner which results in the least restriction of their rights and opportunities.
4. Learning for Life shall engage staff who have the right skills and training to meet the standards prescribed by this Policy.

3. Scope

This Policy applies to all staff of Learning for Life and will be implemented with all Clients of Learning for Life.

4. Definitions

Authorised Program Officer means each Learning for Life staff member who has been approved by both Learning for Life and the Victorian Senior Practitioner as an Authorised Program Officer (as defined by the Disability Act 2006 Vic) to authorise the use of restrictive practices under a Client's Behaviour Support Plan.

Behaviours of Concern may be defined as behaviour of such an intensity, frequency or duration as to threaten the quality of life and/or the physical safety of the individual or others and likely to lead to responses that are restrictive, aversive or result in exclusion. Behaviours of Concern include:

• self-injury and self-mutilation which leads to physical trauma and/or disfigurement requiring medical attention including biting, hitting, pinching, scratching themselves, pulling hair;
• violent or dangerous behaviour which has the potential to cause physical injury or emotional trauma to others including biting, hitting, kicking, pinching, scratching, swearing, screaming, throwing objects;
• persistent refusal to follow necessary treatment procedures for medical conditions e.g. as epilepsy, diabetes or other conditions that, if not treated, will further endanger the person's health;
• persistent refusal to participate in agreed activities such as recreation, social events and with respect to children, attendance at school;
• extreme manipulative behaviour including mischievous accusations against others, inappropriately engaging emergency support services or persistently overusing medical and other professional services;
• offensive behaviour including extracting, eating or smearing faeces or other body products, engaging in sexual activities in public places, or generally behaving in a manner likely to elicit negative community reactions.

Behaviour Management Plan means a training plan developed under the NDIS specialist behavioural intervention support framework which supports parents, carers and other relevant workers in implementing behaviour management strategies required to support a Client.

Behaviour Support Plan means a comprehensive and specialised support plan developed under the NDIS specialist behavioural intervention support framework to address significantly harmful or persistent behaviours of concern.

Behaviour Support Practitioner means an NDIS registered behaviour support practitioner authorised to develop Behaviour Support Plans with respect to Learning for Life Clients.

Client for the purpose of this policy, means a child who is enrolled in a Learning for Life program. Where Client is referred to in the context of obtaining consents, consultation, decision making or providing information, it also extends to the Client's parents/guardians.

Dignity of Risk is the idea that self-determination and the right to take reasonable risks are essential for dignity and self-esteem, thus should not be impeded by excessively cautious caregivers concerned about their duty of care.

Informed Consent means permission an individual gives to sharing information, either implied or explicit, after they have demonstrated that they understand the purpose of the request and the likely outcomes of that consent.

Interim Behaviour Support Plan means a Behaviour Support Plan that is developed for the temporary use of Restrictive Practices, with the intention to minimise these practices, while a comprehensive Behaviour Support Plan is being prepared.

NDIS Commission means the NDIS Quality & Safeguards Commission.

Regulated Restrictive Practices in relation to Learning for Life Clients involve the practices listed below, except where the practice is an age-appropriate child safety or injury prevention measure implemented in line with community standards and its recommendation or use would be relevant to any child of that age and not just because the Client has a disability or behaviour of concern:

• seclusion: sole confinement of a person in a room or physical space (at any hour of the day or night) where voluntary exit is prevented or not facilitated, or it is implied that voluntary exit is not permitted (noting that the use of seclusion on a person with a disability under 18 years of age is prohibited in Victoria);
• chemical restraint: the use of medication or chemical substances for the primary purpose of influencing a person's behaviour. Chemical restraint does not include the use of medication as prescribed by a medical practitioner for the treatment of, or to enable treatment of, a diagnosed mental disorder, physical illness or physical condition;
• mechanical restraint: the use of a device to prevent, restrict or subdue a person's movement for the primary purpose of influencing a person's behaviour. Mechanical restraint does not include the use of a device for therapeutic or non-behavioural purposes;
• physical restraint: the use or action or physical force to prevent, restrict or subdue movement of a person's body, or part of their body, for the primary purpose of influencing their behaviour. Physical restraint does not include the use of a hands-on technique in a reflexive way to guide or redirect a person away from potential harm or injury, consistent with what could reasonably be considered the exercise of care towards a person;
• environmental restraint: restriction of a person's free access to all parts of their environment, including items or activities.

Determining whether a practice or intervention is a Regulated Restrictive Practice for the purpose of a Client needs to be made on a case-by-case basis, taking into account the context in which the practice is used and the age of the Client.

Restrictive Practice means any practice or intervention that has the effect of restricting the rights or freedom of movement of a Client.

The Victorian Senior Practitioner has the power to issue prohibitions and directions under the Victorian Disability Act 2006 and is responsible for, among other things:

• ensuring that the rights of people who are subject to Regulated Restrictive Practices in Victoria are protected and appropriate standards are complied with; and
• the authorisation of chemical and environmental restraint and the approval for the use of mechanical and physical restraint in Victoria.

5. Communication

1. This Policy shall be communicated to existing Clients on its commencement and to new Clients on the commencement of their service.
2. This Policy shall be communicated to all staff of Learning for Life on its commencement and to new staff members on the commencement of their employment in compliance with Recruitment and Induction Policy and Training and Registrations Policy.
3. Learning for Life shall provide information and training to all clinical staff about this Policy and its application.
4. Client feedback about the practices of Learning for Life can be communicated according to the Client Complaints and Feedback Policy.
5. This Policy shall be read in conjunction with:

• Child Safe & Vulnerable Persons Policy;
• Code of Conduct;
• Client Complaints and Feedback Policy;
• Grievance Policy;
• Client Confidentiality and Privacy Policy;
• Duty of Care and Incident Management Policy;
• Individual Programs Policy;
• Infectious Diseases Policy;
• Occupational Health & Safety Policy;
• Psychosocial Hazards Policy;
• Performance Management and Disciplinary Policy;
• Recruitment and Induction Policy;
• Risk Management Policy;
• Training and Registrations Policy; and
• L4L Restrictive Practices Flow Chart.

6. Human Rights

1. The Universal Declaration of Human Rights sets out a number of articles that are fundamental human rights to be universally protected. Learning for Life acknowledges these human rights and the interrelationship between these rights and the delivery of therapeutic services to Clients. Learning for Life shall ensure Clients' rights are upheld whilst delivering positive behaviour support in line with the NDIS (Restrictive Practices and Behaviour Support) Rules 2018.
2. Learning for Life supports active decision-making and individual choice of Clients to make informed decisions and understand their rights and responsibilities. Where relevant, Learning for Life shall provide information on how it upholds human rights having regard to:

• Age Discrimination Act (Cth) 2004;
• Australian Human Rights Commission Act (Cth) 1986;
• Disability Discrimination Act (Cth) 1992;
• Equal Opportunity Act (Vic) 2010;
• Racial Discrimination Act (Cth) 1975;
• Sex Discrimination Act (Cth) 1984.

3. Learning for Life acknowledges the following Articles under the United Nations (2006) Convention on the Rights of Persons with Disabilities which underpin the Positive Behaviour Support Capability Framework:

Article 12: Equal recognition as a person before the law. This article recognises the right to protection from abuse through support to work on legal and financial issues; that rights and choices are respected; and that support is given to make decisions without coercion.

Article 13: The right to justice.

Article 14: The right to liberty and security. This article recognises the importance of protection against the removal of liberty illegally and without reason, and to protections under the law if liberty is taken away.

Article 16: Freedom from exploitation, violence and abuse. This article is the most direct link with the Australian Government's (2014) commitment to the reduction and elimination of restrictive practices, and is supported by a Zero Tolerance Framework.

Article 19: Living independently and being included in the community. This article covers people making choices about where they live, who they live with, and the supports they seek to be part of the community.

Article 21: Freedom of expression and opinion, and access to information. This article is about the right to say what one thinks through the type of communication that a person chooses.

Article 26: Habilitation and rehabilitation. This article covers actions that make it possible for people with disability to enjoy maximum independence, full abilities, and be involved in all aspects of life.

7. Positive Behaviour Support and Managing Behaviours of Concern

1. The NDIS Positive Behaviour Support Capability Framework (December 2024) outlines the capabilities required of individuals providing behaviour support under the NDIS and has been produced by the NDIS Commission using best practice positive behaviour support as its guidance.
2. Positive behaviour support is the term used to describe the integration of the contemporary ideology of disability service provision with the clinical framework of applied behaviour analysis. Positive behaviour supports are supported by evidence encompassing strategies and methods that aim to increase the person's quality of life and reduce behaviours of concern (Source note: Carr, et al., 2002; Singer & Wang, 2009).
3. Where the behaviour support needs of a client are complex, significantly harmful or persistent, a Behaviour Support Plan may be created, documented and implemented as a part of that Client's overall support plan, having regard to the Client being at the center of every part of positive behaviour support.
4. All activities related to behaviour management shall be supportive and respectful of the Client's individual needs and goals, as identified through a Behaviour Support Plan, and based on a current and comprehensive behaviour support assessment.
5. When responding to Behaviours of Concern the following principles shall be held in regard:

• supporting positive behaviour;
• using least restrictive alternative;
• promoting freedom of expression;
• supporting Clients to make their own decisions;
• Dignity of Risk;
• eradicating discrimination;
• using person-centred planning;
• respecting the role of parents or advocates in safeguarding Clients' rights;
• addressing allegations of abuse quickly and appropriately;
• managing risks that may arise when providing support to Clients.

6. Where a Behaviour of Concern is identified, Learning for Life undertakes to ensure the following is actioned upon:

• an appropriately timed response is delivered having regard to the threats posed to the Client and others whilst the Behaviour of Concern persists;
• thorough analysis and documentation of the relevant behaviour is undertaken;
• an individualised Behaviour Support Plan or Behaviour Management Plan is developed by an authorised person in consultation with the Client and key stakeholders, and having regard to the Client's decision-making capacity and rights;
• support and resources from appropriate external professionals are sought as required;
• any Restrictive Practice authorised and consented to is administered appropriately with the least infringement of the rights of the Client;
• the Client's progress is monitored against behavioural goals described and quantified in the Behaviour Support Plan or Behaviour Management Plan;
• the Client's Behaviour Support Plan or Behaviour Management Plan is reviewed in consultation with relevant parties who were involved in the construction of the initial plan;
• implementing team members are supported to understand their duty of care towards Clients and consider risk management to remove the risk of harm arising from Behaviours of Concern;
• the risk of harm to a child or young person is assessed and any breaches are reported to authorities as outlined in the Duty of Care and Incident Management Policy and/or Child Safe & Vulnerable Persons Policy;
• any employees who are not appropriately trained or equipped to deal with the Behaviour of Concern are removed, having regard to their safety and wellbeing;
• counselling is made available to employees affected by Behaviours of Concern; and
• any feedback is addressed in accordance with the Client Complaints and Feedback Policy;
• any grievances raised are addressed in accordance with the Grievances Policy.

7. Learning for Life owes a duty of care to Clients and staff as is outlined in the Duty of Care and Incident Management Policy, the Occupational Health & Safety Policy and the Psychosocial Hazards Policy. Duty of care shall always be balanced with the Dignity of Risk and that principle shall be upheld in relation to a Client's Behaviour Support Plan as a whole and their Behaviour Management Plan as its integral part.
8. Learning for Life has a responsibility to ensure that people who receive a behaviour support service are protected from exploitation, abuse, neglect, and unlawful and degrading treatment in accordance with the Child Safe & Vulnerable Persons Policy and Code of Conduct Policy.
9. Learning for Life gives regard to the National Framework for Reducing and Eliminating the Use of Restrictive Practices in the Disability Service Sector as the primary guideline when considering the policies and work practices related to ensuring Clients' safety, handling Behaviours of Concern and using Restrictive Practices.

8. Development of Behaviour Support Plans by Learning for Life

1. Learning for Life will ensure that Behaviour Support Plans and Behaviour Management Plans for its Clients are only developed by a Behaviour Support Practitioner and that Learning for Life appointed Behaviour Support Practitioners have the skills and knowledge required to provide high quality behaviour support services.
2. Behaviour Support Plans must be:

• in the form required by the NDIS and Victorian Senior Practitioner; and
• proactive, reflect the person's individual needs, improve their quality of life and support their progress towards positive change.

3. A Behaviour Support Plan for a Client shall be developed in consultation with the Client, key stakeholders (including implementing providers) and in accordance with the Individual Programs Policy. The Behaviour Support Practitioner must take all reasonable steps to:

• reduce and eliminate the need for the use of Regulated Restrictive Practices;
• take into account any previous behaviour support assessments and other assessments;
• make changes within the Client's environment that may reduce or remove the need for the use of regulated restrictive practices;
• consult with the Client and with the Client's family, carers, guardian or other relevant person, including providing details of any intention to include a Regulated Restrictive Practice in the Behaviour Support Plan; and
• consult with other parties who may implement the Behaviour Support Plan and/or use any Regulated Restrictive Practice recommended within the Behaviour Support Plan.

4. In developing a comprehensive Behaviour Support Plan the Behaviour Support Practitioner must undertake behaviour support assessment, including a functional behaviour assessment. The assessment should always identify the strengths of the Client, their will and preference for important elements of their life, and the person's environmental (physical, interpersonal, internal) context. Informed Consent of the Client must be obtained before the assessment begins.
5. A Behaviour Support Plan for a Client should include:

• detailed description and analysis of the behaviour;
• clear identification of any recommended Restrictive Practice;
• information about staff members and/or other providers responsible for documenting, reviewing and implementing the plan;
• Informed Consent of Client's advocates or parents;
• recommended and implemented interventions based on contemporary evidence-based strategies (including relevant environmental adjustments to constructively reduce behaviours of concern);
• protocols for implementing providers carrying out the plan;
• client's behavioural goals;
• client's progress against behavioural goals;
• amendments made upon review of the plan along with notes on consultation with external professionals and other relevant parties.

6. Where a Behaviour Support Practitioner recommends a Regulated Restrictive Practice, this shall be done as part of a Behaviour Support Plan and be in line with least restrictive practice principle such that practices and interventions recommended are no more restrictive or intrusive than is necessary to prevent foreseeable harm to the Client and need not be applied any longer than is necessary to manage an identified risk.
7. Under the NDIS (Restrictive Practices and Behaviour Support) Rules 2018 any Client that does not have a Behaviour Support Plan in place but has an immediate need for one, should receive an Interim Behaviour Support Plan that minimises the risk to the person and others.

• Where the use of Regulated Restricted Practice is required all reasonable steps must be taken to facilitate the development of an Interim Behaviour Support Plan that covers the use of the Regulated Restrictive Practice within one month of the Regulated Restrictive Practice having occurred or, if Learning for Life has not been engaged until after the use of the Regulated Restrictive Practice by another party, within one month of being engaged to develop the interim support.
• In the case where an Interim Behaviour Support Plan being developed contains Regulated Restrictive Practices, all reasonable steps must be taken to facilitate the development of a comprehensive Behaviour Support Plan within six months of the Regulated Restrictive Practice having occurred or, if Learning for Life has not been engaged until after the use of the Regulated Restrictive Practice by another party, within six months of being engaged to develop the interim support.

8. In the instance that an Interim Behaviour Support Plan needs to be developed for a client with an immediate need for a behaviour support plan, consideration shall be had to the following:

• mitigation of risks to the Client and others;
• any required collaboration with mainstream service providers such as Victoria Police; authorised program officer; emergency services; mental health and emergency departments, treating medical practitioners and other allied health clinicians; and
• any other relevant matters.

9. The Behaviour Support Practitioner shall ensure implementing providers are adequately informed and trained to be able to implement the strategies recommended in the Behaviour Support Plan and are aware of the reporting requirements prescribed in the National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018.
10. Where a Behaviour Support Plan recommends the use of a Regulated Restrictive Practice, the Behaviour Support Practitioner will take reasonable measures to ensure that implementing providers are familiar with operational aspects of the proposed practice as a component of the Behaviour Support Plan, are competent to implement it, can demonstrate an understanding of its specific purpose, and have access to relevant supports.
11. Regular monitoring and evaluation of Behaviour Support Plans shall be undertaken by the Behaviour Support Practitioner, including via engagement with the participant and by reviewing and monitoring data collected by the parties implementing the plan. Results of monitoring and evaluation will be incorporated, reviewed and updated where changes in requirements or progress towards goals occur.
12. Behaviour Support Plans must be reviewed at least every 12 months, or earlier if the Client's circumstances change (in which case review must occur as soon as practical after the change occurs). Review of the Behaviour Support Plan will:

• be conducted by the Behaviour Support Practitioner in consultation with the Client's family/guardian, carers and any implementing providers;
• take into account any new information or strategies and aim to move toward reducing or fading out any existing Regulated Restrictive Practices;
• require updated authorisation, approval and lodgment under clauses 9 and 10 below in the event review leads to amendment of the Behaviour Support Plan.

9. Process for Authorisation and Lodgment of Behaviour Support Plans developed by Learning for Life

1. Behaviour Support Plans that do not contain recommendations for Regulated Restrictive Practices need not be approved by, or lodged with, either the Victorian Senior Practitioner or the NDIS Quality & Safeguards Commission.
2. Where a Learning for Life Behaviour Support Practitioner develops a Behaviour Support Plan that contains recommendations for a Regulated Restrictive Practice (RRP BSP):

• Victorian Senior Practitioner Approval; and
• in the case of Clients who are NDIS participants, lodgment of the RRP BSP with the NDIS Commission,

must take place prior to implementation of the plan or use of any Regulated Restrictive Practice thereunder.

3. It is the responsibility of the Behaviour Support Practitioner to submit the RRP BSP to:

• the Authorised Program Officer of all relevant implementing service providers; or
• in the case where the only implementing parties to the plan are:
  • the Client's parents/guardians;
  • the Client's school; and/or
  • Learning for Life (even if Learning for Life's implementation is limited to the Behaviour Support Practitioner continued consultation with the Client or other Learning for Life clinical consultant providing ongoing therapeutic support to the Client),

Learning for Life's Authorised Program Officer, to enable the relevant Authorised Program Officer to obtain Victorian Senior Practitioner authorisation to the RRP BSP and to ensure that this authorisation is obtained. It is the responsibility of the relevant Authorised Program Officer(s) to obtain Victorian Senior Practitioner Authorisation and provide evidence of this authorization to the Behaviour Support Practitioner. Clause 10 below sets out the process for authorisation where the responsibility rests with Learning for Life's Authorised Program Officer.

4. Where the Client for whom the RRP BSP has been developed is an NDIS Participant, upon receipt of evidence from the relevant Authorised Program Officer(s), the Behaviour Support Practitioner will lodge the Behaviour Support Plan, along with evidence of Victorian Senior Practitioner authorisation, with the NDIS Commission.

10. Process for Authorisation of Behaviour Support Plans implemented by Learning for Life

1. Learning for Life will ensure it appoints an Authorised Program Officer in accordance with the requirements under the Disability Act 2006 (Vic) and that the Department of Health and Human Services' Restrictive Interventions Data System. The Authorised Program Officer will not be a Behaviour Support Practitioner also.
2. Learning for Life shall ensure that any Behaviour Support Plan to be implemented by Learning for Life with respect to a Client is reviewed and authorised by its Authorised Program Officer prior to implementation.
3. Where a Behaviour Support Plan does not recommend the use of a Regulated Restrictive Practice, the Learning for Life Authorised Program Officer may authorise implementation of the plan and need not submit the plan for Victorian Senior Practitioner authorisation (not require the Behaviour Support Practitioner that developed the Behaviour Support Plan to lodge the plan with the NDIS Commission).
4. Where a Behaviour Support Plan does recommend the use of a Regulated Restrictive Practice, the Learning for Life Authorised Program Officer must:

• ensure that an adult who is independent from both Learning for Life (and anyone else involved in the development or review of the RRP BSP) is available to explain to the Client inclusion of any Restrictive Practices in the RRP BSP and that the Client may seek review by the Victorian Civil and Administrative Tribunal to oppose the use of the Restrictive Practice; and
• authorise the use of all Regulated Restrictive Practices recommended in the RRP BSP in line with the requirements of the Disability Act 2006 (Vic) and the NDIS Commission's requirements (under the NDIS (Restrictive Practices and Behaviour Support) Rules 2018 (Cth)), whereby the proposed use must be:
  • clearly identified in the RRP BSP;
  • a last resort only in response to risk of harm to the Client or another person, and only after having explored and applied evidence-based, person centered, proactive strategies;
  • necessary to prevent a person from causing physical harm to themselves or another person;
  • the option which is the least restrictive of the person as is possible in the circumstances;
  • proportionate to the potential negative consequences or risk of harm;
  • used for the shortest time possible to ensure the Client's safety and the safety of others;
  • linked to a clear plan for reducing and eliminating the restrictive practice over time;
  • and document both the independent explanation and authorisation on the Client's file.

5. Having authorised a RRP BSP, the Learning for Life Authorised Program Officer will submit the RRP BSP to the Victorian Senior Practitioner (via Restrictive Interventions Data System) for approval, along with information confirming the independent explanation has taken place and any other additional information required by the Victorian Senior Practitioner (such as information about implementation of the Client's previous RRP BSP, reportable incidents or relevant assessments). Additional approval by the Victorian Senior Practitioner is required for physical restraint, mechanical restraint and other practices as directed by the Victorian Senior Practitioner. The Senior Practitioner Physical Restraint Direction and Guidelines provide additional information on the approval and use of physical restraint in Victoria.
6. Following submission by the Authorised Program Officer in accordance with the above clause, the Victorian Senior Practitioner will provide evidence that Restrictive Practices meet Victorian authorisation requirements to the Authorised Program Officer. Upon receipt of this approval, the Authorised Program Officer will provide evidence of the Victorian Senior Practitioner approval to the Behaviour Support Practitioner responsible for developing the RRP BSP.

11. Implementation of approved Behaviour Support Plans and the Use and Reporting of Restrictive Practices

1. Learning for Life shall ensure that where a Client's Behaviour Support Plan recommends the use of a Regulated Restrictive Practice, staff involved in implementation are familiar with operational aspects of the proposed practice as a component of the Behaviour Support Plan, are competent to implement it, can demonstrate an understanding of its specific purpose, and have access to relevant supports.
2. Restrictive Practices shall not be considered therapeutic interventions and shall only be used as a last resort when other options have failed to maintain safety for the Client in distress, staff or other parties.
3. The use of Restrictive Practice shall be closely monitored to safeguard against abuse and replaced with less restrictive strategies as soon as possible. The primary reason for using Restrictive Practices is to protect the person from causing harm to themselves or others. Reasonable force can be used to maintain safety, however this must be the least restrictive form of intervention possible being used to protect staff and/or others that may be at risk, to ensure the Client does not inflict harm on staff, themselves or others. All other options shall be exhausted before implementing restraint.
4. Each use of a Restrictive Practice shall be documented in the Restrictive Practice Use Form and submitted to the Practice Manager as soon as reasonably possible following the use. Completed Restrictive Practice Use Forms, each of which must be included on the relevant Client's file, shall include:

• date, time and location of each episode of implementation;
• brief description of environment and events prior to implementation of strategy;
• description of presenting behaviour;
• detail of other less restrictive strategies attempted (if any);
• consequences and outcomes of less restrictive strategies attempted;
• reason for use of strategy;
• duration of use;
• periodic observational notes of the presentation of Client (if applicable);
• name and position of staff involved in implementation of the strategy;
• name and position of staff directing use of strategy;
• name and position of staff responsible for conducting and recording periodic observations (if applicable);
• consequences and outcomes of the use of strategy.

Upon receipt of the completed Restrictive Practice Use Form, the Practice Manager will enter the incident into the Restrictive Practice Register and inform the Authorised Program Officer.

5. A team debrief shall occur following any event involving the use of any Restrictive Practice (whether authorised or not) and staff shall be provided support and counselling as necessary. The debrief shall identify areas for improvement and shall be documented.

Where the use of a Restrictive Practice involves the Client being physically restrained, Learning for Life shall:

• immediately refer the Client for assessment by a medical practitioner; and
• provide the Client with support and counselling.

6. The Authorised Program Officer will submit monthly reports to the NDIS Commission via the NDIS Commission Portal to advise of the use of Regulated Restrictive Practices against any RRP BSP's lodged by Learning for Life in respect of its Clients. Where a RRP BSP includes a Regulated Restrictive Practice but it has not been used the Authorised Program Officer will submit the monthly report with 'nil' against that Regulated Restrictive Practice.
7. As outlined in clause 10 of the Duty of Care and Incident Management Policy, the use of a 'Reportable Restrictive Practice' with respect to a Client that is an NDIS participant, must be notified to the NDIS Commissioner via the NDIS Commission Portal within 5 business days of staff being made aware of it. If the Reportable Restrictive Practice harmed the Client, NDIS Commissioner notification must be made within 24 hours, with a more detailed report about the incident and actions taken to be provided within 5 business days.

• A Reportable Restrictive Practice means an unauthorised use of a Regulated Restrictive Practice due to it not being in accordance with a Victorian Senior Practitioner approved Behaviour Support Plan.
• After submission of a 5-business day Restrictive Practice Report, the NDIS Commissioner may require the submission of a final report within 60 days.
• The Authorised Program Officer is responsible for ensuring required NDIS notifications are made within the timeframe required.
• The use of a Regulated Restrictive Practice with respect to a Client that is an NDIS Participant that is in accordance with a Behaviour Support Plan which has been approved by the Victorian Senior Practitioner need not be reported to the NDIS Commissioner as a reportable incident on the NDIS Portal, but must be included in the Authorised Program Officer's monthly reporting obligations to the NDIS Commission.
• The use of a Regulated Restrictive Practice with respect to a Client that is not an NDIS participant need not be reported to the NDIS Commissioner.
• For the avoidance of doubt, the use of a Restrictive Practice that Learning for Life determines is not a Regulated Restrictive Practice (having regard to the context and age of the Client and the practice being a genuine child safety/injury prevention measure in line with community standards where its use would have been relevant to any child of that age and not just because the Client has a disability or behaviour of concern) need not be reported and does not require development of a Behaviour Support Plan, but its use still must be recorded in the Restrictive Practice Use Form and submitted to the Practice Manager.

8. With respect to a Client that is not an NDIS participant, each use of a Regulated Restrictive Practice that is inconsistent with Behaviour Support Plan approved by the Victorian Senior Practitioner (or where the Client does not have in place a Behaviour Support Plan that is approved by the Victorian Senior Practitioner) must be reported to the Victorian Senior Practitioner by the Authorised Program Officer within 7 days after the end of the calendar month during which the incident occurred.
9. In addition to documenting and reporting the use of a Regulated Restrictive Practice that is not in accordance with a Victorian Senior Practitioner approved Behaviour Support Plan, the Authorised Program Officer must give consideration as to whether:

• the Client requires an Interim Behaviour Support Plan (in accordance with clause 7.6 above); or
• the Client's existing Behaviour Support Plan requires amendment and (re)submission for approval by the Victorian Senior Practitioner, in which case the Authorised Program Officer would engage with the relevant Behaviour Support Practitioner for plan development or amendment and approval.

10. The staff at Learning for Life are not permitted to administer medication to Clients (other than in specific emergency response in line with a Client's health risk management plan circumstances and where the individual has been trained to do so, such as administration of EpiPens or insulin in relevant circumstances). Learning for Life staff will therefore not administer any chemical restraint or psychotropic medication. Where psychotropic medication has been prescribed by a psychiatrist or pediatrician and is consented to for administration on an "as needs" basis, the Client's parent or legal guardian is responsible for administering the medication.

12. Application of Restrictive Practices in an Emergency

1. In emergency situations, the primary consideration for Learning for Life staff must be the immediate safety and wellbeing of the Client and other parties.
2. As far as possible, the application of Regulated Restrictive Practice in an emergency shall be consistent with the Behaviour Support Plan.
3. Once the safety of all parties is ensured, staff shall brief the Authorised Program Officer and document both the emergency and the Restrictive Practice as soon as practicable using the Restrictive Practice Use Form referred to in clause 11 above.
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