Today’s Royal Commission hearing included consideration of the legislative framework which guides the use of restrictive practices – particularly chemical restraint.  The complex interaction between the NDIS Act and Rules, and state legislation was acknowledged by witnesses and Commissioners alike.

Advocate Joanna Mullins highlighted where Queensland and Commonwealth legislation overlap and diverge – and the fact that something may be considered a restrictive practice under one jurisdiction but not another. She believes that what constitutes a behaviour of concern is open to interpretation.