Acknowledgements endorsements Background methodology executive Summary 11 Recommendations 22 Article — general obligations 38



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Restrictive Practices


  1. People with disability are routinely subjected to unregulated and under-regulated behaviour modification or restrictive practices that include chemical, mechanical, social and physical restraint, detention, seclusion and exclusionary time out.194 These practices can cause physical pain and discomfort, deprivation of liberty, prevent freedom of movement, alter thought and thought processes, and deprive persons of their property and access to their children.195

  2. Restrictive practices aim to manage behaviour that is ‘challenging’ or that is of danger to the person with disability or others. However, restrictive practices can constitute humiliation and punishment, and can be imposed as a means of coercion, discipline, convenience, or retaliation by staff, family members or others providing support.196

  3. Restrictive practices are not limited to the disability and mental health service settings, such as institutions, group homes, boarding houses and mental health facilities. They also occur in schools, hospitals, residential aged care facilities and prisons.197

  4. Research and available data on the use of restrictive practices and the impact of these practices on people with disability is very limited in Australia. Further, there is an absence of any definitive, regular and reliable national public reporting of rates of use of restrictive practices, and where reporting is required, there is an under-reporting of the number of people who endure these practices.198

  5. Available research indicates that an estimated 44 to 80% percent of people with disability who show ‘behaviours of concern’ are administered a form of chemical restraint,199 between 50 and 60 percent are subjected to regular physical restraint,200 and those with multiple impairments and complex support needs are subjected to much higher levels of restraint and seclusion.201 Research with people with disability about their experiences and views regarding restrictive practices has found that there is a high priority on feeling safe, but many feel unsafe in the situations and environments they are faced with.202 People with disability:

        1. are often unaware of their rights and may have difficulty identifying when their rights have or are being violated; or may be reluctant to lodge a complaint out of fear or resignation, or because of a lack of advocacy support;

        2. may justifiably feel angry when services are not delivered or are withdrawn, and where restrictive practices are renamed, thereby influencing future behaviour towards staff and heightening the risk of further restrictive practices being imposed;

        3. find communal settings increase behaviours that make them feel unsafe, and that maintaining private space and safety is more difficult where staff numbers are low, where there is no active engagement, there are locked areas, and where there are too many people;

        4. often feel a sense of powerlessness in disability and mental health facilities in terms of a lack of personal autonomy which adversely impacts on their behaviour; and

        5. communicate their views about different environments and situations through their behaviour in those environments and situations.

  6. Overall, this research finds that many behaviours that are identified as ‘behaviours of concern’ can be viewed as a form of resistance or protest to maladaptive environments; and that these should be viewed as legitimate responses to problematic environments and situations. Changing services, systems and environments should be the starting point for changing behaviour, rather than changing the person.203

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