RACHEL STEPHEN-SMITH MLA

Minister for Community Services and Social Inclusion

Minister for Disability, Children and Youth
Minister for Aboriginal and Torres Strait Islander Affairs
Minister for Multicultural Affairs
Minister for Workplace Safety and Industrial Relations
Member for Kurrajong

07 June 2018

Progress towards the reduction of restrictive practices in the

ACT
Today I presented the Senior Practitioner Bill 2018 to the Legislative Assembly. This Bill establishes a framework
for the reduction and elimination of restrictive practices in the ACT. It also establishes the role of Senior
Practitioner to monitor the use of restrictive practices and to work with the community to increase awareness
about them.

A restrictive practice is any practice or intervention that restricts the rights or freedom of movement of a person
for the primary purpose of protecting the person or others from harm.

Restrictive practices are more likely to be used in response to behaviours of some of the most vulnerable people
in our community – people with disability, older people, people living with psychosocial disability and children
and young people.

This Bill enshrines greater protection for Canberrans from the unnecessary use of restrictive practices by
establishing formal protection and oversight mechanisms for the ACT.

Extensive community consultation was undertaken with the ACT community, including the ACT Human Rights
Commission regarding the use of restrictive practices and the proposal to establish a Senior Practitioner.

The Senior Practitioner’s powers will extend to disability services, schools and other education settings, children
and young people in out-of-home care, and some individuals receiving support for psychosocial disabilities.

The Bill makes specific exemptions for persons receiving care under the Mental Health Act 2015, patients in
secure mental health facilities, and those in custodial or prison detention (including the Bimberi Youth Justice
Centre). This is due to existing oversight arrangements specific to those settings already providing legislative
oversight and regulation.

It is also important to note that the Bill will not apply to families or informal carers for the person. Neither will it
seek to regulate reasonable action to monitor and protect a child from harm – for example, holding a child’s hand
while crossing a road, or putting a fence around a school or childcare centre.

This Bill is a demonstration of the ACT Government’s commitment to a fully inclusive city and community.

Statement ends

Media contact:
Tim Cooke M 0466 023 084 E tim.cooke@act.gov.au

ACT LEGISLATIVE ASSEMBLY

Phone (02) 6207 1185 Email: stephen-smith@act.gov.au
@RachelSS_MLA rachelssMLA