FOI 24.25 1488 Documents Disclosure Log Documents.pdf

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FOI 24/25-1488- DISCLOSURE LOG
Research – Modified Vehicle Purchases
There has been a theme developing in requests before the AAT for the Agency
to purchase a vehicle and then to also fund modifications to the vehicle.
In an effort to assist participants/applicants in identifying appropriate
pathways to purchase their own vehicle, we would like to compile a list of
resources including the following:
• Low Income Loan resources
Brief
• Pre-owned modified vehicles for sale (is there a database/website etc.
where these are listed? What are the safety requirements when
selling/purchasing a pre-owned modified vehicle?)
• Community Organisations who assist in fundraising
What wheelchair accessible ride share services are available and where? (e.g.
Uber WAV was being trialled in Australia in 2018, GoGet was a service available
at Royal North Shore Hospital)
Date
14/05/2021
s22(1)(a)(ii) - irrelevant material
Requester(s)
Naomi
- Senior Technical Advisor (TAB/AAT)
Shannon s22(1)(a)(ii) -   – A
irrelevant  ssi
material stant Director (TAB/AAT)
Researcher
Jane s22(1)(a)(ii) -   -
irrelevant  Res
material earch Team Leader (TAB)
Cleared
N/A
Please note:
The research and literature reviews col ated by our TAB Research Team are not to be shared external to the Branch. These
are for internal TAB use only and are intended to assist our advisors with their reasonable and necessary decision-making.
Delegates have access to a wide variety of comprehensive guidance material. If Delegates require further information on
access or planning matters they are to call the TAPS line for advice.
The Research Team are unable to ensure that the information listed below provides an accurate & up-to-date snapshot of
these matters.
1  Contents
2  Low Income Loan Resources ........................................................................................................... 2
2.1
MoneySmart ........................................................................................................................... 2
2.2
Good Shepherd ....................................................................................................................... 3
3  Locating Pre-Owned Modified Vehicles .......................................................................................... 4
3.1
Car Sales .................................................................................................................................. 4
3.2
E-Bility ..................................................................................................................................... 4
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Its aim is to help Australians of all ages, backgrounds and incomes to increase their financial
wellbeing and build a better life. Through the Moneysmart website they:
•
encourage saving
•
provide simple steps for the 1 in 3 people who feel stressed and overwhelmed by money
•
encourage informed use of financial products and services
•
increase retirement preparedness
•
provide specialist support for priority audiences
They provide assistance with the below area:
• Managing your money
o Financial counselling
o Urgent help with money
o Save for an emergency fund
o Managing on a low income
o Problems paying your bil s
• Reduce you debt
o Get debt under control
o Pay off your mortgage faster
o Debt consolidation
o Switching home loans
• Plan for your future
o Saving
o Grow your super
o Develop an investing plan
o Financial advice
o Life insurance
• Grow your wealth
o Buying a house
o Investor toolkit
o Choose your investments
o Shares
o Managed funds and EFTs
• Tools and resources
o Budget planner
o Choosing a financial advisor
o MySuper funds list
o Superannuation calculator
o Unclaimed money
2.2 Good Shepherd
Good Shepherd are a charitable organisation that support women, girls and families experiencing
hardship. They provide various financial services including:
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•  No Interest Loans (NIL) – up to $3,000
•  Insurance – affordable and simple insurance policies
•  Good Money Stores – financial services for people on low incomes

3  Locating Pre-Owned Modified Vehicles

Many of the suppliers of new modified wheelchair accessible vehicles sell used or demonstrator
vehicles. These listed on each individual website and are often in high demand (some note they sell
out before being listed on their website).
The E-Bility and Car Sales website appear to have the most used vehicles listed. They are the easiest
to navigate and show vehicles from across the country.
Unable to find any safety requirements for sellers or purchases of pre-owned modified vehicles. It is
generally the purchasers’ responsibility to research a particular vehicle and have it inspected by a
qualified mechanic before purchasing.

3.1  Car Sales
The Car Sales website doesn’t have a feature which allows for the identification of wheelchair
modified vehicles. However, you can keyword search ‘disability’ or ‘wheelchair’ and cars which
match this description wil  be shown.

3.2  E-Bility
E-Bility is an accessible marketplace for al  disability equipment and products. E-Bility is owned by
the not-for-profit organisation IDEAS.
The website advertises private, commercial ex fleet or refurbished disability access vehicles. Cars are
listed by individuals sellers with descriptions provided.
3.3  Fabcar
Fabcar stock a wide range of new and used wheelchair accessible vehicles for sale in Perth, Western
Australia.

3.4  Freedom Motors Australia
Prices not listed but can be requested.
List the vehicle details (year, model, fuel type, petrol, colour, and odometer), modification details,
inclusions, condition.

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3.5  Wheelchair Vehicle Sales
Queensland business Wheelchair Vehicle Sales supply quality used vehicles from Japan that are
factory modified. They currently have government approval to import 52 different vehicles models
(see compliance page for list). A Description and vehicle details are provided for each vehicle.
3.6  Integrity Care Sales and Rentals
Integrity Car Sales and Rentals have a diverse range of wheelchair accessible cars and vehicles for
sale. The modified vehicles advertised for sale are converted or manufactured specifically for
disability access in mind.
All cars have Engineers Certificate and comply with the Australian Design Rules.
1. All disability vehicles are checked, tested, serviced and come with log books and warranties
2. Al  Wheelchair Car Conversions are done by the vehicle manufacturer to the highest
standards
Various wheelchair access vans and van customisations include:
• Private and commercial use
• New and used existing vehicles for wheelchair car access
• Sloping mechanism
• Swivel chair
• Front seat or back seat passenger options available
• Multiple disabled access options available, i.e. two wheelchair positions available
3.7  Auto Mobility
Supplier of Wheelchair Access Vehicles (new and demonstrator models). They offer nation-wide
service and repair, quality assurance and after sales support. They can provide multiple options
including driver’s seat, front passenger, and second or third row conversions.
3.8  Mobility Vehicle Sales
Company based in Adelaide, South Australia. For interstate buyers, vehicles can be transported all
over Australia to your door. They advise to contact them with requirements as vehicles often sell
before being listed on their website.
Imported vehicles are handpicked from Japan. The company “have nearly 25 years vehicle importing
experience”.
3.9  Import Revolution
Service the Melbourne, Geelong, Bendigo, Ballarat, and Gippsland areas regions. Provide imported
cars which adhere to the Australian Design Rules through a registered automotive workshop. Sell
new and used wheelchair accessible vehicles.
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3.10 Nation Wide Mobility Vehicles
Located on the Sunshine Coast. List a range of vehicles such as Toyota Noah, Nissan Cube, Toyota
Hiace, Toyota Porte, Toyota Tarago and Kia Carnival.
3.11 MotorMan Imports
Registered motor vehicle dealer at sells second hand wheelchair vehicles.
3.12 East Coast Commercials
Sell wheelchair buses and vans. No information provided on types or safety requirements.
3.13 Insurance
Blue badge insurance offers insurance for cars that have been converted for drivers or passengers
with a disability. Other insurance companies can often see disability modifications as risks which
leads to higher premiums. Some of the benefits include:
• Discounted premiums, by up to 25%^, for Disability Parking Permit users.
• New for old replacement option for disability conversions.
• Cover your family, friends, carers or support workers who drive your car.
• Monthly repayment options available.
• Up to $5,000 cover for assistive technology (wheelchair, walkers, mobility scooter etc.) while
in your car.
4  Community Fundraising Organisations
4.1  Variety Vehicle Modification Grant
Variety provides up to $10,000 towards the modification of a vehicle to make it possible for a child
to access and travel in the family vehicle, something they are currently unable to do due to their
disability.
Vehicle modifications include changes to a vehicle or the installation of equipment in a vehicle that
will enable a child to gain access to the vehicle. This can include enabling the child to:
• Get in and out of the vehicle with or without a wheelchair.
• Carry their wheelchair in or on the vehicle without lifting.
• Be transported safely whilst seated in their wheelchair.
4.2  Sunshine Butterflies
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Sunshine Butterflies offers a ‘Personal Fundraising Initiative’ to assist families, individuals, and
disability groups or clubs to raise funds for various supports. Through Sunshine Butterflies:
•
Members are able to raise the funds needed to achieve their goals by using the security of a
registered charity with deductible gift endorsement.
•
Sunshine Butterflies will help members create their own personal fundraising page online.
•
Members are able to send their page link to friends, family and colleagues who can read their
story, make a donation and leave a personalised message.
•
Personal Fundraising allows prospective donors to give directly to an appeal of their choice.
•
Creating a personal fundraising page is quick, easy and most importantly secure. Donations are
collected online and automatically transferred to Sunshine Butterflies who will then allocate
the amount to the individual, family or group once the desired goal is reached.
4.3  Vehicle Modification Subsidy Scheme
Administered by the State Wide Equipment Scheme. Maximum subsidy of $10,000, per person, over
a seven year period.
A VMSS subsidy is not available as a contribution towards the cost of:
• the vehicle
• modifying multiple vehicles
• non-disability-specific items such as rear-vision cameras, rear-parking sensors, global
positioning system devices, mirrors and cruise control
• vehicle transmission conversion
• vehicle running costs, statutory charges or insurance premiums
• modifications to vehicles owned by organisations
• items of second hand vehicle related modifications
Refer to the Vehicle Modification Subsidy Scheme guidelines for further information on eligibility
and inclusions.
4.4  Australian Lions Foundation
The Australian Lions Foundation provides various grants that may possibly cover vehicle purchases
or modifications.
General grants: must be for specific items and not for general or central funds. Projects for which
support is sought must be community based welfare projects
Special Purpose Grants: To provide help and assistance in al  forms for community welfare on a
National, State or District basis. Such Grants may have conditions imposed, as regards use of the
funds and ultimate accountability, as are deemed necessary. No matching funding shal  be required
for a Special Purpose Grant.
Compassionate Grants: Grant of funds to a person or families that are suffering financial hardship
through il ness or other necessitous circumstances judged worthy by the Trustees. In the first
instance the applicant should contact the "Chairman of the Australian Lions Foundation" explaining
details of the circumstances.
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4.5  Rotary Australia

In January 2017, Rotary Australia announced its Compassionate Grants program to help Australians
in need.
Grants are assessed by the Rotary Australia Benevolent Society (RABS) and funds distributed
to disadvantaged Australians identified by local Rotary Clubs or Rotary Districts as being in need
within their local or wider community.
Projects granted funding must meet RABS criteria for registration. They must provide direct relief to
people in need. If the intended recipients are disadvantaged, the relief should target that
disadvantage.
The concept of disadvantage is unlimited and could have arisen from sickness, suffering, distress,
misfortune, disability, destitution, helplessness or poverty, any aspect of the negative side of the
human condition. The criteria are not prescriptive but are to be used as a guide to determine the
disadvantage.
Example of projects funded where person or group was potential y disadvantaged under the above
criteria:
  Provision of a modified family motor vehicle for a 6 year old with cerebral palsy
  Modifications to a home to assist access and functionality for a quadriplegic
  Financial assistance for a seriously injured sportsman’s family
  Ongoing support for non PBS medicines for a sufferer of Lymes disease
  Provision of a specialised bed for a person with Parkinson’s Disease
  Supply insulin pumps to three children with juvenile diabetes
  Provision of improved prosthetics for an amputee
  Assistance to a family who lost everything in a fire
  Provision of financial assistance to a young family whose mother drowned

5  Wheelchair Accessible Ride Share Services

5.1  Uber

No evidence that Uber Wheelchair Accessible (WAV) is available in Australia. There are various
reports of trials in Brisbane and Newcastle approximately 5 years ago. A submission to the Inquiry
into the operation of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 [1] found that:
1)  The trial supported only a limited number of riders.
2)  Success of the trial was limited due to eligible Taxi Transport Subsidy Scheme (TTSS)
members not being able to use subsidies on Ube, and therefore are unable to compete on
price.
In March 2020, Commercial Passenger Vehicles Victoria (CPVV) announced a pilot with Uber, inviting
existing scheme members in the Greater Geelong area to use their subsidies through Uber [1].
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Subsidies can be applied to a range of products including Uber X, Uber Assist and Uber XL, providing
people with a permanent disability a greater choice in their transportation options.
Uber Assist uses certified drivers who can give special assistance to riders who may need extra help.
Drivers can help load and unload assistive devices that can fit in the trunk of a standard sedan once
folded or disassembled. The ‘transport for al ’ report conducted by the Disability Resources Centre
found that no participants in their survey used Uber assist as vehicles were never available when
they needed them [2]. Others reported not wanting to use the service as they “…did not feel that the
drivers were adequately trained or regulated.”
5.2  GoGet
Car share company GoGet has a Kia Carnival that is wheelchair accessible.
The car is available at a site located at the Royal North Shore Community Health Centre. 2 Herbert
Street, St Leonards, NSW, 2065.
6  References
1.
Uber. Submission to Inquiry into the operation of the Point to Point Transport (Taxis and
Hire Vehicles) Act 2016. 2020. Available from:
https://www.parliament.nsw.gov.au/lcdocs/submissions/68063/0083%20Uber.pdf.
2.
Disability Resources Centre. Transport for all. 2019. Available from: https://drc.org.au/wp-
content/uploads/2018/11/drc0001-transport-report-online.pdf.
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DOCUMENT 2
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Iss
Technical Advisory Branch (TAB)
Guide to Restrictive Practice
Processes by Australian state
and territory
Seclusion
Chemical
Mechanical
Physical
Environmental
April 2022
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Contents
Purpose .................................................................................................................................................. 2
Restrictive Practices ............................................................................................................................ 3
New South Wales ................................................................................................................................. 4
Victoria ................................................................................................................................................... 8
Northern Territory ............................................................................................................................... 11
Queensland ......................................................................................................................................... 14
Tasmania ............................................................................................................................................. 19
South Australia ................................................................................................................................... 23
Western Australia ............................................................................................................................... 26
Australian Capital Territory ............................................................................................................... 29
References .......................................................................................................................................... 31
Purpose
This document is a guide concerning the entities responsible for the authorisation for each of
the regulated restrictive practices (RRP) (seclusion, chemical, mechanical, physical, and
environmental) in each of the Australian states and territories.
The guide has been developed to assist TAB Advisors who provide advice on behaviour
supports and restrictive practices, and should be read in conjunction with:
• National Disability Insurance Scheme Act 2013
• NDIS Quality and Safeguards Commission Positive Behaviour Support Capability
Framework
• NDIS Quality and Safeguards Commission Regulated Restrictive Practices Guide
• NDIS Quality and Safeguards Commission Regulated Restrictive Practices with Children and
Young People with Disability
• National Disability Insurance Scheme (Restrictive Practices and Behaviour Support)
Rules 2018
• National Disability Insurance Scheme (Provider Registration and Practice Standard)
Rules 2018
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Restrictive Practices
Restrictive practices are ‘any practice or intervention that restricts the rights or freedom of
movement of a person with a disability’ (NDIS QSC, 2020). The NDIS (Restrictive Practices
and Behaviour Support) Rules 2018) state that regulated restrictive practices (RRP) involve
any of the following:
•  seclusion: sole confinement of a person with a disability in a room or physical space,
any hour of day or night, where voluntary exit is prevented, not facilitated or implied it
is not permitted (Australian Government, 2018a). Seclusion does not include a
person who chooses to have quiet time on their own in their room where they are
able to come out at any time. It also does not include someone choosing to lock their
door for privacy, where they are able to unlock the door and exit whenever they
choose to (NDIS QSC, 2020).
•  chemical restraint: use of medication or chemical substance for the primary
purpose of influencing behaviour (Australian Government, 2018a). It does not include
medication prescribed by a medical practitioner for the treatment of diagnosed
mental disorder, physical il ness or physical condition (Australian Government,
2018a). Chemical restraint does include use of medication to achieve menstrual
suppression without informed consent of the person (NDIS QSC, 2020).
•  mechanical restraint: use of a device to prevent, restrict or subdue movement for
the primary purpose of influencing behaviour. It does not include use of devices for
therapeutic or non-behavioural purposes (Australian Government, 2018a). A device
used for safe transportation is not a mechanical restraint, however any device used
during transport to prevent a behaviour of concern for safety reasons is considered a
mechanical restraint (NDIS QSC, 2022).
•  physical restraint: use or action of 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 (Australian Government, 2018a). It does not include if a
person needs assistance in daily living activities to complete a task safely and
accepts this support. For example, if the person needs physical help with dressing or
brushing their teeth; it also does not include hand-on reflexive responses to guide or
redirect a person from harm or injury (NDIS QSC, 2020).
•  environmental restraint:  restriction of a person’s free access to all parts of their
environment, including items or activities (Australian Government, 2018a).
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New South Wales
Entity Responsible: NSW Government, Family and Children Services (Central
Restrictive Practices Team (CRPT), 2019)

Authorisation process (CRPT, 2019a; CRPT 2019b)
1.  Behaviour support plan is developed,
2.  Informed consent is obtained by the participant or their guardian,
3.  Authorisation is approved by a Restrictive Practices Authorisation (RPA) Panel
managed through internal policy and procedures of the registered NDIS provider.

An RPA Panel must include a minimum of three roles:
1.  A senior manager familiar with the operational considerations around the use of a
restrictive practice in the intended service setting, who chairs the RPA Panel,
2.  A specialist with expertise in Behaviour Support, can be provided by FACS or
sourced by other means,
3.  And a person who is independent of the service provider.

Where behaviour support expertise comes from a person external to the provider who is also
not connected to the person with disability, they may serve both behaviour support and
independent roles on the panel. In this scenario, the panel is made up of two people:
1.  A senior manager familiar with the operational considerations around the use of a
restrictive practice in the intended service setting, who chairs the RPA panel,
2.  A specialist with expertise in behaviour support, can be provided by FACS or sourced
by other means, and who is independent of the service provider.

The Behaviour Support Practitioner, delivering behaviour support, must participate in the
RPA meeting to answer questions from the panel.

Interim Authorisations (CRPT, 2019a)
When there is a clear and immediate risk a restrictive practice may need to be used in the
absence of a Behaviour Support Plan (BSP). In these circumstances an Interim BSP must
be developed within one month of the use of regulated restrictive practice. Interim
authorisation can be provided by a senior manager of the NDIS provider who specifies the
length of time for which the interim authorisation applies, not exceeding five months.

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Management of non-intentional risks (CRPT, 2019a)
Strategies to manage ‘non-intentional risk behaviours’ do not require authorisation. An
appropriate allied health assessment must be used to identify whether behaviours are
intentional or non-intentional. If the assessment determines that the behaviour is non-
intentional, the response to this behaviour does not require authorisation under the RPA
Policy. However, providers should be guided by the NDIS Commission as to whether the
circumstance requires a BSP and should comply with reporting and other requirements in
line with the NDIS (Restrictive Practices and Behaviour Support) Rules 2018.

These include:
•  Behaviours that create physical risk related to mobility, transitioning or accidental
movement
•  Resistance to support for activities of daily living – behaviours that demonstrate
discomfort associated with daily activities (i.e. shaving or brushing teeth)
Unsafe actions that unintentionally place the person at risk (i.e. no knife safety, reaching for
a hot kettle, wandering out the front door without awareness of road safety) (CRPT, 2019a)

Lawful Orders
In New South Wales lawful orders, such as an extended supervision order, can direct legally
binding restrictions on a person. Lawful orders are considered an authorised restrictive
practice (CRPT, 2019a). The practice should stil  be referred to an RPA panel within 6
months for the purpose of evaluating how the order requirements are integrated into the BSP
and its implementation (CRPT, 2019b). The RPA should be provided with a BSP developed
after functional behaviour analysis by a registered behaviour support practitioner (CRPT,
2019a). The BSP must include details and limits of the restrictions allowed under the lawful
order. Restrictive practices used beyond those permit ed by the order must be authorised in
the usual manner (CRPT, 2019b). Lawful orders can be placed for up to 5 years, and the
Supreme Court can extend the order (CRPT, 2019a).

Environmental
Consent:
Restraint
Under 18: Parent/Guardian OR the person with parental responsibility
(e.g. the Minister for Family and Community Services) (CRPT, 2019a).
Over 16: Consent from the person if they have capacity OR a guardian
OR a person responsible (if previously agreed), OR as directed by an RPA
Panel in limited circumstances (CRPT, 2019a).

Others impacted by environmental restraint, for example, using a
physical barrier like a locked door. A practice authorised as an
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environmental restraint for a person using behaviours of concern is not,
however, automatically authorised for use with any other person. In these
cases, an RPA Panel must determine whether it is appropriate to
authorise the use of the restrictive practice for all members of the
household (NSW Family and Community Services (NSW FCS, 2020a).
Mechanical
Consent:
Restraint
Under 18: Parent/Guardian OR the person with parental responsibility
(e.g. the Minister for Family and Community Services) (CRPT, 2019a)
Over 16: Consent from the person if they have capacity OR a guardian
with a restrictive practices function, including a person appointed by the
Guardianship Division of the NSW Civil and Administrative Tribunal
(CRPT, 2019a).

Applying a mechanical restraint may also require physically restraining the
person temporarily (NSW FCS, 2020b).

Transportation- interventions to enable safe transportation are not
considered mechanical restraint, and do not need to be authorised. e.g.
buckle guard for a seat belt, ‘child lock’ on a door, adjustable vest to
prevent unsafe unintentional movement in the vehicle. However it may be
considered mechanical restraint if the primary purpose is to manage
behaviour.

Devices used for safe transportation, like seatbelt guards, or to prevent
injury, like bed rails, may stil  be prohibited if they are used for
inappropriate purposes, such as for punishment (NSW FCS, 2020b).
Chemical Restraint
Consent:
Under 18: Parent/Guardian OR the person with parental responsibility
(e.g. the Minister for Family and Community Services) (CRPT, 2019a)
Over 16: The person if they have capacity OR other people, such as an
advocate, solicitor, carer, or next of kin OR a person appointed by the
Guardianship Division of the NSW Civil and Administrative Tribunal
(CRPT, 2019a).

Using medication to manage behaviours of concern should not be the only
behaviour support strategy. BSP should include positive behaviour
management strategies (NSW FCS, 2020c).
Physical Restraint
Consent:
Under 18: Parent/Guardian OR the person with parental responsibility
(e.g. the Minister for Family and Community Services) (CRPT, 2019a)
Over 16: The person if they have capacity OR other people, such as a
guardian with a restrictive practices function, including a person appointed
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by the Guardianship Division of the NSW Civil and Administrative Tribunal
(CRPT, 2019a).

Section 158 of the Children and Young Persons (Care and Protection)
Act 1998 – physical restraint can only be used on a temporary basis and
only to the extent necessary to prevent injury to any person, or seize and
take from the child or young person: a weapon or object being used in
dangerous manner, alcohol, il egal substance or other thing necessary to
prevent injury to any person (NSW FCS, 2020d).

Section 45 of the Children and Young Persons (Care and Protection)
Regulation 2012- Evidence that the child or young person has received
support and/or counsel ing in relation to each instance must be included
with an application for authorisation to use physical restraint with a child or
young person (NSW FCS, 2020d).
Seclusion Restraint  Consent:
Under 18: Seclusion is prohibited for any person under the age of 18, e.g.
sending a child to their room and preventing them from leaving the room
(CRPT, 2019a).
Over 18: The person if they have capacity OR other people, such as a
guardian with a restrictive practices function, including a person appointed
by the Guardianship Division of the NSW Civil and Administrative Tribunal
(CRPT, 2019a).

Seclusion is prohibited where it results in denial of key needs, such as
access to bedding, water, climate controls or toilet facilities (NSW FCS,
2020e).

Further information
Restrictive Practice Resources Environmental Restraint Guidance
Restrictive Practice Resources Mechanical Restraint Guidance
Restrictive Practice Resources Chemical Restraint Guidance
Restrictive Practice Resources Physical Restraint Guidance
Restrictive Practice Resources Seclusion Guidance
Restrictive Practice Authorisation Policy
Restrictive Practices Authorisation Procedural Guide

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Victoria
Entity Responsible: State Government of Victoria, Victorian Senior Practitioner
(Department of Health and Human Services (DHHS), 2020a)
Authorisation process (DHHS, 2019a)
• Registered NDIS providers are to appoint an Authorised Program Of icer (APO) and
are to obtain approval from the Victorian Senior Practitioner for the appointment.
Registered NDIS providers must comply with this as a condition of registration before
using RRP on NDIS participants.
• If the APO considers the requirements in the Victorian Disability Act 2006 Section
132ZR(1) (State Government of Victoria, 2006) are met, the APO must first ensure
that an independent person is made available to the NDIS participant before
authorising the use of RRP.
• The independent person must not be: a disability service provider or representative
of a disability service provider, or have any interest in a disability service provider
which is providing, or has provided, disability services to the person with a disability.
• In addition to the APO authorising the use of the RRP the Victorian Senior
Practitioner must provide approval for the use of RRP on NDIS participants if the
practice is in the form of seclusion, physical restraint or mechanical restraint.
• After authorising the use of a RRP, the APO must provide the Victorian Senior
Practitioner with required information within two working days, including a copy of the
NDIS participant’s NDIS BSP, name and details of the independent person who
assisted the NDIS participant, any information relating to RRP that is not included in
the BSP and any other information required by the Victorian Senior Practitioner.
• After this information is provided to the Victorian Senior Practitioner, the Victorian
Senior Practitioner will provide written evidence of authorisation of RRP in the NDIS
BSP to the registered provider/behaviour support practitioner.
• The registered provider/behaviour support practitioner must lodge evidence of
authorisation to the NDIS Commission.
Use of regulated restrictive practice in an emergency (DHHS, 2019a)
• Use of regulated restrictive practice can be authorised by the person in charge of a
registered NDIS provider if there is an imminent risk of serious physical harm to self
or others and it is necessary to use a regulated restrictive practice to prevent that
risk.
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• The least restrictive option must be used
• The APO must be notified as soon as practicable.
•
If the regulated restrictive practice wil be used again, Part 6A and Part 6B of the
Disability Act 2006 must be complied with.
Lawful Orders (DHHS, 2019b)
For an NDIS participant that is subject to a supervised treatment order or interim supervised
treatment order, the Victorian Senior Practitioner may give writ en notice to the NDIS
commissioner if:
• VCAT makes an interim supervised order or supervised treatment order
• The Victorian Senior Practitioner approves a material change to a treatment plan
• The supervised treatment order is varied, revoked or expires
The Victorian Senior Practitioner must provide written notice to the NDIS commissioner if an
assessment order is made or revoked. An assessment order is made when it is necessary to
detain a person with an intellectual disability to prevent a significant and imminent risk of
harm to others, allowing a treatment plan to be developed for an application for a supervised
treatment order.
An NDIS participant can be subject to a supervised treatment order granted by VCAT and
can only be detained in accordance with the compulsory treatment provisions in Div 5 of Part
8 of the Disability Act 2006. For a supervised treatment order the NDIS participant must:
• have an intellectual disability
• be residing in an SDA enrolled dwelling under an SDA residency agreement
• have a treatment plan attaching an NDIS behaviour support plan approved by the
Victorian Senior Practitioner, and
• pose a significant risk of harm to others that cannot be reasonably reduced by less
restrictive means
A person with an intellectual disability can only be detained under the Disability Act 2006 if a
supervised treatment order has been made by VCAT under Part 8 of the Disability Act 2006.
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Environmental
Authorisation process as outlined above.
Restraint

Detain- a form of restrictive practice used on a person for the purpose of
reducing the risk of violence or the significant risk of serious harm the
person presents to another person and includes physically locking a
person in any premises and/or constantly supervising or escorting a
person to prevent the person from exercising freedom of movement. This
is considered an environmental restraint (DHHS, 2019a).
Mechanical
Authorisation process as outlined above.
Restraint

In addition to the APO authorising the use of the RRP the Victorian Senior
Practitioner must provide approval for the use of regulated restrictive
practices on NDIS participants if: the practice is in the form of mechanical
restraint (DHHS, 2019a).

Transportation: Devices used to allow safe transportation of people with
a disability are not considered mechanical restraint. If additional restraints
are used within a vehicle in response to behaviour and not for a medical
condition or physical disability (such as a lap belt on a wheelchair for
postural support), this is considered mechanical restraint (DHHS, 2020b).
Chemical Restraint
Authorisation process as outlined above.
Authorisation process as outlined above.

In addition to the APO authorising the use of the regulated restrictive
Physical Restraint
practice the Victorian Senior Practitioner must provide approval for the use
of regulated RRP on NDIS participants if the practice is in the form of
physical restraint (DHHS, 2019a).
Authorisation process as outlined above.

In addition to the APO authorising the use of the RRP the Victorian Senior
Practitioner must provide approval for the use of RRP on NDIS
Seclusion Restraint  participants if the practice is in the form of seclusion.
If seclusion is being used, appropriate bedding, clothing, food and drink is
supplied, and the NDIS participant has access to adequate heating,
cooling and toilet arrangements (DHHS, 2019a).

Detailed information
Authorisation process for the use of regulated restrictive practices
Victorian Disability Act 2006 Section 132ZR(1) V

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Northern Territory
Entity Responsible: Northern Territory Government, Northern Territory Senior
Practitioner (Northern Territory Government (NT Government), 2019)

The NDIS (authorisations) Act 2019 (NT Government, 2019) outlines the functions of the
Senior Practitioner who is responsible for the Restrictive Practices Authorisation Framework
(NT Government, 2021), and who will:
I.  Authorise the use of restrictive practices;
II.  Disallow inappropriate requests for restrictive practices;
III.  Produce and disseminate policies, standards and guidelines to promote best
practice, lead sector capacity building and improve awareness to minimise the use of
restrictive practices; and
IV.  Capture and record the authorisation of restrictive practices that are deemed to be
necessary.

Authorisation process (NT Government, 2021)
An NDIS provider may apply to the Senior Practitioner for an authorisation or interim
authorisation. An application for an authorisation or interim authorisation must be made in
the approved form and include:
•  particulars of the restrictive practice proposed to be applied to the participant
•  a copy of the BSP or interim BSP that specifies the proposed restrictive practice
•  information that shows the provider has engaged in consultation about the proposed
use of a restrictive practice with: (a) the participant; and (a) the participant's family,
carers, guardian or other relevant person
•  particulars of the NDIS provider who wil  apply the restrictive practice to the
participant
•  details of restrictive practice applied to the participant over the 12-month period
before the date of the application (authorised and unauthorised)
•  any other information the NDIS provider considers relevant to the application
•  any other information as prescribed by regulation

The Senior Practitioner must consider the application and decide whether to:
•  grant the authorisation or interim authorisation; or
•  refuse to grant the authorisation or interim authorisation – NDIS provider will be
notified of the reasons for the decision; or
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•  request further information or propose an alternative restrictive practice for the
authorisation or interim authorisation. Responses to a request for further information
is required within 28 days or the application wil  lapse.

Authorisations only apply to the jurisdiction they are made in. If a participant relocates to the
NT a new authorisation application wil  need to be made to the NT Restrictive Practices
Authorisation Unit (NT Government, 2021).

Period of authorisation (NT Government, 2021)
•  An authorisation is effective for 12 months from the date the authorisation is made,
unless otherwise specified by the Senior Practitioner in the authorisation.
•  An interim authorisation is effective for 6 months from the date the authorisation is
made, unless otherwise specified by the Senior Practitioner in the authorisation.

Unauthorised use of RRP (NT Government, 2021)
•  Unauthorised use of RRP relating to an NDIS participant is a reportable incident
•  Unauthorised restrictive practices must be reported to the NDIS Quality and
Safeguards Commission as a reportable incident until the BSP is activated in the
NDIS Commission portal

Change of circumstances (NT Government, 2021)
•  If there is a change in circumstances meaning the NT Restrictive Practices
Authorisation Unit is no longer required, the service provider must notify the
Restrictive Practice Authorisation Unit via email as soon as possible after the change
•  Change of circumstance includes: elimination of restrictive practice, interstate move,
exiting the NDIS or notification of deceased participant.

Lawful Orders (information received by email from NT behaviour support)
Reporting obligations for the NDIS Commission are via the reportable incident function prior
to a BSP lodgement as ‘unauthorised restrictive practice’. Once a practitioner has been
engaged and develops a BSP, lodges it on the BS portal the forensic order becomes the
authorisation and the plan includes reference to the order and how the provider can best
support or facilitate the conditions of the order.

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Environmental Restraint
Authorisation process as outlined above.
Mechanical Restraint
Authorisation process as outlined above.
Chemical Restraint
Authorisation process as outlined above.
Physical Restraint
Authorisation process as outlined above.
In the NT, authorisation wil not be granted for the use of supine
(face up position) or prone (face down) restraint (NT Government,
2021).
Seclusion Restraint
Authorisation process as outlined above.
Prohibited: In relation to a person under the age of 18 years.
NB. Seclusion includes isolation of a child or young person (under 18
years of age) in a setting from which they are unable to leave (NT
Government, 2021).
Detailed information
National Disability Insurance Scheme (Authorisation) Act 2019
Restrictive Practices Authorisation Framework. Guidelines for NDIS Service Providers.
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Queensland
Entity Responsible: Queensland Civil and Administrative Tribunal (QCAT) (QCAT,
2021)

The Disability Services Act 2006 (the Act) (Queensland Government, 2006) regulates the
use of restrictive practices in adults with an intellectual or cognitive disability by services
provided by Disability Services, or services prescribed by regulation and funded under a
NDIS participant plan by specifying certain conditions under which they may be considered
for use (Department of Communities, Disability Services and Seniors (DCDSS), 2019a).

Authorisation process (DCDSS, 2019a)
Regardless of how many service providers or number of restrictive practices, an adult should
only have one BSP developed. Authorisation must be sought by each relevant disability
service provider who intends to implement restrictive practice and for each type of restrictive
practice. Who authorises a restrictive practice depends on:
•  Whether the use of the restrictive practice is planned or unplanned
•  Type of restrictive practice (containment and seclusion,
chemical/mechanical/physical restraint or restricted access to objects)
•  Type of disability service the adult is receiving (respite and/or community access
only, or accommodation and community support alone, together, or in conjunction
with respite and/or community access)

A matrix outlining authorisation of restrictive practice requirements can be found in the
document ‘Authorising restrictive practices’ (DCDSS, 2019a).

Short Term Approval
A short term approval can be made for a maximum of six months where (DCDSS, 2020a):
•  There is an immediate and serious risk of harm to the adult or others; and
•  The restrictive practice is the least restrictive way of ensuring the safety of the adult
or others

There are two decision makers that can give a short term approval ( DCDSS, 2020a):
•  The Public Guardian; or
•  A delegate of the Chief Executive of the Department of Communities, Disability
Services and Seniors. These delegates are the Principal Clinician in each region. For
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containment and seclusion a short term approval can only be given by the Public
Guardian.
•  For all other types of restrictive practice a short term approval must be sought from a
Principal Clinician

After short term approval is provided, the service provider should seek full approval and
commence development of the positive BSP (DCDSS, 2020a).

Children
As of December 2020, there is no state based authorisation available for the use of
regulated restrictive practices for participants under 18 years old (NDIS QSC, 2021).

Children under protection
The Department of Child Safety, Youth and Women (Child Safety) promotes the use of
positive behaviour support to all children and young people in care (Department of Child
Safety, Youth Justice and Multicultural Af airs, (DCSYJMA), 2020a), in accordance with the
legislated standards of care outlined in, the Child Protection Act 1999 (the Act), sections 74
and 122 and the Charter of Rights for a child in care which is set out in Schedule 1 of the Act
(Queensland Government, 2020).

The Child Safety Policy: Managing high risk behaviour (DCSYJMA, 2020a), refers to:
•  children and young people subject to a care agreement, an assessment order, or an
order granting custody or guardianship to the chief executive under the Act, including
a temporary custody or transition order, and who are placed in a care arrangement
under section 82(1) of the Act, and
•  approved foster carers, kinship carers and staff employed by Child Safety and non-
government organisations to provide direct care to a child or young person placed
under the authority of section 82(1) of the Act

The policy acknowledges that restrictive practices can present risk and contribute to trauma
to the child and those using the restrictive practices (Queensland Government, 2021). The
Child Safety Policy: Managing high risk behaviour should be read in conjunction with the
Positive Behaviour Support (604) policy (DCSYJMA, 2020b).

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Principles for emergency use of restrictive practices (DCSYJMA, 2020a):
•  the child or young person is behaving in a way that poses immediate risk of harm to
themselves or others
•  the practice is reasonable in all the circumstances of the behaviour
•  there is no less restrictive measure available to respond to the behaviour
•  paramount consideration must be given to the best interests of the child

Where restrictive practice has been used to manage high risk behaviour, including physical
restraint, details of the incident must be reported by the carer or direct care staff member to
Child Safety within 24 hours of the incident (DCSYJMA, 2020a).

Lawful Orders (information received by email from Qld behaviour support)
Restrictive practices should be proportionate to the risk and least restrictive option available.
The restrictive practice needs to be outlined in a BSP, lodged with the NDIS commission,
authorised in accordance with state requirements and lodged with the NDIS commission,
and implementing providers need to complete monthly reporting to the NDIS Commission on
the use of restrictive practices

Table note: Where the adult in is receipt of a funded accommodation support package and
has additional respite/community access services, the general rule applies (DCDSS, 2019a).

Environmental Restraint
Referred to as Restricted access to objects.

Authorisation
General:
Guardian for restrictive practice (general) appointed by QCAT or if
no appointment, an informal decision maker (DCDSS, 2019b).

When only receiving respite or community access:
Guardian for restrictive practice (respite) appointed by QCAT or if no
appointment, an informal decision maker (DCDSS, 2019b).

The locking of gates, doors or windows where the only reason is to
prevent physical harm being caused to the adult with a skil s deficit,
is not considered a restrictive practice as defined under the Act
(DCDSS, 2019d).

The relevant service provider must confirm that the person for whom
the strategy of locking gates, doors and windows is being
considered:
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•
is an adult (18 years or older),
•
has an intellectual or cognitive disability as defined under
Section 144 the Act.
The relevant service provider must establish that the practice is not
containment, seclusion, or restricting access as defined under the
Act (DCDSS, 2019c; DCDSS, 2019d).
Mechanical Restraint
Authorisation
General:
Authorisation from the Guardian for restrictive practice (general)
appointed by QCAT- Queensland Civil and Administrative Tribunal
(DCDSS, 2019e).
When only receiving respite and/or community access:
Guardian for restrictive practice (respite) appointed by QCAT or if no
guardian appointed, an informal decision maker (DCDSS, 2019e).
Chemical Restraint
Authorisation
General:
Guardian for restrictive practice (general) appointed by QCAT
When only receiving respite and/or community access:
For PRN medication-
Guardian for restrictive practice (respite) appointed by QCAT
If no PRN medication-
Fixed does for adult in respite-
Informal decision maker or guardian for restrictive practices (respite)
appointed by QCAT (QCAT, 2021; DCDSS, 2020b)
Fixed doses for adults when on community access-
Guardian for restrictive practice (respite) appointed by QCAT
(QCAT, 2021)
*In al  cases where chemical restraint is used or proposed, the
adult’s treating doctor must be involved at all stages of the decision-
making process (DCDSS, 2020b).
Note: The use of medication such as a sedative, prescribed by a
medical practitioner to facilitate or enable the adult to receive a
single instance of health care is not considered chemical restraint
under the Guardianship and Administration Act 2000. For example,
providing a sedative to an adult before attending a dentist
appointment (DCDSS, 2020b).
Physical Restraint
Authorisation
General:
Guardian for restrictive practice (general) appointed by QCAT
(DCDSS, 2020c).
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When only receiving respite and/or community access:
Guardian for restrictive practice (respite) appointed by QCAT or if no
guardian appointed, an informal decision maker (QCAT, 2021,
DCDSS, 2020c).

Practices used to assist the adult with daily living or therapeutic
activities, or to keep the adult safe where the adult has a skil s deficit
and as a consequence is unable to perform a task safely are not
intended to be restrictive practices (DCDSS, 2020c).
Seclusion Restraint
Authorisation
General:
Authorisation from QCAT (QCAT, 2021)

When only receiving respite and/or community access:
Guardian for restrictive practice (respite) appointed by QCAT
(QCAT, 2021).

Providers must work with Department of Communities, Disability
Services and Seniors (DCDSS) in the assessment for, and
development of, all positive BSP which include containment and
seclusion (DCDSS, 2019a)

NOTE: For al  participants over the age of 18 that have containment
and seclusion as a restrictive practice must have their plan
developed jointly with the DCDSS (DCDSS, 2019a).

Detailed information
Authorising Restrictive Practices
Restricting Access
Mechanical Restraint
Chemical restraint
Physical restraint
Containment and seclusion
Queensland Civil and Administrative Tribunal (QCAT): Guardian for restrictive practices
Locking of gates, doors, and windows
Child Safety Policy, Managing High Risk Behaviour (Policy No 646-2)
Child Safety Policy, Positive Behaviour Support (Policy No 604-5)

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Tasmania
Entity Responsible: Department of Communities, Office of The Senior
Practitioner (DCT, 2020a)

Restrictive Interventions
The Tasmanian Disability Services Act 2011 (section 34) (Tasmanian Government, 2021)
describes two categories of restrictive intervention:
•  Environmental restriction, in relation to a person with disability, means a restrictive
intervention in relation to the person that consists of the modification of an object, or the
environment of the person, so as to enable the behavioural control of the person, but
does not include personal restriction (DCT, 2020b).
•  Personal restriction, in relation to a person with disability, means a restrictive intervention
in relation to the person that consists wholly or partially of (DCT, 2020c):
(a)   Physical contact with the person to enable the behavioural control of the person or
(b)   Taking an action that restricts the liberty of movement of the person

Approval process (DCT, 2021a)
•  Restrictive interventions must be part of a positive BSP that promotes positive
outcomes for the adult and supports the reduction or elimination of restrictive
practices
•  An environmental restriction can be approved by the Secretary of the Department of
Communities Tasmania for up to 90 days (section 38), or by the Guardianship &
Administration Board for up to 2 years after a hearing (section 42)
•  A personal restriction can be approved by the Guardianship & Administration Board
for up to 90 days without a hearing or for up to 2 years after a hearing (section 42)

Unauthorised restrictive practice is prohibited unless (DCT, 2021a):
•  The action is used to prevent serious harm to a person with disability or others
•  The action is the least restrictive option
•  The Senior Practitioner is notified as soon as possible using the form “Reporting
Unauthorised Restriction”

Prohibited restrictive practices (DCT, 2021a).
•  Prone or supine restraint
•  Pin downs
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•  ‘Basket’ holds and ‘take downs’
•  Punitive approaches such as aversive practice, denial of key needs, over correction

Lawful Orders
Restrictive practices authorised under other enactments relating to mental health services or
guardianship do not require approval through the Disability Services Act 2011 (DCT, 2019a)
Examples of this include (but are not limited to) (DCT, 2019a):
(a) Restriction and Supervision Orders under the Criminal Justice (Mental
Impairment) Act 1999. These orders might require meeting specific conditions
such as confinement in a secure mental health unit, or taking of a particular
medication.
(b) Involuntary admission to an approved facility for treatment (e.g. Treatment Orders
Mental Health Act 2013.)
(c)  Treatment approved by 'person responsible', appointed guardian or the
Guardianship and Administration Board (Guardianship and Administration Act
1995). For example – medication to control behaviour (Guardianship and
Administration Regulations 2017; Section 12)

Environmental Restraint
Approval for the use of an environmental restriction is obtained
from the Secretary of the Department of Communities Tasmania,
following a recommendation from the Senior Practitioner. The
approval period is 90 days and may be subject to a number of
conditions (DCT, 2021b).

Surveil ance and monitoring can include the process of capturing
audio, visual or positional information about a person using
electronic methods:
• Audio monitors record and monitor speech, e.g. baby monitors,
intercoms;
• Visual monitors record and monitor visual images, e.g. closed
circuit cameras, stil  image cameras, portable video devices;
• Positional monitors record the whereabouts of a person with global
positioning system (GPS) devices which are the most commonly
available method of monitoring a person’s location;
• Surveil ance and monitoring can also include ‘line of sight’
supervision in ‘real time’ by support workers to prevent a person with
disability from pursing a certain course of action (DCT, 2021b).
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Mechanical Restraint
Restrictive interventions that are for the sole purpose of enabling
transport do not require approval i.e. seat belt buckle guard,
universal harness and adjustable vest (DCT, 2019a).

However, if a restraint is used for convenience of staff the practice is
considered a form of abuse (DCT, 2019b).
The use of the below restrictive practices for behaviour purposes
need to be reported to the Office of the Senior Practitioner (DCT,
2019d):
•  Buckle guard (if the client regularly undoes his/her belt).
•  Harness (if the client tries to interfere with the driver or other
passengers).
•  Dedicated harness that requires modification to the vehicle.
Chemical Restraint
Under the Disability Services Act, the use of chemical restraint does
not need to be authorised. However under regulation 12(a) of the
Guardianship and Administration Regulations 2017, there is a legal
requirement for the ‘person responsible’ to consent to the
‘administration of a restricted substance primarily to control the
conduct of a person to whom it is given’ (Tasmanian Civil and
Administrative Tribunal, 2021).
Physical Restraint
Approval to use personal restriction needs to be granted by the
Guardianship and Administration Board, following a recommendation
from the Senior Practitioner. The approval period can be either 90
days, 6 months or up to 2 years and may be subject to a number of
conditions (DCT, 2020c).

The use of a bed rail to restrict a person’s voluntary movement is a
form of physical restraint and the use of a bed rail for this purpose
would need approval from the Guardianship and Administration
Board (GAB) via an application to the Senior Practitioner (DCT,
2019c).

The use of a bed rail may not be deemed a personal restriction if:
• The person has decision making capacity and has requested bed
rails
• The person has involuntary movements during the night (e.g.
seizures or ‘restless’ sleep)
• The person does not have the skil s to get out of bed without
support (DCT, 2019c)

If a bed rail is being considered it is essential to consult with an OT
and the Senior Practitioner (DCT, 2019c). If a bed rail is approved for
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use then staff must increase their monitoring of the person at risk
(DCT, 2019c).
Seclusion Restraint
Seclusion is a form of personal restriction. It can only be used if it is
to prevent harm, used in the least restrictive way possible, as a last
resort and authorised (DCT, 2019b).

The use of seclusion should be reported to the Tasmanian Senior
Practitioner to obtain authorisation for its use under provisions of the
Disability Services Act (Use of a Personal Restriction) (DCT, 2019b).

Where an adult with disability has a guardian appointed by the
Guardianship and Administration Board (GAB), the guardian can
consent to the use of seclusion if it meets the conditions above
(DCT, 2019b).

A parent's request for the use of sole confinement does not stop the
action from being seclusion. Family members may advise a service
provider that they want the person with the disability to be secluded
however the service provider wil  stil  need to seek authorisation from
the Tasmanian Senior Practitioner and report to the Commission
(DCT, 2019b).

If ‘sole confinement’, a ‘time out’, ‘time away’ or similar practices are
used that don’t meet the conditions above they wil  most likely be
considered a form of abuse and not as RRP (DCT, 2019b).

Detailed information
Disability Services Act 2011
Restrictive Interventions in Service for People with Disability Procedure
Surveil ance and monitoring of people with a Disability
Environmental restrictions
Personal restrictions
Locking of Fridges and Pantries
Use of Bed Rails
Seclusion
Restrictive Interventions not Requiring Authorisations

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South Australia
Entity Responsible: South Australian Civil and Administrative Tribunal (SACAT)
(Department for Communities and Social Inclusion (DCSI), 2015)

Authorisation– Adults
•  If a person can provide their own consent for the use of restrictive practices
(including sedative medication) then there is no need for substituted consent
(SACAT, 2020).
•  SACAT can appoint a substitute decision-maker under the Advance Care Directives
Act 2013 (Government of South Australia, 2013); substitute decision makers have
the roles, functions and responsibilities set out in Section 23 of that Act and can give
consent to certain types of health care (SACAT, 2020). Chemical, environmental and
mechanical restraints implemented without force can be consented to by a substitute
decision-maker (SACAT, 2020).
o  Where there is no substitute decision-maker, consent can be provided by a
‘person responsible’. If substituted consent is needed to the administration of
medication for any purpose (including chemical restraint) or to any other type
of health care (including environmental and mechanical restraint) a medical
practitioner or health practitioner may seek the consent of a substitute
decision maker under an advance care directive OR a ‘person responsible’
under the Consent to Medical Treatment and Palliative Care Act 1995
(SACAT, 2020).
o  A ‘person responsible’ is defined by the Consent to Medical Treatment and
Palliative Care Act 1995 as a person who has the legal authority to provide or
refuse consent for a person with impaired decision-making capacity. The legal
order is as follows: a guardian with health-care decision making power,
relative with close and continuing relationship, adult friend with close and
continuing relationship, finally SACAT (SACAT, 2020).
o  A Guardian appointed by SACAT can make decisions on health care and
certain restrictive practices to control behaviours (health care function)
(SACAT, 2020).
•  Some types of restrictive practices require SACAT specific authorisation under
section 32 of the Act (called special power orders) (DCSI, 2015; SACAT, 2020):
o  Direct the person where to reside (directed residence/enforceable restraint)
o  Authorise detention in the place they wil  reside
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o  Authorise people responsible for daily care to use such force as may be
reasonably necessary for the purpose of medical and dental treatment, day to
day care and general wel -being.
•  An application for these restrictive practices must be made by the guardian or
substitute decision maker and be authorised by SACAT under Section 32 of the
Guardianship and Administration Act 1993 (DCSI, 2015). SACAT wil  only make the
orders if they are satisfied the health and safety of the person, or safety of others,
would be at risk if the order was not granted. The restrictive practice can only be to
the extent authorised by SACAT (DCSI, 2015).

Authorisation – Children
•  Consent required from parents/legal guardian (DCSI, 2015).

Informal Arrangements (Public Advocacy) (Of ice of the Public Advocate, 2018)
•  SACAT can grant special powers that authorise detention and the use of
force/restrictive practices, under section 32 of the Guardianship and Administration
Act 1993
•  If a restrictive practice is approved (e.g. locked fridge) by a guardian under a lifestyle
decision, it requires a PBSP
•  Public Advocate delegated guardians should only approve restrictive practices when
a positive BSP exists

Lawful Orders
•  SACAT is responsible for Detention and Treatment Orders and Community
Treatment Orders (Legal Services Commission, 2022)
•  The Safeguarding People with Disability Restrictive Practices Policy currently does
not cover community treatment orders made under the Mental Health Act 2009
(DCSI, 2015).

Environmental Restraint
A substitute decision maker or personal responsible can consent to
environment restraints that do not use force, such as restricting a
person’s access to parts of their environment, items and activities.

Special powers order under s32 (1) (a) – directed
residence/enforceable environmental restraint – SACAT can make
an order to direct that a person reside in a specified place, or in such
place as the guardian or substitute decision maker from time to time
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thinks fit.  A directed residence order wil  authorise the subject
person’s residence in the specified place and wil  enable the
guardian or substitute decision-maker to ensure the person can be
brought back if they leave that place (with police assistance if
necessary) (SACAT, 2020).
Mechanical Restraint
A substitute decision maker or personal responsible can consent to
the use of a device to prevent, restrict or subdue movement for the
purpose of influencing behaviour where no force is used.

Special powers order under s32 (1) (c) - physical restraint/use of
force in care or treatment - SACAT can make an order to authorise
persons involved in the care of a person to use such force as may be
reasonably necessary for the purpose of ensuring the proper medical
or dental treatment or day to day care and wel being of the person.
This order wil  authorise care providers to use physical force/restraint
as necessary to prevent or restrict a person’s movements when
administering medical treatment or health care including in the use of
any type of chemical, environmental or mechanical restraint
(SACAT, 2020).
Chemical Restraint
A substitute decision maker or personal responsible can consent to
the use of chemical restraint where no force is used. a device to
prevent, restrict or subdue movement for the purpose of influencing
behaviour where no force is used and the person is not resisting the
chemical restraint.

Special powers order under s 32(1) (c) - physical restraint/use of
force in care or treatment - SACAT can make an order to authorise
persons involved in the care of a person to use such force as may be
reasonably necessary for the purpose of ensuring the proper medical
or dental treatment or day to day care and wel being of the person.
This order wil  authorise care providers to use physical force/restraint
as necessary to prevent or restrict a person’s movements when
administering medical treatment or health care including in the use of
any type of chemical, environmental or mechanical restraint
(SACAT, 2020).
Physical Restraint
Special powers order under s 32(1) (c) - physical restraint/use of
force in care or treatment - SACAT can make an order to authorise
persons involved in the care of a person to use such force as may be
reasonably necessary for the purpose of ensuring the proper medical
or dental treatment or day to day care and wel being of the person.
This order wil  authorise care providers to use physical force/restraint
as necessary to prevent or restrict a person’s movements when
administering medical treatment or health care including in the use of
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any type of chemical, environmental or mechanical restraint
(SACAT, 2020).
Seclusion Restraint
Special powers order under s32 (1) (b) – detention or seclusion
of the person in the place in which he or she is directed to
reside under s 32 (1) (a) – SACAT can make an order to authorise
detention, namely, that direct or indirect restrictions are placed on
the person’s liberty or freedom of movement so that they may not
freely come and go from a place, or any part of the place. The order
wil  authorise restraints on the person leaving and wil  enable the
person to be brought back if they leave or are removed from that
place (with police assistance if necessary) (SACAT, 2020).

Detailed information
Restrictive Practices and Special Powers
Safeguarding People with Disability Restrictive Practices Policy
SA Office of the Public Advocate: Restrictive Practices

Western Australia
Entity Responsible: The Department of Communities (DoC, 2020a)

Authorisation process (DoC, 2020b)
•  Authorisation must be obtained by an Implementing Provider for each RRP that is
proposed to be implemented for a person with disability.
•  From 1 May 2021, authorisation requires restrictive practices to be included in a BSP
and introduces a mandatory Quality Assurance Panel which allows for independent
review of the BSP and the proposed restrictive practices.
•  The Authorisation Panel must include at least two members with a decision-making
role:
1.  A senior manager (or their delegate) with the Implementing Provider with
operational knowledge and relevant experience in behaviour support,
2.  An NDIS Behaviour Support Practitioner who is not the BSP author and not
employed by the Implementing Provider.
Additional members may be included in the panel.
NOTE: The Panel’s recommendation to use a regulated restrictive practice must
be supported by all panel members, specify the length of time for which the
authorisation applies, which must not exceed 12 months, detail conditions they
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decide to impose as part of the approval of the restrictive practice, and be
recorded in the Quality Assurance Outcome Summary Report (Appendix 3 of the
guidelines)
•  BSPs developed by Behaviour Support Practitioners that include a restrictive
practice, should involve consultation with the person with disability and if appropriate,
their guardian, family and carers.
•  The NDIS Behaviour Support Practitioner wil  consult with the person with disability to
identify their needs and preferences in a calm and supportive environment
•  The BSP must include strategies that are evidence-based and person centred and
take account of the functions of the behaviour being considered, as well as any
unmet needs that may be contributing to the behaviour
•  It is recognised that some forms of restrictive practice pose an unacceptable risk of
harm to people. These are termed ‘prohibited practices’ within the Authorisation of
Restrictive Practices in Funded Disability Services Policy (DoC, 2020c) and must
never be used. These include the following physical restraints, which can lead to
harm or death:
o  the use of prone or supine restraint
o  pin downs
o  basket holds
o  takedown techniques
o  any physical restraint that has the purpose or effect of restraining or inhibiting
a person’s respiratory or digestive functioning
o  any physical restraint that has the effect of pushing the person’s head forward
onto their chest
o  any physical restraint that has the purpose or effect of compelling a person’s
compliance through the infliction of pain, hyperextension of joints, or by
applying pressure to the chest or joints.
The following punitive approaches are also prohibited:
•  aversive practices
•  overcorrection
•  denial of key needs
•  practices related to degradation or vilification
•  practices that limit or deny access to culture
•  response cost punishment strategies.

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Lawful Orders (DoC, 2020c)
•  where a practice that would otherwise be a regulated restrictive practice is in place
due to a court order, authorisation is not required under the ‘Authorisation of
Restrictive Practices in Funded Disability Services’ Policy
•  Implementing providers may request advice from the NDIS Commission or
appropriate department regarding whether the circumstances require a behaviour
support plan and compliance with NDIS (Restrictive Practices and Behaviour
Support) Rules 2018

Environmental Restraint
Authorisation process as outlined above (DoC, 2020b)

Surveil ance is the tracking of a person’s behaviour or movement by
audio, visual or location data (DoC, 2020c). It also includes
accompanying a person or keeping them in line of sight at al  times
(DoC, 2020c).
Mechanical Restraint
Authorisation process as outlined above (DoC, 2020b)
Chemical Restraint
Authorisation process as outlined above (DoC, 2020b)
The BSP must record the prescribing doctor’s contact details,
medication brand and chemical name, dosage and frequency,
conditions and limitations of use, route, side effects, circumstances
when the restraint is to be used, anticipated positive and negative
effects of the medication, and why the medication is considered the
least restrictive method of ensuring safety of the person and others.
(DoC, 2020e)
Physical Restraint
Authorisation process as outlined above (DoC, 2020b)
Seclusion Restraint
Authorisation process as outlined above (DoC, 2020b)

Detailed information
Procedural Guidelines for Authorisation of Restrictive Practices in Funded Disability Services Stage
Two
Authorisation of Restrictive Practices in Funded Disability Services Policy
Authorisation of restrictive practices
Chemical restraint
Surveil ance

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Australian Capital Territory
Entity Responsible: ACT Government, Community Services, Office of the Senior
Practitioner (Community Services, 2021)

Authorisation process
A restrictive practice by a service provider is only permissible if used in a way that is
consistent with a positive BSP for the person. The positive BSP must be approved by a
registered positive behaviour support panel and registered by the Senior Practitioner
(Community Services, 2018). The process is as follows:
•  The provider must submit a positive BSP to a positive behaviour support panel for
approval. Submission must occur one month prior to the Central Panel meeting, and
the application must include the completed positive BSP approval panel template,
copy of positive BSP and supporting documentation for the restrictive practice (e.g.
reports from medical team, risk assessment) (Of ice of the Senior Practitioner (OSP),
2020b)
•  The Central Panel will  give the applicant/service provider written reasons for its
decision to approve or not approve a positive BSP within one week of meeting (OSP,
2020b)
•  If approved, the Central Panel wil  forward the positive BSP to the Senior Practitioner
for registration within 28 days (OSP, 2020b). The Senior Practitioner may request
further information from the Central Panel or applicant. When satisfied, the Senior
Practitioner wil  send the provider, public advocate (if the person is under 18) and
plan author: a copy of the approved plan and plan registration number (OSP, 2020b).
•  The use of any restrictive practice within an approved plan is only authorised once
registration has been confirmed by the Senior Practitioner (OSP, 2020b)
•  Providers are required to monitor and record use of restrictive practices and forward
reports to the Senior Practitioner (Community Services, 2018). For routine and ‘as
needed’ restrictive practices identified within a positive BSP the report should be
forwarded by the 5th day after the end of the month.
•  The approved positive BSP must be reviewed monthly by the provider to determine
whether restrictive practice is stil  required (Community Services, 2018).

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Use of regulate restrictive practice in an emergency:
•  Under Section 10 of the Senior Practitioner Act, a restrictive practice must not be
used outside of a registered PBS Plan unless (Community Services, 2021; OSP,
2020a):
o  Provider or relevant person for the provider believes on reasonable
grounds that it is necessary to use the restrictive practice to avoid
imminent harm to the person or others
o  Restrictive practice is the least restrictive of the person as is possible in
the circumstances having regard to the kinds of restrictive practice that
may be used, how it is applied, and how long it is applied for
o  If practicable – the use of the restrictive practice is authorised by the
person in charge of the provider.
•  Emergency restrictive practices not identified within a positive BSP must be reported
to the Senior Practitioner within 24 hours of the event (Community Services, 2018)

Lawful Orders (ACT Government, 2021)
Under the Senior Practitioner Act 2018, a person acting under the Corrections Management
Act 2007, Children and Young People Act 2008 (Chapters 4 to 9), Mental Health Act 2015
and Mental Health (Secure Facilities) Act 2016 are exempt from provider obligations with
respect to restrictive practices.

Environmental Restraint
Authorisation process as outlined above
Mechanical Restraint
Authorisation process as outlined above
Chemical Restraint
Authorisation process as outlined above
Physical Restraint
Authorisation process as outlined above
Seclusion Restraint
Authorisation process as outlined above

Detailed information
ACT Senior Practitioner for the elimination and reduction of restrictive practices
Senior Practitioner Act 2018
Positive Behaviour Support Plans Factsheet
Positive Behaviour Support Plan Guideline
Positive Behaviour Support Panel Guideline

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References
Australian Capital Territory Government. (2021). Senior Practitioner Act 2018. Available from
https:/ www.legislation.act.gov.au/a/2018-27
Australian Government. (2013). National Disability Insurance Scheme Act 2013. Available
from https:/ www.legislation.gov.au/Details/C2021C00540
Australian Government. (2018a). National Disability Insurance Scheme (Restrictive Practices
and Behaviour Support) Rules 2018. Available from
https:/ www.legislation.gov.au/Details/F2020C01087
Australian Government. (2018b). National Disability Insurance Scheme (Provider
Registration and Practice Standards) Rules 2018. Available from
https:/ www.legislation.gov.au/Details/F2018L00631
Central Restrictive Practices Team. (2019a). NSW Restrictive practices authorisation policy.
New South Wales Government. Available from
https:/ www.facs.nsw.gov.au/download?file=592755
Central Restrictive Practices Team. (2019b). NSW Restrictive practices authorisation
procedural guide. New South Wales Government. Available
https:/ www.facs.nsw.gov.au/__data/assets/pdf_file/0003/593319/Restrictive-
Practices-Authorisation-Procedural-Guide.pdf
Community Services. (2018). Positive behaviour support plans [fact sheet]. Australian
Captial Territory Government. Available from
https:/ www.communityservices.act.gov.au/quality-complaints-and-regulation/office-
of-the-senior-practitioner/positive-behaviour-support-plans-factsheet
Community Services. (2021). ACT Senior Practitioner [fact sheet]. Australian Captial
Territory Government. Available from
https:/ www.communityservices.act.gov.au/quality-complaints-and-regulation/office-
of-the-senior-practitioner/act-senior-practitioner-fact-sheet
Deparment of Children, Youth Justice and Multicultural Af airs. (2020). Child safety policy:
managing high risk behaviour [Policy 646-2]. Queensland Government. Retreived
from https:/ www.cyjma.qld.gov.au/resources/dcsyw/foster-kinship-care/managing-
high-risk-behaviour-646.pdf
Deparment of Children, Youth Justice and Multicultural Af airs. (2020b). Child safety policy:
positive behaviour support [Policy 604-5]. Queensland Government. Retreived from
https:/ www.cyjma.qld.gov.au/resources/dcsyw/foster-kinship-care/managing-high-
risk-behaviour-646.pdf
Department of Communities, Disability Services and Seniors. (2019a). Authorising restrictive
practices. Queensland Government. Available from
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FOI 24/25-1488- DISCLOSURE LOG
https:/ www.dsdsatsip.qld.gov.au/resources/dsdsatsip/disability/service-
providers/centre-excellence/authorising-restrictive-practices.pdf
Department of Communities, Disability Services and Seniors. (2019c). Containment and
seclusion. Queensland Government. Available from
https:/ www.dsdsatsip.qld.gov.au/resources/dsdsatsip/disability/service-
providers/centre-excellence/containment-and-seclusion.pdf
Department of Communities, Disability Services and Seniors. (2019d). Locking gates, doors
or windows. Queensland Government. Available from
https:/ www.dsdsatsip.qld.gov.au/resources/dsdsatsip/disability/service-
providers/centre-excellence/locking-gates-doors-or-windows.pdf
Department of Communities, Disability Services and Seniors. (2019e). Mechanical restraint.
Queensland Government. Available from
https:/ www.dsdsatsip.qld.gov.au/resources/dsdsatsip/disability/service-
providers/centre-excellence/mechanical-restraint.pdf
Department of Communities, Disability Services and Seniors. (2019b). Restricting access.
Queensland Government. Available from
https:/ www.dsdsatsip.qld.gov.au/resources/dsdsatsip/disability/service-
providers/centre-excellence/restricting-access.pdf
Department of Communities, Disability Services and Seniors. (2020b). Chemical restraint.
Queensland Government. Available from
https:/ www.dsdsatsip.qld.gov.au/resources/dsdsatsip/disability/service-
providers/centre-excellence/chemical-restraint.pdf
Department of Communities, Disability Services and Seniors. (2020c). Physical restraint.
Queensland Government. Available from
https:/ www.dsdsatsip.qld.gov.au/resources/dsdsatsip/disability/service-
providers/centre-excellence/physical-restraint.pdf
Department of Communities, Disability Services and Seniors. (2020a). Short term approval:
a guide for service providers. Queensland Government. Available from
https:/ www.dsdsatsip.qld.gov.au/resources/dsdsatsip/disability/service-
providers/centre-excellence/short-term-approval-guide-for-service-
providers.pdf?msclkid=f76d1404aa3f11ecadb5cf1f63d30fc8
Department of Communities Tasmania. (2019a). Office of the Senior Practitioner – restrictive
interventions not requiring authorisation. Tasmanian Government. Available from
https:/ www.communities.tas.gov.au/__data/assets/pdf_file/0018/101745/20190823-
OSP-Admin-Factsheet-RIs-not-requiring-authorisation.pdf
Department of Communities Tasmania. (2019b). Office of the Senior Practitioner –
seclusion. Tasmanian Government. Available from
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https:/ www.communities.tas.gov.au/__data/assets/pdf_file/0032/64769/20200716-
OSP-Admin-Factsheet-Seclusion.pdf
Department of Communities Tasmania. (2019c). Office of the Senior Practitioner – use of
bed rails. Tasmanian Government. Available from
https:/ www.communities.tas.gov.au/__data/assets/pdf_file/0017/101717/20190823-
OSP-Admin-Factsheet-Use-of-Bed-Rails.pdf
Department of Communities Tasmania. (2020a). Office of the Senior Practitioner.
Tasmanian Government. Available from
https://www.communities.tas.gov.au/disability/office-of-the-senior-practitioner
Department of Communities Tasmania. (2020b). Office of the Senior Practitioner –
environmental restrictions. Tasmanian Government. Available from
https:/ www.communities.tas.gov.au/__data/assets/pdf_file/0009/101430/20200716-
OSP-Admin-Factsheet-Environmental-Restrictions.pdf
Department of Communities Tasmania. (2020c). Office of the Senior Practitioner – personal
restrictions. Tasmanian Government. Available from
https:/ www.communities.tas.gov.au/__data/assets/pdf_file/0011/101441/20200716-
OSP-Admin-Factsheet-Personal-Restrictions.pdf
Department of Communities Tasmania. (2020d). Office of the Senior Practitioner – safe
transportation of people with behaviours of concern. Tasmanian Government.
Available from
https:/ www.communities.tas.gov.au/__data/assets/pdf_file/0015/101427/20200716-
OSP-Admin-Factsheet-Safe-transportation-of-people-with-
BoC.pdf?msclkid=d7b68fcbaaf411ec8415012b265404cb
Department of Communities Tasmania. (2020e). Office of the Senior Practitioner – locking of
fridges and pantries. Tasmanian Government. Available from
https:/ www.communities.tas.gov.au/__data/assets/pdf_file/0010/101431/20200716-
OSP-Admin-Factsheet-locking-of-Fridges-and-pantries.pdf
Department of Communities Tasmania. (2021b). Office of the Senior Practitioner –
surveil ance and monitoring of people with a disability. Tasmanian Government.
Available from
https:/ www.communities.tas.gov.au/__data/assets/pdf_file/0016/101428/OSP-
Factsheet-Surveil ance-and-monitoring-of-people-with-a-disability-December-
2021.pdf
Department of Communities Tasmania. (2021a). Restrictive interventions in service for
people with disability procedure. Tasmanian Government. Available from
https:/ www.communities.tas.gov.au/disability-community-
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services/publications/policies,_procedures_and_guidelines/restrictive-interventions-
in-service-for-people-with-disability-procedure
Department of Communities. (2020a). Authorisation of restrictive practices. Government of
Western Australia. Available from https://www.wa.gov.au/organisation/department-of-
communities/authorisation-of-restrictive-practices
Department of Communities. (2020c). Authorisation of restrictive practices in funded
disability services policy. Government of Western Australia. Available from
https:/ www.wa.gov.au/system/files/2021-07/Authorisation-of-restrictive-practices-in-
funded-Disability-Services-Policy.pdf
Department of Communities. (2020e). Chemical restraint. Government of Western Australia.
Available from https:/ www.wa.gov.au/system/files/2021-07/Chemical-restraint.docx
Department of Communities. (2020b). Procedural guidelines for authorisation of restrictive
practices in funded disability services stage two. Government of Western Australia.
Available from https:/ www.wa.gov.au/system/files/2021-07/Procedure-guidelines-for-
authorisation-of-restrictive-practices-Stage-two.docx
Department of Communities. (2020d). Surveil ance. Government of Western Australia.
Available from https:/ www.wa.gov.au/system/files/2021-07/Surveil ance.docx
Department for Communities and Social Inclusion. (2015). Safeguarding people with
disability restrictive practices policy. Government of South Australia. Available from
https:/ studylib.net/doc/7440023/safeguarding-people-with-disability-restrictive-
practices
Department of Health and Human Services.(2020a). Office of professional practice.
Government of Victoria. Available from https:/ www.dhhs.vic.gov.au/office-
professional-practice#victorian-senior-practitioner
Department of Health and Human Services.(2020b). Quick reference guide to common
questions about restrictive practices – mechanical restraint. Disability Act 2006, Parts
7 and 8. Government of Victoria. Available from https://www.dffh.vic.gov.au/quick-
reference-guide-common-questions-about-restrictive-practices-rp-mechanical-word
Department of Health and Human Services. (2019a). Authorisation process for the use of
regulated restrictive practices: guidelines for registered NDIS providers in Victoria
2019. Government of Victoria. Available from
https:/ providers.dffh.vic.gov.au/authorisation-process-use-regulated-restrictive-
practices-registered-ndis-providers
Department of Health and Human Services. (2019b). Disability (NDIS Transition)
Amendment Act Q&A. Government of Victoria. Available from
https://www.vic.gov.au/sites/default/files/2019-09/Disability-%28NDIS-Transition%29-
Amendment-Act-Q%26A.docx
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Government of South Australia. (2013). Advance Care Directives Act 2013. Available from
https:/ www.legislation.sa.gov.au/__legislation/lz/c/a/advance%20care%20directives
%20act%202013/current/2013.10.auth.pdf
Legal Services Commission. (2022). Rights of people with a mental il ness. Government of
South Australia. Available from https:/ lawhandbook.sa.gov.au/ch30s06.php
NDIS Quality and Safeguards Commission. (2019). The positive behaviour support capability
framework. Available from
https:/ www.ndiscommission.gov.au/sites/default/files/documents/2021-06/ndis-
commission-pbs-capability-framework-july2019-final-update-february2021_0.docx
NDIS Quality and Safeguards Commission. (2020). Regulated restrictive practices guide.
Available from
https:/ www.ndiscommission.gov.au/sites/default/files/documents/2021-03/regulated-
restrictive-practice-guide-rrp-20200_0.docx
NDIS Quality and Safeguards Commission. (2021). Regulated restrictive practices with
children and young people with disability. Available from
https:/ www.ndiscommission.gov.au/sites/default/files/documents/2021-02/regulated-
restrictive-practices-children-and-young-people-disability-practice-guide-march-
2021.pdf#:~:text=The%20Regulated%20Restrictive%20Practices%20with%20Childr
en%20and%20Young,Se
NDIS Quality and Safeguards Commission. (2022). Restrictive practice guide. Safe
transportation. Available from
https:/ www.ndiscommission.gov.au/sites/default/files/documents/2022-03/restrictive-
practice-guide-safe-transportation-feb-2022-v2-accessible.docx
New South Wales Family and Community Services. (2020c). Restrictive practices resources
chemical restraint guidance. Available from
https:/ www.facs.nsw.gov.au/download?file=636948
New South Wales Family and Community Services. (2020a). Restrictive practices resources
environmental restraint. Available from
https:/ www.facs.nsw.gov.au/download?file=636949
New South Wales Family and Community Services. (2020b). Restrictive practices resources
mechanical restraint guidance. Available from
https:/ www.facs.nsw.gov.au/download?file=636950
New South Wales Family and Community Services. (2020d). Restrictive practices resources
physical restraint guidance. Available from
https:/ www.facs.nsw.gov.au/download?file=636951
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FOI 24/25-1488- DISCLOSURE LOG
New South Wales Family and Community Services. (2020e). Restrictive practices resources
seclusion guidance. Available from
https:/ www.facs.nsw.gov.au/download?file=636952
Northern Territory Government. (2019). National Disability Insurance Scheme
(Authorisations) Act 2019. Available from
https:/ legislation.nt.gov.au/Legislation/NATIONAL-DISABILITY-INSURANCE-
SCHEME-AUTHORISATIONS-ACT-2019
Northern Territory Government. (2021). Restrictive practices authorisation framework:
guidelines for NDIS service providers 2021. Available from
https://health.nt.gov.au/restrictive-practices-authorisation-framework-guideline.pdf
Of ice of the Public Advocate. (2018). Restrictive Practices. Government of South Australia.
Available from
https:/ www.ndiscommission.gov.au/sites/default/files/documents/2018-
07/Behaviour%20Support%20Workshop%20-%20SA%20Requirements%20OPA.pdf
Of ice of the Senior Practitioner. (2020b). Positive behaviour support panel guidelines.
Australian Capital Territory Government. Available from
https:/ www.communityservices.act.gov.au/__data/assets/pdf_file/0003/1460064/At -
C-Positive-Behaviour-Support-Panel-Guideline.pdf
Of ice of the Senior Practitioner. (2020a). Positive behaviour support plan guidelines.
Australian Capital Territory Government. Available from
https:/ www.communityservices.act.gov.au/__data/assets/pdf_file/0006/1460058/Posi
tive-Behaviour-Support-Plan-Guidelines.pdf
Queensland Civil and Administrative Tribunal. (2021). Guardian for restrictive practices.
Available from https:/ www.qcat.qld.gov.au/matter-types/guardianship-for-adults-
matters/guardian-for-restrictive-practices
Queensland Government. (2006). Disability services Act 2006. Available from
https:/ www.legislation.qld.gov.au/view/html/inforce/current/act-2006-012
Queensland Government. (2021). Child protection Act 1999. Available from
https:/ www.legislation.qld.gov.au/view/html/inforce/current/act-1999-010
South Australia Civil and Administrative Tribunal. (2020). Restrictive practices and special
powers [fact sheet]. Available from https://www.sacat.sa.gov.au/documents/fact-
sheets/fact-sheets-g-and-a/FactSheet_Special-Powers-for-Restrictive-Powers-
15Sep20.pdf
State Government of Victoria. (2006). Disability Act 2006 Section 132ZR. Available from
http:/ classic.austli .edu.au/au/legis/vic/consol_act/da2006121/s132zr.html?msclkid=5
e0e363ba96d11eca2ee8a7c0f5ddde7
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Tasmanian Civil and Administrative Tribunal. (2021). Restrictive practices and guardianship.
Available from
https:/ www.tascat.tas.gov.au/__data/assets/pdf_file/0005/637232/Restrictive-
Practices-and-Guardianship.pdf
Tasmanian Government. (2021). Disability services act 2011. Available from
https:/ www.legislation.tas.gov.au/view/html/inforce/current/act-2011-027

Consultation
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Summary of Consultation
C. s22(1)(a)(ii) -   (TA
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Document creation, Research on WA, SA and ACT
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Preliminary research on NSW, QLD, NT, TAS, and VIC
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Review
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Date
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Status
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Version
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Research Paper
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DISCLOSURE LOG
DOCUMENT 3
OFFICIAL
For Internal Use Only
Safety of front versus second or third row
vehicle conversion for wheelchairs
The content of this document is OFFICIAL.
Please note:
The research and literature reviews collated by our TAB Research Team are not to be
shared external to the Branch. These are for internal TAB use only and are intended to
assist our advisors with their reasonable and necessary decision-making.
Delegates have access to a wide variety of comprehensive guidance material. If
Delegates require further information on access or planning matters they are to call the
TAPS line for advice.
The Research Team are unable to ensure that the information listed below provides an
accurate & up-to-date snapshot of these matters
Research question: Is it less safe to sit in the front passenger or driver position of a vehicle in
a wheelchair, compared to second or third row?
Date: 05/10/2021
Requestor: Sally s22(1)(a)(ii) -

irrelevant material
Endorsed by (EL1 or above): Nicole s22(1)(a)(ii) -

irrelevant material
Cleared by: Felicity s22(1)(a)(ii) -
irrelevant material
1. Contents
Safety of front versus second or third row vehicle conversion for wheelchairs .......................... 1
1.
Contents ....................................................................................................................... 1
2.
Summary ...................................................................................................................... 2
3.
Vehicle transportation safety issues for wheelchair passengers ................................... 2
4.
Wheelchair seated passenger safety guidelines in Australia ........................................ 3
4.1  NSW Guidelines for Modifying Vehicles for People with Disability ............................ 3
4.2  Australian Transport Safety Guidelines for People with a Disability .......................... 4
5.
Safety of front row versus back row seats for wheelchair seated passengers .............. 4
6.
References ................................................................................................................... 6
7.
Version control .............................................................................................................. 7
V0.1 2021-11-23
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OFFICIAL
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Research Paper
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DISCLOSURE LOG
OFFICIAL
For Internal Use Only

2. Summary
Wheelchair users who are unable to be transferred into car seats require car modifications to
be safely transported while seated in their wheelchair. Passengers who are seated in a
wheelchair are more likely to be involved in crashes and experience non-crash related injuries
than passengers seated in car seats.
The Australian Transport Safety Guidelines for People with a Disability and the NSW
Guidelines for Modifying Vehicles for People with Disability outline guidance for vehicle
modifications for wheelchair seated passengers based on the Australia/New Zealand
requirements for Technical Systems and Aids for People with Disability.
None of these guidelines specifically recommend that the front or back car seats are safer for
a wheelchair seated passenger. However, they outline important considerations for deciding
where a wheelchair seated passenger should be positioned in a vehicle, such as the amount
of head room, the size and model of the wheelchair, the type of vehicle, and the preference of
the wheelchair seated passenger.
Research shows that the front passenger seat is safest for those seated in car seats aged over
15 as airbags prevent serious injury for older passengers, however there are no studies
specifically investigating the differences in risk of injury between front and rear seated
wheelchair passengers. Limited evidence suggests that airbags are beneficial for many adult
wheelchair seated vehicle occupants.
Due to the lack of research on the impact of seat position on safety for wheelchair seated
passengers, it is most important to focus on ensuring that the vehicle modification complies
with the AUS/NZ requirements for Technical Systems and Aids for People with Disability. The
position of the wheelchair seated passenger in the vehicle should be in a position where the
safety requirements are best met, which may be in either the front or back rows depending on
factors such as the model of the wheelchair and vehicle.

3. Vehicle transportation safety issues for wheelchair
passengers
When travelling in a vehicle it is safest to be seated in the original equipment manufacturer’s
seat [1]. However, some people with disability who use wheelchairs are unable to transfer into
a car seat or are required to remain in their wheelchair for posture support [2]. These
passengers enter and travel inside the vehicle while remaining seated in their wheelchair, with
the wheelchair secured to the car using a four-point strap tiedown system [3] or a wheelchair
docking system [4].
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Vehicle drivers and passengers who remain in their wheelchair are more likely to be involved
in crashes than those who transfer to standard vehicle seats [1]. Wheelchair passengers are
also more likely to experience non-crash related injuries, particularly in private vehicles [1].
The most common causes of serious or fatal injuries to passengers seated in wheelchairs are
improper, incomplete or non-use of seat belt restraints [5], and incorrect wheelchair
securement [6]. Improper seat-belt use can be due to wheelchair designs that make
positioning the seatbelt properly difficult, or inadequate training of wheelchair user or caregiver
on the procedure for properly positioning seatbelts [5]. Wheelchair seated passengers are also
at greater risk of serious injury if they are facing sideways or backwards [3].
4.  Wheelchair seated passenger safety guidelines in
Australia
4.1  NSW Guidelines for Modifying Vehicles for People with Disability
According to the NSW Guidelines for modifying vehicles for people with disability, a wheelchair
occupant must be secured using the vehicle’s original seatbelt, with the frame of the
wheelchair restrained separately [7]. The Wheelchair Tie-down and Occupant Restraint
System (WTORS) must comply with the Australian/New Zealand guidelines, including:
  OEM seatbelts incorporating pre-tensioners should be retained as part of a vehicle’s
supplementary restraint system if the modification allows.
  A lap-only seatbelt should not be fitted where the WTORS is replacing an occupant seat
that was previously fitted with a lap-sash seatbelt.
  Adequate space for forward head excursion, that being:
o  950mm when used with a lap-only seatbelt
o  650mm when used with a lap-sash seatbelt.
  The wheelchair’s own postural support shall not be used unless certified as a
wheelchair anchored belt restraint.
  Seatbelts and restraints shall be kept clean and coiled within the retractor when not in
use.
  Seatbelt and WTORS webbing shall be protected from sharp edges or protrusions.
  A WTORS release mechanism should be within reach of the wheelchair occupant and
marked or labelled to assist the user.
  Seatbelts and WTORS should be able to be released using one hand.
The guidelines outline that a wheelchair docking system can also be used to secure the
wheelchair inside the vehicle. The docking system must comply with the AUS/NS standards
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and be compatible with the passenger’s wheelchair. A headrest and backrest with enough
strength to reduce risk of injury in the event of a crash is also required.
4.2  Australian Transport Safety Guidelines for People with a Disability
The Transport Safety Guidelines for People with a Disability outlines a checklist for key
considerations when deciding the type of vehicle modification to suit a wheelchair user’s needs
[8]:
  Overall height of the person sitting in the wheelchair, e.g. top of head to ground. Check
door opening and height.
  Does the wheelchair need additional room to be restrained (is wheelchair longer/wider
than most?).
  Where the passenger would like the wheelchair passenger to be positioned in the
vehicle.
  Number of other passengers to travel in the modified vehicle with the wheelchair
passenger.
  Positioning of rear compartment seats in relation to the wheelchair position.
  Position of wheelchair passenger in relation to other fittings in the rear compartment
e.g. air conditioning vents.
  Door opening height of garage/carport.
  Clear area for wheelchair passenger to enter/exit the vehicle.
  Is rear or side access best for your needs?

5.  Safety of front row versus back row seats for
wheelchair seated passengers
Both the NSW and Australian Transport Safety guidelines offer no specific recommendation for
whether the front passenger or back row seats are safer for wheelchair seated passengers
[7,8]. The only specific recommendation for seating position in these guidelines is that
wheelchair seated passengers should face forward. These guidelines outline many
considerations when deciding how to modify a car for a wheelchair seated passenger,
including the preference of the wheelchair user, the number of passengers travelling in the
modified vehicle, the height of the wheelchair user, the car model, and the position of the
wheelchair passenger relative to other fittings in the car. These different considerations would
likely mean that the safety difference between the front and the back seats would depend on
many factors such as the car model, the wheelchair model, and the passengers using the
vehicle.
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There is a lack of research on the impact of seat position on safety of wheelchair seated
passengers. Most research on vehicle transport safety for wheelchair seated passengers
focuses on comparing the effectiveness of different wheelchair restraint systems, different
wheelchair models, and the use of seatbelts [5-6, 9-14]. For car seated passengers in cars
manufactured after 1996, front seats are safer than back row seats for occupants over 15
years old, and back row seats are safer for passengers 15 years and younger [15]. It is not
known if these results are the same for wheelchair seated passengers. The difference in safety
between front and back row seats for car seated passengers is due to the deployment of
airbags in the front seats, but not back seats, in the event of a crash. Airbags prevent serious
injury for older passengers but can cause injury in children [16].
The Australian Transport Safety Guidelines provide no guidance around airbags for wheelchair
seated passengers [8]. The NSW guidelines state that an exemption from the NSW Road and
Maritime services is required if airbags are deactivated or removed as part of a vehicle
modification [7]. There is no research investigating the effectiveness of airbags for wheelchair
seated passengers, however there is one study which investigated the effectiveness of airbags
for wheelchair seated drivers [17]. This study found that airbags are generally effective at
reducing the risk of head and neck injuries for wheelchair seated drivers, however the airbags
can cause serious injury if the driver is required to sit very close to the airbag module in order
to operate the modified vehicle. It is therefore possible that airbags could be beneficial for adult
wheelchair seated passengers if they are not seated too close to the airbag module. It is
important to note that this study only investigated frontal impact crashes in one car model and
one wheelchair type, so further research is required to confirm if airbags are effective for all
wheelchair seated vehicle occupants under different crash conditions [17]. This study also only
investigated the effectiveness of airbags on adults in wheelchairs, however it is likely that if
airbags cause injury to car seated children aged 15 and under [16], they could also cause
injury to wheelchair seated children.
Due to the lack of research on the impact of seat position on safety for wheelchair seated
passengers, it is most important to focus on ensuring that the vehicle modification complies
with the AUS/NZ requirements for Technical Systems and Aids for People with Disability to
ensure that the passenger is safe [7,8]. This includes the correct amount of head room, correct
Wheelchair Tie-down and Occupant Restraint System and seatbelt, and ensuring that the
wheelchair is facing forward. The position of a wheelchair seated passenger in the vehicle
should be where the safety requirements are best met and considers the preference of the
passenger. The safest position in the vehicle may be in either the front or back rows
depending on factors such as the wheelchair model, vehicle model, and the vehicle
passengers [7,8]. The location of airbags and may also be considered when deciding seating
position, with some evidence suggesting that airbags can prevent serious injury for wheelchair
seated adults [17] but are known to cause injury to car seated children aged 15 and under [16].

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6. References
1.
Fitzgerald SG, Songer T, Rotko KA, Karg P. Motor vehicle transportation use and related adverse events
among persons who use wheelchairs. Assistive Technology. 2007 Dec 31;19(4):180-7.
2.
Buning ME, Bertocci G, Schneider LW, Manary M, Karg P, Brown D, Johnson S. RESNA's position on
wheelchairs used as seats in motor vehicles. Assistive technology. 2012 Jun 1;24(2):132-41.
3.
Schneider LW, Manary MA, Hobson DA, Bertocci GE. Transportation safety standards for wheelchair
users: a review of voluntary standards for improved safety, usability, and independence of wheelchair-seated
travelers. Assistive technology. 2008 Dec 31;20(4):222-33.
4.
Hobson DA, van Roosmalen L. Towards the next generation of wheelchair securement—development of
a demonstration UDIG-compatible wheelchair docking device. Assistive Technology. 2007 Dec 31;19(4):210-22.
5.
Schneider LW, Klinich KD, Moore JL, MacWilliams JB. Using in-depth investigations to identify
transportation safety issues for wheelchair-seated occupants of motor vehicles. Medical engineering & physics.
2010 Apr 1;32(3):237-47.
6.
Wolf PJ, van Roosmalen L, Bertocci GE. Wheelchair tiedown and occupant restraint system issues in the
real world and the virtual world: Combining qualitative and quantitative research approaches. Assistive
Technology. 2007 Dec 31;19(4):188-99.
7. Vehicle Standards Information – No.21 Guidelines for modifying vehicles for people with disability
[Internet]. NSW Government Road and Maritime Services, 2019 [cited 2021 Oct 12]. Available from: Vehicle
Standards Information – No. 21 (nsw.gov.au)
8.
Transport Safety Guidelines for People with a Disability [Internet]. Hornsby (AU). Speech Pathologists,
Physiotherapists and Occupational Therapists on Developmental Disability, 2010 [cited 2021 Oct 12]. Available
from: Microsoft Word - TranSPOT Yellow Book Rev2.doc (disabilityspot.org.au)
9.
Van Roosmalen L, Ritchie Orton N, Schneider L. Safety, usability, and independence for wheelchair-
seated drivers and front-row passengers of private vehicles: A qualitative research study. Journal of Rehabilitation
Research & Development. 2013 Mar 1;50(2).
10.
Fuhrman SI, Karg P, Bertocci G. Characterization of pediatric wheelchair kinematics and wheelchair
tiedown and occupant restraint system loading during rear impact. Medical engineering & physics. 2010 Apr
1;32(3):280-6.
11.
Salipur Z, Bertocci G. Wheelchair tiedown and occupant restraint loading associated with adult manual
transit wheelchair in rear impact. Journal of rehabilitation research and development. 2010 Feb 10;47(2):143.
12.
Schneider LW, Manary MA, Hobson DA, Bertocci GE. Transportation safety standards for wheelchair
users: a review of voluntary standards for improved safety, usability, and independence of wheelchair-seated
travelers. Assistive technology. 2008 Dec 31;20(4):222-33.
13.
Senín AR, Sáez LM, Corral TV. Experimental evaluation of the wheelchair occupant protection under
different impact conditions using commercial wheelchairs. International journal of crashworthiness. 2006 May
1;11(5):425-41.
14.
Van Roosmalen L, Karg P, Hobson D, Turkovich M, Porach E. User evaluation of three wheelchair
securement systems in large accessible transit vehicles. Journal of Rehabilitation Research & Development. 2011
Oct 1;48(7).
15.
Bilston LE, Du W, Brown J. A matched-cohort analysis of belted front and rear seat occupants in newer
and older model vehicles shows that gains in front occupant safety have outpaced gains for rear seat occupants.
Accident Analysis & Prevention. 2010 Nov 1;42(6):1974-7.
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16.
Arbogast KB, Durbin DR, Kallan MJ, Elliott MR, Winston FK. Injury risk to restrained children exposed to
deployed first-and second-generation air bags in frontal crashes. Archives of pediatrics & adolescent medicine.
2005 Apr 1;159(4):342-6.
17.
Hu J, Orton N, Manary MA, Boyle K, Schneider LW. Should airbags be deactivated for wheelchair-seated
drivers?. Traffic injury prevention. 2020 Oct 12;21(sup1):S37-42.

7. Version
control
Version  Amended
Brief Description of Change
Status
Date
by
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First Draft
12/10/2021
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and
revisions
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0.3
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FFM634  Final revisions
Final Version
23/11/2021

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Specialised driving lessons
The content of this document is OFFICIAL.
Please note:
The research and literature reviews collated by our TAB Research Team are not to be shared
external to the Branch. These are for internal TAB use only and are intended to assist our
advisors with their reasonable and necessary decision-making.
Delegates have access to a wide variety of comprehensive guidance material. If Delegates
require further information on access or planning matters, they are to call the TAPS line for
advice.
The Research Team are unable to ensure that the information listed below provides an
accurate & up-to-date snapshot of these matters
Research question: 1. How many hours of specialised driving lessons is generally required
for an individual with a disability to learn how to drive and attain their driver’s license? How
does this vary between disability populations (e.g. ABI, Stroke, ID, ASD)?
2. What is the best practice approach for a driver rehabilitation program, are there any
guidelines regarding the frequency of driving lessons and frequency of Driver Trained
Occupational Therapist review/re-assessment?
3. What are the factors which determine successful attainment of licensing, especially for
individuals with cognitive impairments?
Date: 01/12/2022
Requestor: Melody s22(1)(a)(ii) - irrelevant  material
Endorsed by: Katrin s22(1)(a)(ii) -
irrelevant material
Researcher: Aaron s22(1)(a)(ii) - irrelevant
material
Cleared by: Stephanie s22(1)(a)(ii) - irrelevant
material
Review date:
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1. Contents
Specialised driving lessons ........................................................................................................ 1
1.
Contents ....................................................................................................................... 2
2.
Summary ...................................................................................................................... 2
3.
Guidelines ..................................................................................................................... 3
4.
Evidence for on-road driving lessons ............................................................................ 4
4.1  General ...................................................................................................................... 4
4.2  Autism Spectrum Disorder ......................................................................................... 5
4.3  Traumatic brain injury ................................................................................................ 6
5.
References ................................................................................................................... 6

2. Summary
This paper focussed on on-road driver training interventions for people with cognitive or
emotional concerns which impact their driving. There is very little evidence evaluating on-road
driving lessons despite this being one of the most widespread interventions used for driver
training and rehabilitation. Lack of evidence for on-road driving lessons is a known issue for
researchers and driver trained occupational therapists (DTOTs) and is frequently remarked on
in the research literature.
Relevant studies have been conducted for drivers with Autism Spectrum Disorder (ASD) and
traumatic brain injury (TBI). Surveys of driving instructors suggest learners with ASD may
require 20-40 formal driving lessons. Evidence shows that while most people with TBI can
return to driving, those who require additional training need on average seven 2hr formal
driving lessons. Researchers have explored for other cohorts (stroke, mild cognitive
impairment, psychosocial disability) but available studies were either exploratory (e.g.,
describing driver profiles) or examined other interventions (e.g., simulator training, driver
education, physical rehabilitation etc.).
While there is consistent evidence that suggests people with disability take longer to get their
license, any quantified results are based on very few studies and should be treated with
caution.
No guidelines were found which offered recommendations for duration, frequency or number
of driving lessons for people with cognitive or emotional concerns that might impact their
driving. In response to lack of evidence, guidelines stress the need for individualised
interventions which account for the learners’ specific needs.
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3. Guidelines
Database searches uncovered no published guidelines recommending an overall approach to
frequency or duration of specialised driving lessons, reviews or reassessments for people with
cognitive or emotional concerns that might impact their driving.
Assessing fitness to drive is a collaboration of AustRoads and the National Transport
Commission and provides guidelines for determining when a driver with some medically
relevant impairment meets licensing requirements (AustRoads & National Transport
Commission, 2022). This includes required frequency of reassessment after a person has
obtained their license. For example, reassessment may be more frequent if a driver has a
progressive condition. However, Assessing fitness to drive does not provide recommendations
around frequency of reassessment for drivers prior to obtaining their license. Nor does it
provide guidelines around frequency or duration of lessons or rehabilitation strategy for drivers
wanting to gain or regain their license. In fact, the guidelines state explicitly, “there is currently
limited evidence to support the use of particular rehabilitation or retraining strategies”
(AustRoads & National Transport Commission, 2022, p.23).
VicRoad’s Guidelines for Occupational Therapy Driver Assessors (VicRoads) does include
some recommendations around driving lessons. VicRoads says, for instance, that driving
instructors need to “use appropriate training methods to accommodate the driver’s past
experience, current skill level and communication/impairment needs” (p.33). This might involve
specifying number of lessons or recommending a duration of lessons. However, the guidelines
do not specify how the DTOT’s should recommend frequency or duration of lessons.
Queensland’s Controlled Environment Driver Training Guidelines (Department of Transport
and Main Roads, 2021) emphasises responding to individual learner circumstances and does
not make recommendations around frequency or duration of lessons:
… consideration should be given to offering flexibility of approach and adapting learning
principles to the needs of individuals, including those students with physical or mental
health challenges. Driver trainers are not expected to conduct clinical assessments of
special needs or challenges, but as educators there is a responsibility to be sensitive to
these issues and to try to respond to them. Unfortunately, there is little research and
evidence to prescribe specific driver training techniques for students with special needs;
however, the key principle is to try to understand their circumstances and be as flexible
in the conduct of training and communication methods as is reasonably practicable
(2021, p.11).
The UK’s National standard for driver and rider training (National standard, 2020) outlines what
a driver instructor should know when training learner drivers. It describes a client-centred
approach which responds to individual needs and takes into account to prior knowledge and
experience of the learner. It does not provide guidance on frequency or duration of lessons.

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4. Evidence for on-road driving lessons
There is a notable lack of evidence regarding the efficacy of on-road driving lessons for people
with disabilities. A 2014 systematic review of occupational therapy assisted driver rehabilitation
notes:
while it is our experience that the most common intervention approach used in clinical
practice is a series of lessons with a driving instructor, we were unable to identify any
studies that evaluated this intervention approach. This kind of intervention has received
very limited description in the literature which may be due to the heterogeneous nature
of the training provided. (Unsworth & Baker, 2014, p.112)
While there is some efficacy data published since 2014, the lack of evidence of on-road driving
lessons for people with disabilities is noted in almost all studies referenced in this paper
(AustRoads & National Transport Commission, 2022; Berndt et al, 2022; Vindin et al, 2021;
Department of Transport and Main Roads, 2021; Dun et al, 2020; Sangrar et al, 2019; Wilson
et al, 2018; Lindsay & Stoica, 2018; Unsworth et al, 2015; George et al, 2014). For example,
as recently as 2021, Australian researchers in Perth and Sydney could claim to have
completed the first experimental on-road driving training intervention study for people with ASD
(Vindin et al, 2021, p.3708).
4.1 General
In a recent interview-based study of Australian DTOTs looking at self-reported clinical
reasoning regarding recommendations for interventions, Berndt et al note that:
Participants asserted that peer-reviewed scientific research evidence for particular driver
rehabilitation interventions was sparse, so they often deferred to clinical judgment and
experience to guide practice. In the absence of specific driver rehabilitation intervention
research evidence, general evidence was transferred across to a driver rehabilitation
context, applied and then evaluated (Berndt et al, 2022, p.442).
Unfortunately, the authors do not elaborate on what this general evidence consists of.
Participants reported factors related to on-road driving lessons as crucial to their decision
making. For example, participants noted that in order to determine whether a skill was
acquired, they needed to observe the skill being implemented across multiple lessons, rather
than just once during an assessment. Responses also imply that a DTOT will create a
hypothesis about the learner’s driving ability and then test the hypothesis over multiple
lessons.
Breault et al (2019) found young learners with disabilities took longer on average to learn to
drive compared to young people without disabilities but did not provide details about average
duration or frequency of lessons.
In their review, Sangrar et al (2019) found interventions including in-vehicle training could
reduce driver errors and improve control of vehicle for older drivers. However, as the
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interventions generally included multiple components (e.g., simulator training and group
education) it is unclear how much of the effect could be attributed to on-road lessons. Also, the
on-road component of training in these studies was generally limited to one or 2 sessions.
Similar findings for older drivers were reported by Castalucci et al (2020). Beanland and
Huemer (2021) raise the same concern regarding one- or 2-day driver training programs for all
post-license drivers.
4.2 Autism Spectrum Disorder
A 2019 systematic review reported on 3 papers recommending strategies to assist people with
ASD to drive. Strategies included shorter lessons, repetitions of lessons and regular, frequent
and consistent lessons (Lindsay, 2019). The necessity for repeating lessons could be a reason
people with ASD often take longer to learn to drive (Tyler, 2013).
The use of frequent repetition of lessons was supported in two publications reporting on an
interview-based study of driving instructors (Myers et al, 2019; Myers et al, 2021). These
studies always noted other specific strategies around duration and frequency of on-road
driving lessons. One driving instructor suggested a typical pattern was 24hrs formal instruction
from a driving instructor/OT plus another 200 hours of driving practice with parents/carers.
Others described requiring 3 to 4 times more hours of on-road practice for people with ASD
compared to those without. The authors suggested lessons can continue for 2-3 years.
Instructors often recommended a course of driving lessons, followed by months or years of on-
road practice with informal supports. During this time students were instructed to work on
foundational pre-driving skills (e.g., learning to ride a bike or catch public transport
independently) after which they may return for another course of driving lessons.
Participants in the Myers et al study predicted that around 30% of their students eventually got
their license (Myers et al, 2019; Myers et al, 2021). This is consistent with evidence that 1 in 3
young people with ASD acquire their driver’s license (Curry et al, 2018).
In 2018-2019, an Australian team of researchers completed a scoping review and RCT to
examine interventions for young learner drivers with autism (Wilson et al, 2018; Vindin et al,
2021). The scoping review supports the suggestion raised in other studies (Myers et al, 2021;
Myers et al, 2019; Lindsay, 2019; Tyler, 2013) that young drivers with ASD may require more
lessons of shorter duration compared to those without ASD. In a survey of 388 respondents,
Shepard et al (2022) found drivers with ASD typically required 20-40 professional driving
lessons compared to people without who required on average 0-20 lessons, and driver with
ASD typically got their license later. This is consistent with the only other quantified
recommendation of an average of 24 lessons (Myers et al, 2019).
Wilson et al’s (2018) scoping review found interventions reporting simulator or computer-based
training but found no studies examining on-road driving lesson interventions. To address this
gap, the research team designed an RCT to assess the efficacy of an on-road driving program
for 72 young people with ASD (Vindin et al, 2021). In this study, both the intervention and
control group were given 10 driving lessons with driving instructors who were not DTOTs. The
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intervention group lessons were delivered by instructors trained in an ASD specific driving
program. The control group lessons were delivered by instructors with no additional training.
The researchers found large effect sizes for both groups but found no statistically significant
difference between groups. It is noteworthy that both groups showed significant benefit after a
course of on-road driving lessons with mainstream professional driving instructors. However,
the authors note there is a possibility of self-selection bias resulting in a group of driving
instructors with interest or experience in training young people with ASD.
4.3 Traumatic brain injury
Duration of driver training after traumatic brain injury depends on the severity of the injury
(Schultheis & Whipple, 2014). Estimates for return to driving after TBI range from 42% to 98%.
In their sample of 48 people with traumatic brain injury, Stolwyck et al (2019) found 31 were fit
to drive following an assessment from an occupational therapist, while 9 of the 17 who failed
the assessment were recommended take one or more driving lessons before being
reassessed. All those who underwent driving lessons were re-assessed and cleared to return
to driving. However, the report does not make clear how many lessons were required for the
cohort of participants who failed the initial test.
Ross et al (2018) found in an Australian sample of 340 people with traumatic brain injury, 72%
passed the initial post-injury driver assessment and of the 28% who failed the initial
assessment, 98% passed after an average of 7 driving lessons (14 specialist driving instructor
hours) and 2.5 on-road assessments (9.8 OT hours and 3.8 specialist driving instructor hours).
Only 7 out of the 340 were not able to return to driving.
5. References
AustRoads & National Transport Commission. (2022). Assessing fitness to drive for
commercial and private vehicle drivers. Australian Government.
https://austroads.com.au/publications/assessing-fitness-to-drive/ap-g56
Beanland, V and Huemmer, I. (2021) The effectiveness of advanced driver training. Waka
Kotahi NZ Transport Agency research report 677.
https://nzta.govt.nz/assets/resources/research/reports/677/677-the-effectiveness-of-
advanced-driver-training.pdf
Berndt, A., Hutchinson, C., Tepper, D., & George, S. (2022). Professional reasoning of
occupational therapy driver rehabilitation interventions. Australian Occupational
Therapy Journal, 69(4), 436–446. https://doi.org/10.1111/1440-1630.12804
Breault, C., Giroux, L., Gauvreau, A., Belanger, S., Lamontagne, M.-E., & Morales, E. (2019).
Acceptability of the process of obtaining a driver’s license by young people with and
without disabilities. Journal of Accessibility and Design for All, 9(1), 90–117.
https://doi.org/10.17411/jacces.v9i1.198
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Castellucci, H. I., Bravo, G., Arezes, P. M., & Lavallière, M. (2020). Are interventions effective
at improving driving in older drivers?: A systematic review. BMC Geriatrics, 20(1), 125.
https://doi.org/10.1186/s12877-020-01512-z
Curry, A. E., Yerys, B. E., Huang, P., & Metzger, K. B. (2018). Longitudinal study of driver
licensing rates among adolescents and young adults with autism spectrum disorder.
Autism: The International Journal of Research and Practice, 22(4), 479–488.
https://doi.org/10.1177/1362361317699586
Department of Transport and Main Roads. (2021). Controlled environment driver training
guidelines. Queensland Government. https://www.tmr.qld.gov.au/-
/media/busind/accreditations/driverandridertrainers/Controlled-Environment-Driver-
Training-Guidelines.pdf?la=en
Di Stefano, M & Ross, P. (2018). VicRoads Guidelines for Occupational Therapy Driver
Assessors (3rd edition). Roads Corporation Victoria, Melbourne.
George, S., Crotty, M., Gelinas, I., & Devos, H. (2014). Rehabilitation for improving automobile
driving after stroke. Cochrane Database of Systematic Reviews, 2, CD008357.
https://doi.org/10.1002/14651858.CD008357.pub2
Myers, R. K., Bonsu, J. M., Carey, M. E., Yerys, B. E., Mollen, C. J., & Curry, A. E. (2019).
Teaching autistic adolescents and young adults to drive: Perspectives of specialized
driving instructors. Autism in Adulthood Knowledge Practice and Policy, 1(3), 202–209.
https://doi.org/10.1089/aut.2018.0054
Myers, R. K., Carey, M. E., Bonsu, J. M., Yerys, B. E., Mollen, C. J., & Curry, A. E. (2021).
Behind the wheel: Specialized driving instructors’ experiences and strategies for
teaching autistic adolescents to drive. The American Journal of Occupational Therapy:
Official Publication of the American Occupational Therapy Association, 75(3),
7503180110p1. https://doi.org/10.5014/ajot.2021.043406
National standard for driver and rider training. (2020). Driver and Vehicle Standards Agency.
https://www.gov.uk/government/publications/national-standard-for-driver-and-rider-
training/national-standard-for-driver-and-rider-training#unit-2---design-learning-
programmes
Lindsay, S. (2017). Systematic review of factors affecting driving and motor vehicle
transportation among people with autism spectrum disorder. Disability and
Rehabilitation, 39(9), 837–846. https://doi.org/10.3109/09638288.2016.1161849
Lindsay, S., & Stoica, A. (2017). A systematic review of factors affecting driving and public
transportation among youth and young adults with acquired brain injury. Brain Injury,
31(10), 1257–1269. https://doi.org/10.1080/02699052.2017.1321140
Ross, P. E., Di Stefano, M., Charlton, J., Spitz, G., & Ponsford, J. L. (2018). Interventions for
resuming driving after traumatic brain injury. Disability and Rehabilitation, 40(7), 757–
764. https://doi.org/10.1080/09638288.2016.1274341
Specialised
Driving
Lessons
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For Internal Use Only
Sangrar, R., Mun, J., Cammarata, M., Griffith, L. E., Letts, L., & Vrkljan, B. (2019). Older driver
training programs: A systematic review of evidence aimed at improving behind-the-
wheel performance. Journal of Safety Research, 71, 295–313.
https://doi.org/10.1016/j.jsr.2019.09.022
Sheppard, E., van Loon, E. & Ropar, D. (2022). Dimensions of Self-Reported Driving Difficulty
in Autistic and Non-Autistic Adults and their Relationship with Autistic Traits. Journal of
Autism and Developmental Disorders. https://doi.org/10.1007/s10803-021-05420-y
Schultheis, M. T., & Whipple, E. (2014). Driving after traumatic brain injury: evaluation and
rehabilitation interventions. Current Physical Medicine and Rehabilitation Reports, 2(3),
176–183. https://doi.org/10.1007/s40141-014-0055-0
Stolwyk, R. J., Charlton, J. L., Ross, P. E., Bédard, M., Marshall, S., Gagnon, S., Gooden, J.
R., & Ponsford, J. L. (2019). Characterizing on-road driving performance in individuals
with traumatic brain injury who pass or fail an on-road driving assessment. Disability
and Rehabilitation, 41(11), 1313–1320. https://doi.org/10.1080/09638288.2018.1424955
Tyler S. (2013). Asperger’s syndrome: the implications for driver training methods and road
safety. Journal of the Australasian College of Road Safety, 24, 55–62.
Unsworth, C. A., & Baker, A. (2014). Driver rehabilitation: a systematic review of the types and
effectiveness of interventions used by occupational therapists to improve on-road
fitness-to-drive. Accident; Analysis and Prevention, 71, 106–114.
https://doi.org/10.1016/j.aap.2014.04.017
Unsworth, C., Harries, P., & Davies, M. (2015). Using Social Judgment Theory method to
examine how experienced occupational therapy driver assessors use information to
make fitness-to-drive recommendations. The British Journal of Occupational Therapy,
78(2), 109–120. https://doi.org/10.1177/0308022614562396
Vindin, P., Cordier, R., Wilson, N. J., & Lee, H. (2021). A driver training program intervention
for student drivers with autism spectrum disorder: A multi-site randomised controlled
trial. Journal of Autism and Developmental Disorders, 51(10), 3707–3721.
https://doi.org/10.1007/s10803-020-04825-5
Wilson, N. J., Lee, H. C., Vaz, S., Vindin, P., & Cordier, R. (2018). Scoping review of the
driving behaviour of and driver training programs for people on the autism spectrum.
Behavioural Neurology, 2018, 6842306. https://doi.org/10.1155/2018/6842306
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DOCUMENT 5
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Research Request – Learner Driver in Australia
Statistics and research to support the development of an NDIS funding
position or at least and advice position.
For a Learner (Class C – car) driver in Australia – What are the percentage of
learners who access driving lessons (as opposed to learning from
family/friends)?
1.)
For Learner (Class C – car) driver’s doing the log book system – How
many driving lessons do they usually require?
2.)
For a Learner (Class C – car) driver, not doing a log book system but
instead the state on‐road licensing test ‐ How many driving lessons do they
usually require?
3.)
Are there any differences (patterns) between different Australian
states regarding driving instructor usage?
Brief
4.)
Is there any evidence regarding the number of lessons an adult usually
requires to learn to drive with a left accelerator in auto car as a new driver?
5.)
Is there any evidence regarding the number of lessons an adult usually
requires to re‐learn to drive with a left accelerator in auto car (rather than a
right one) as an existing driver?
6.)
Is there any evidence regarding the maximum number of driving
lessons funded by other funding  agencies (eg TAC, Lifetime support scheme,
DVA etc…) prior to them requiring further evidence ( ‐ if so what is the required
evidence ‐ ? a Driver Trained OT on ‐road assessment review)
7.)
Is there any evidence regarding the position in regard to funding
Learner driving lessons for other funding agencies (eg TAC, Lifetime support
scheme, DVA etc…). Do they consider whether some or all of this is an
everyday cost for consumers and therefore not cover it.
Date
July, 2020
Requester
Shannon s22(1)(a)(ii) -   (Assistant
irrelevant material
Director – TAB)
Researcher
Craig s22(1)(a)(ii) -  (Tactical
irrelevant material
Research Advisor – TAB/AAT)
Please note:
The research and literature reviews collated by our TAB Research Team are not to be shared external to the Branch. These
are for internal TAB use only and are intended to assist our advisors with their reasonable and necessary decision‐making.
Delegates have access to a wide variety of comprehensive guidance material. If Delegates require further information on
access or planning matters they are to call the TAPS line for advice.
The Research Team are unable to ensure that the information listed below provides an accurate & up‐to‐date snapshot of
these matters.
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Contents

Australia’s National Driver Licensing Scheme ......................................................................................... 2
Australia’s standard graduated licensing system (GLS) for cars ............................................................. 2
Learners who access driving lessons with professional instructors as opposed to family/friends ........ 3
Number of Lessons: Log Book System/State on‐road Licensing Test and Driving Instructor Usage ...... 4
Number of Lessons: Adults learning to drive with a left accelerator in auto car as a new driver .......... 7
Number of Lessons: Adults re‐learning to drive with a left accelerator in auto car (rather than a right
one) as an existing driver ........................................................................................................................ 8
Number of Lessons: maximum number of driving lessons funded by other funding agencies ............. 8
Traffic Accident Commission L2P Program ......................................................................................... 8
Funding learner driving lessons for other funding agencies ................................................................... 9
Traffic Accident commission TAC ........................................................................................................ 9
Department of Veteran Affairs (DVA) ............................................................................................... 10
Lifetime Support Scheme .................................................................................................................. 10
Cohorts .................................................................................................................................................. 10
References ............................................................................................................................................ 11

Australia’s National Driver Licensing Scheme

In 1997, Australia implemented a National Driver Licensing Scheme (NDLS), establishing a single
driver licence classification structure, eligibility criteria and a uniform set of requirements for key
driver licensing transactions including the issue, variation, renewal, suspension and cancellation of
licences.
Although Australia operates a federated licensing scheme (administered by the individual states and
territories), the NDLS has been adopted by all Australian jurisdictions and, as a result, facilitates the
mutual recognition between Australian jurisdictions of driver licences when transferring between
jurisdictions. [1]

Australia’s standard graduated licensing system (GLS) for cars

All Australian jurisdictions have introduced a GLS for novice drivers. The fundamental components of
Australia’s standard GLS policy framework are outlined below. All Australian jurisdictions currently
meet or exceed these requirements. [1]
GLS requirements:
 Learner permit at 16 years – supervised driving required
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  12 months minimum holding of learner permit
  Requirement to undertake at least 50 hours supervised driving recorded in a log book
  Practical on‐road test to achieve solo unsupervised licence
  Hazard Perception Test as part of GLS
  Solo licensing from 17 years
  Zero Blood Alcohol Content (BAC) and no hand held mobiles during entire
learner/provisional period
  Lower demerit point threshold for novice drivers
  Community education about risks associated with:
o  Novice drivers and late night driving and carrying multiple passengers
o  Young drivers on a full licence and drink driving
  Support programs to assist disadvantaged drivers to progress.

Learners who access driving lessons with professional
instructors as opposed to family/friends

No research or statistics could be sourced indicating learners who access driving lessons with
professional instructors as opposed to family/friends.
In 2013 The Centre for Accident Research & Road Safety – Queensland, published a series of three
reports which examined education and training for novice drivers. The third and final report [2]
provided an overview of the graduated driver licensing (GDL) system and outlines the expert opinion
of four international novice driver experts about the potential road safety impacts of different
training approaches if applied to the GDL system in place within Queensland.
In looking at supervised on road practice the report indicated that "All of the experts were in
agreement that this is an effective way for the learner to gain experience and that there is strong
potential for positive road safety effects in particular because of the potential to extend the learner
phase using a mandated hours requirement. It was recognised that a certain amount of practice will
be necessary before road safety effects can be realised, however, experts noted that there is no clear
consensus in the literature as to how many hours this should be".
The report also looked at the advantages and disadvantages of professional instructor lessons as
opposed to supervision by family/friends with the following observations:

Advantages
  Exposes learners to practice driving under supervision which has a low crash risk.
  Allows gradual progression of practice from low crash risk (e.g. car parks) to higher risk
conditions (e.g. night time driving).
  Allows parents to judge if the novice is ready to take their test.
  Increasing quantity of private supervision during learner phase is the most investigated and
promoted way to reduce P1 crashes and has been shown to be effective at reducing crash
risk in the first 2 unsupervised years.
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  Without private supervision learners would likely rely on professional lessons, which often
lack variety.
  Research suggests bad habits picked up from private supervisors does not outweigh the
overall benefits, and likely could be addressed by good professional instruction.
  Required 100+ hours has potential to delay licensing which has safety benefits.
Disadvantages
  Parents do not always have sufficient tools to assist them as supervisors.
  Not all parents are good drivers or good teachers. Learners may adopt poor/unsafe/risky
driving from a private supervisor.
  It is not clear from research the extent to which supervised driving experience translates
into safer driving when unsupervised.
  Effects are only found if supervised practice is for a longer rather than shorter time/distance
travelled.
  Required 100+ hours results in more practice of novices but puts a strain on some families.

Number of Lessons: Log Book System/State on-road Licensing
Test and Driving Instructor Usage

  No state stipulates the number of driving lessons required. Instead, most states stipulate the
minimum number of hours of supervised driving which needs to be recorded in a log book.

  It appears to be recognized that the number of lessons required depends on the individual
driver’s skills, confidence and other factors.

  The number of hours required varies from state to state and varies according the age of the
driver. In some states a log book does not need to be completed if the driver is over a
certain age.

  For all states, it appears there are no requirements regarding number of driving lessons for
Learner Drivers not doing a log book system but instead the state on‐road licensing test.

  In all states anyone holding an appropriate licence can supervise/instruct the learning driver.
No states stipulate the use a professional driving instructor. Only one state (NSW) gives an
incentive to drivers to use a professional instructor by offering bonus log book hours.

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Below is table summarizing the general requirements per state for log book systems and driver
instructor usage.
Australian State & Link to
authority responsible for
LOG BOOK SYSTEM
Driving Instructor Usage
driver licensing functions
NSW: Roads and Maritime
AGE: Under the age of 25 must complete a
Anyone holding an appropriate
Services New South Wales
minimum of 120 hours of supervised driving
licence can supervise/instruct the

experience (including at least 20 hours at night).
learning driver.

Aged 25 or older doesn’t need to fill out a log book
Professional Driving Instructor
or complete any minimum amount of supervised

driving.
No stipulation to use a

professional driving instructor.

LOG BOOK: Hours must be recorded in a paper log
There is a 3 for1 bonus hours
book or log book app.
incentive: If Lerner has lessons

with a professional driving
Exemptions to the 120 hours include
instructor: for every 1 hour

structured driving lesson, Lerner
Previously held a NSW or interstate driver licence,
can record 3 hours driving
other than a learner licence
experience in their log book.

Previously held an overseas licence, other than a
learner licence

Hold an overseas licence, other than a learner
licence, and are issued with a learner licence after
failing one driving test

Are specifically exempted by Roads and Maritime
Services.

VIC: VicRoads
AGE: Under the age of 21 must complete a
Anyone holding an appropriate

minimum of 120 hours of supervised driving
licence can supervise/instruct the
experience (including at least 20 hours at night).
learning driver.

Aged 21 or older doesn’t need to fill out a log book
Professional Driving Instructor
or complete any minimum amount of supervised

driving.
No stipulation to use a

professional driving instructor

LOG BOOK: Hours must be recorded in a paper log
book or log book app.

Exemptions to the 120 hours include:

If the nature of your essential activities,
occupation, employment or family circumstances
means that 120 hours of supervised driving would
cause you or your family undue hardship.

If you have sufficient previous driving experience
(interstate and overseas experience will be
considered).

QLD: Department of
AGE: Under the age of 25 must complete a
Anyone holding an appropriate
Transport and Main Roads
minimum of 100 hours of supervised driving
licence can supervise/instruct the
Queensland
experience (including at least 10 hours at night).
learning driver.

Professional Driving Instructor

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Australian State & Link to
authority responsible for
LOG BOOK SYSTEM
Driving Instructor Usage
driver licensing functions
Aged 25 or older doesn’t need to fill out a log book
No stipulation to use a
or complete any minimum amount of supervised
professional driving instructor
driving.

LOG BOOK: Hours must be recorded in a paper log
book or log book app.

Exemptions to the 100 hours: Will need to prove
that at least one of the following circumstances
applies to you: No car available, No supervisor
available. Limited access to a road network.
Source>

WA: Department of
AGE: Under the age of 25 must complete a
Anyone holding an appropriate
Transport Western
minimum of 50 hours of supervised driving
licence can supervise/instruct the
Australia
experience (including at least 5 hours at night).
learning driver.

Aged 25 or older doesn’t need to fill out a log book
Professional Driving Instructor
or complete any minimum amount of supervised

driving.
No stipulation to use a

professional driving instructor
LOG BOOK: Hours must be recorded in an app log
book only. No paper log book.

Exemptions: none sourced

SA: Department of
AGE: Any age must complete a minimum of 75
Anyone holding an appropriate
Planning, Transport and
hours of supervised driving experience (including
licence can supervise/instruct the
Infrastructure South
at least 15 hours at night).
learning driver.
Australia

Any age required to fill out a log book or complete
Professional Driving Instructor
any minimum amount of supervised driving

No stipulation to use a
LOG BOOK: Hours must be recorded in a paper log
professional driving instructor
book or log book app

Exemptions: Exemption to hours of supervised
driving may be granted if learner has driving
experience from other states.

TAS: Department of State
At least 80 hours of supervised driving experience
Anyone holding an appropriate
Growth Tasmania
(including at least 15 hours at night).
licence can supervise/instruct the

learning driver.
Two stages to learner Driving:

Professional Driving Instructor
L1 Stage: No log book required, Supervisory Driver

required.
No stipulation to use a

professional driving instructor
L2 Stage: Includes Driving Assessment, then
Supervisory Driver required, and completion of log
book (no app log)
Source>

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Australian State & Link to
authority responsible for
LOG BOOK SYSTEM
Driving Instructor Usage
driver licensing functions
NT: Department of
AGE: If under 25 years old need to hold provisional
Anyone holding an appropriate
Transport Northern
licence for at least two years before upgrading to a
licence can supervise/instruct the
Territory
full licence.
learning driver.

If you are 25 or older provisional licence needs to
Professional Driving Instructor
be held for at least one year.

No stipulation to use a
No minimum driving hours required.
professional driving instructor

LOG BOOK: None required

ACT: Road Transport
AGE: Under the age of 25 must complete a
Anyone holding an appropriate
Authority Australian Capital
minimum of 100 hours of supervised driving
licence can supervise/instruct the
Territory
experience (including at least 10 hours at night).
learning driver.

Aged 25 or older required to complete 50
Professional Driving Instructor
supervised driving hours including 5 at night.

For the first 10 hours, 3 hours of
LOG BOOK: Hours must be recorded in the paper
supervised driving hours will be
log book only. There is no app log.
applied for each singular hour

driven whilst supervised by an
Exemptions: none sourced
ACT Accredited Driving

Instructor.

Number of Lessons: Adults learning to drive with a left
accelerator in auto car as a new driver

No research or statistics could be sourced indicating the number of lessons required for adults
learning to drive with a left foot accelerator in auto car as a new driver.
Below is table summarizing the general requirements per state for adults learning to drive with a left
accelerator in auto car.
Australian State & Link to information
regarding the left accelerator
Summary of requirement
requirement
NSW: Roads and Maritime Services
In an automatic vehicle, the accelerator and brake can be used by either the
New South Wales
right or left leg, or both (one for each pedal). If you only use your left leg,

the accelerator should be fitted to the left of the brake pedal (unless Roads
Driving with a disability: Leg
and Maritime approves operation with the pedals in their normal position).
disabilities

VIC: VicRoads
A person who has no functional use of their right foot or leg needs to use a

left foot accelerator unless they can demonstrate appropriate control by
Guidelines for Occupational Therapy
use of prosthesis (if relevant). VicRoads will not test an applicant if the left
(OT) Driver Assessors.
foot is used to operate an accelerator fitted to the right of the brake pedal.

Where an additional accelerator pedal is fitted to the left of the existing
brake pedal, both the right and left accelerator pedal must be
independently capable of being rendered inoperable.

QLD: Department of Transport and
While there are no requirements which specifically cover the location of a
Main Roads
left foot brake or accelerator pedal, attention should be paid to the
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Australian State & Link to information
regarding the left accelerator
Summary of requirement
requirement

operator’s needs. Due care should also be taken to ensure there is sufficient
Queensland Code of Practice Vehicle
clearance from the brake pedal, to reduce the risk of the driver accidentally
Modifications Version 4.2 | February
depressing the incorrect pedal. Where a vehicle is fitted with an additional
2020
accelerator pedal, the accelerator pedal not in use must be able to be: fitted

with a cover; or, folded away; or disconnected/rendered inoperative.

WA: Department of Transport Western
Not found
Australia

SA: Department of Planning, Transport
Not found
and Infrastructure South Australia

TAS: Department of State Growth
Not found
Tasmania

NT: Department of Transport Northern
Not found
Territory

ACT: Road Transport Authority
Not found
Australian Capital Territory

Number of Lessons: Adults re-learning to drive with a left
accelerator in auto car (rather than a right one) as an existing
driver

No research or statistics could be sourced indicating the number of lessons required for adults re‐
learning to drive with a left foot accelerator in auto car as an existing driver.

Number of Lessons: maximum number of driving lessons
funded by other funding agencies

Other than a Victorian program funded by TAC, no evidence from other funding agencies could be
found indicating a maximum number of driving lessons.
Traffic Accident Commission L2P Program

The TAC L2P Program is a state wide program funded by the TAC that matches young learner drivers
with supervising driver mentors. The purpose of the program is to enable the learner driver to meet
the mandated 120 hours of driving practice required to gain a probationary licence.
Participants are eligible for up to 7 professional driving lessons from a registered driving instructor.
[3]

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Funding learner driving lessons for other funding agencies

Traffic Accident commission TAC

TAC do not indicate the number of lessons or hours of instruction they will fund.
TAC pay the reasonable cost of a driving program, when recommended by an occupational therapist
and overseen by a qualified driving instructor, in the following circumstances:
  The transport accident injury imposes physical, psychological or cognitive restrictions on
your client, and

  Driving and participation will enable your client to commence, or return to, safe and
competent driving.
TAC can pay for:

  driving instructor fees.
  lessons and training on how to use adaptations in modified vehicles.
  travel for a specialised driving instructor when:
o  your client with special needs requires a suitably modified vehicle, and
o  an instructor with the necessary skills and experience is not located near your
client’s home.
TAC will not pay for:
  driving lessons for your client if their driver’s licence or learner permit is under suspension or
has been cancelled for reasons which are not directly related to their transport accident
injuries
  driving permit and licence fees
  driving programs that are not conducted safely
  driving programs conducted by an occupational therapist with no specialist training in driver
assessment [4]

TAC Driving assessment (Instructor) services provided on or after 1 July 2020 [5]
Service Description
TAC Item Number
Maximum Payment Rate
Driving Assessment By Driving School ‐ Driving Instructor Fees
For 30 Minutes
ED0015*
$51.70
For 45 Minutes
ED0015*
$77.55
For 60 Minutes
ED0015*
$103.39

Pro‐Rata For Longer Periods


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Department of Veteran Affairs (DVA)

No evidence could be found with regard to funding for learner driving lessons.

Lifetime Support Scheme

No specific evidence could be found regarding learner driving lessons other than an indication that
the scheme “facilitated driving lessons and modifications to a vehicle” for a SCI participant [6], and
that another participant is “is undergoing lessons to learn how to drive a modified vehicle”. [7]

Cohorts

Although an extensive search was not carried out with regard to particular disability cohorts and
driving education, there appears to be some research available in this area on learning methods,
which may give insight into the number of hours/lesson requirements.
For example a study on learner drivers with cerebral palsy suggested a need for better methods for
teaching CP learners search strategies, as problems increased for CP learners in those parts of
training where high demands are set on visual search abilities. [8]
A 2017 study set out to explore the facilitators or barriers to driving education experienced by
individuals with ASD or ADHD who obtained a learner’s permit, from the perspective of the learner
drivers and their driving instructors. It found that driving license theory was more challenging for
individuals with ADHD, whilst individuals with ASD found translating theory into practice and
adjusting to “unfamiliar” driving situations to be the greatest challenges. [9]

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References

[1]
Australian Driver Licensing. https://austroads.com.au/drivers‐and‐vehicles/registration‐
and‐licensing/australian‐driver‐licensing. Accessed 9 July 2020.
https://austroads.com.au/drivers‐and‐vehicles/registration‐and‐licensing/australian‐
driver‐licensing

[2]
The Centre for Accident Research & Road Safety Queensland(CARRS), How would
changing driver training in the Queensland licensing system affect road safety?:
Deliverable 3: Evidence‐based driver education policy options, 2013,
https://www.tmr.qld.gov.au/‐/media/Safety/roadsafety/Road‐safety‐research‐
reports/report‐3‐evidence.pdf?la=en

[3]
TAC. VicRoads and TAC Win Health Award for Learner Driver Mentor Program.
http://www.tac.vic.gov.au/about‐the‐tac/media‐and‐events/news‐and‐events/2013‐
media‐releases/vicroads‐and‐tac‐win‐health‐award‐for‐learner‐driver‐mentor‐program.
Accessed 14 July 2020.

[4]
TAC. Driving Instructor Guidelines. http://www.tac.vic.gov.au/providers/working‐with‐
tac‐clients/guidelines/provider‐guidelines/driving‐instructor‐guideline. Accessed 14 July
2020.

[5]
TAC. Driving Assessment (Instructor) Fees.
http://www.tac.vic.gov.au/providers/invoicing‐and‐fees/fee‐schedule/driving‐
assessment‐instructor. Accessed 14 July 2020.

[6]
Richard Davis | Lifetime Support Authority – South Australia.
https://lifetimesupport.sa.gov.au/participants/participant‐stories/richard‐davis/.
Accessed 15 July 2020.

[7]
Peter Norde | Lifetime Support Authority – South Australia.
https://lifetimesupport.sa.gov.au/participants/participant‐stories/peter‐norde/.
Accessed 15 July 2020.

[8]
Falkmer, Torbjörn, and Nils Petter Gregersen. “Fixation Patterns of Learner Drivers with
and without Cerebral Palsy (CP) When Driving in Real Traffic Environments.”
Transportation Research Part F: Traffic Psychology and Behaviour, vol. 4, no. 3, Sept.
2001, pp. 171–85. ScienceDirect,
https://www.sciencedirect.com/science/article/abs/pii/S1369847801000213

[9]
“Experiences of Facilitators or Barriers in Driving Education from Learner and Novice
Drivers with ADHD or ASD and Their Driving Instructors.” Autism CRC, 29 July 2015,
https://www.autismcrc.com.au/knowledge‐centre/publications/experiences‐facilitators‐
or‐barriers‐driving‐education‐learner‐and

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