The definition
The NDIS (Restrictive Practices and Behaviour Support) Rules 2018 define seclusion as the sole confinement of a person with disability in a room or a physical space at any hour of the day or night where voluntary exit is prevented, or not facilitated, or it is implied that voluntary exit is not permitted.
Three parts matter. The person is alone. They are in a defined space. And they cannot freely leave, whether because a door is locked, nobody will help them out, or they have been told or led to believe they must stay.
Types of seclusion
The NDIS Quality and Safeguards Commission's August 2026 sub type definitions describe these forms:
- Seclusion to a room: a person is confined alone in a room and cannot freely leave, including when they believe they cannot leave
- Seclusion to a yard or outside: a person is confined alone outdoors, with doors or gates locked to stop them leaving or coming back in
- Seclusion to a setting or premises: a person is alone inside a house or other setting and cannot freely exit. This includes staff withdrawing to a staff room because of a risk of harm, leaving the person alone and unable to leave
What is not seclusion
Choosing to spend time alone in your room for privacy or an activity is not seclusion. Neither is choosing to sit outside on your own.
If other people are present but the person cannot leave the house, that is usually environmental restraint rather than seclusion. The Commission's test is whether the person is physically alone and unable to freely leave the space.
States and territories that ban seclusion of children
The Disability Royal Commission recommended that all states and territories immediately prohibit seclusion of children and young people in disability service settings. On 25 November 2024 the Victorian Senior Practitioner issued a direction prohibiting seclusion of people with disability under 18. It applies to all disability service providers and registered NDIS providers in Victoria.
The Victorian government says this brought Victoria into line with New South Wales and the Northern Territory, which already prohibit seclusion for people under 18. Rules differ in other states and territories, so check with your local authorisation body.
The rules for using it with adults
Where seclusion is not prohibited, it may only be used under the same conditions as every regulated restrictive practice:
- As a last resort, in response to a risk of harm to the person or others
- As the least restrictive option, proportionate to the risk, for the shortest possible time
- Set out in a behaviour support plan written by an NDIS behaviour support practitioner
- Authorised where the state or territory requires it
- By a registered NDIS provider only, with each use reported to the NDIS Commission
When seclusion becomes abuse or neglect
The Commission warns that seclusion which denies a person's basic needs may be abuse or neglect. Things like food, water and a toilet are basic needs. The Commission also warns that seclusion outside can cause harm depending on the time of day, the weather and the person's access to basic facilities.
Any seclusion that is not authorised, or does not follow the behaviour support plan, is an unauthorised restrictive practice and must be reported to the Commission as a reportable incident.
What families and participants can do
Ask whether seclusion is in the behaviour support plan, whether it is authorised, how long it can last, how the person's needs are met during it, and what the plan does to stop it being needed. You can ask for the plan to be reviewed at any time if circumstances change.
If you think seclusion is being used without authorisation, on a child where it is banned, or in a way that harms someone, contact the NDIS Commission on 1800 035 544. If someone is in immediate danger, call 000.