Aged Care Act 2024

The rules made for the purposes of section 162 relating to the use of restrictive practices in relation to an individual to whom a registered provider is delivering funded aged care services must:

require that a restrictive practice in relation to the individual is used only:

as a last resort to prevent harm to the individual or other persons; and

after consideration of the likely impact of the use of the practice on the individual; and

require that, to the extent possible, alternative strategies are used before a restrictive practice in relation to the individual is used; and

require that alternative strategies that have been considered or used in relation to the individual are documented; and

require that a restrictive practice in relation to the individual is used only to the extent that it is necessary and in proportion to the risk of harm to the individual or other persons; and

require that, if a restrictive practice in relation to the individual is used, it is used in the least restrictive form, and for the shortest time, necessary to prevent harm to the individual or other persons; and

require that informed consent is given to the use of a restrictive practice in relation to the individual; and

make provision for, or in relation to, the monitoring and review of the use of a restrictive practice in relation to the individual.

The rules made for the purposes of section 162 may make provision for, or in relation to, the persons or bodies who may give informed consent to the use of a restrictive practice in relation to an individual to whom a registered provider is delivering funded aged care services if that individual lacks capacity to give that consent.

The rules made for the purposes of section 162 may provide that a requirement prescribed by those rules does not apply if the use of a restrictive practice in relation to an individual to whom a registered provider is delivering funded aged care services is necessary in an emergency.

Subsections (1), (2) and (3) do not limit the matters that may be prescribed by the rules made for the purposes of section 162.