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Aged Care and Other Legislation Amendment (Royal Commission Response No. 1) Bill 2021 (Cth)

Updated: Sep 15, 2021

Defining Restrictive Practices

This definition is more closely aligned with that used in the National Disability Insurance Scheme and is notably broader than the language previously used in the Act. In particular, the new definition includes practices or interventions that restrict the rights of a care recipient.

he Bill also creates new requirements for aged care providers. The Bill states aged care providers must only use restrictive practices in the circumstances set out in the Quality of Care Principles. The Bill then sets out the following new requirements to be included in the Quality of Care Principles:

  • restrictive practices are only to used:

  • as a last resort to prevent harm to the recipient; and

  • after consideration of the likely impact of the use of the practice on the care recipient; and

to the extent possible, alternative strategies are used before a restrictive practice in relation to a care recipient is used; and

  • alternative strategies that have been considered or used in relation to a care recipient are documented; and

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

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

  • informed consent is given to the use of a restrictive practice in relation to a care recipient; and

  • the use of a restrictive practice in relation to a care recipient is not inconsistent with any rights and responsibilities of care recipients that are specified in the User Rights Principles.

Organisations should also note that the Bill also allows the Aged Care Quality and Safety Commission to issue compliance notices to approved providers if it suspects they are not complying with the new requirements.

Please click here to access the full Bill.




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