An exposure draft of the Quality of Care Amendment (Restrictive Practices) Principles 2022 is now available for review.
The draft legislative instrument proposes changes to the Quality of Care Principles 2014 to set out a hierarchy of persons or bodies authorised to give informed consent for older Australians in residential aged care. This only applies if the resident cannot give informed consent themselves.
As part of the changes included under the recently passed Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022, this draft instrument seeks to provide greater certainty in states and territories where laws do not allow another person or body to give informed consent to the use of restrictive practices on the behalf of a resident.
Without clear arrangements, aged care service providers cannot use restrictive practices in certain circumstances where appropriate. This may lead to harm to a resident and others.
Comments on the draft instrument can be emailed to agedcareprotections@health.gov.au by 5pm AEST Thursday 15 September 2022.
For further information visit the restrictive practices in aged care webpage.