Key messages
The Aged Care Restrictive Practices (Substitute Decisionmaker) Bill 2024 provides substitute decision-making arrangements for the use of restrictive practices in all Victorian residential aged care homes.
On 15 October 2024, the Victorian Government introduced the Bill into Parliament. The Legislative Assembly and Legislative Council will consider the Bill in the coming weeks.
This Bill responds to Commonwealth Government reforms that rely on state and territory laws to clarify who can act as a substitute decision-maker to consent to the use of restrictive practices, on behalf of a person living in residential aged care who doesn’t have capacity to consent.
Restrictive practices can be:
- chemical restraint
- physical restraint
- mechanical restraint
- environmental restraint.
There are strict requirements for the use of restrictive practices in residential aged care. Informed consent needs to be given by the care recipient, or a substitute decision-maker if the care recipient lacks capacity to give that consent.
Informed by sector consultation, the Victorian Government is proposing to establish a hierarchy of substitute decision-makers similar to the Commonwealth's current interim arrangement. This means there will not be significant changes from current practices.
The Victorian Civil and Administrative Tribunal (VCAT) will provide oversight and have powers to appoint a decision maker (if necessary), or to make decisions. For example, if there is a dispute over a substitute decision-maker or no decision maker, VCAT will be able to intervene to ensure older people are safe from inappropriate decisions.
The Aged Care Restrictive Practices (Substitute Decision‐maker) Act 2024 will only apply in Victorian residential aged care services delivered under the Commonwealth's Aged Care Act 1997.
The Victorian Government is working to have legislation and the new requirements in place by 1 July 2025. Transitional arrangements for valid nominations made under Commonwealth legislation will apply to provide continuity.
More information will be available before the Bill takes effect. However if you have questions, you can email the Aged Care Policy team at Vic_AgedCare@health.vic.gov.au.
If you are living in residential aged care, or have loved ones in residential aged care, and want to know about informed consent for restrictive practices, speak to your facility or visit the Aged Care Quality and Safety Commission website.
Reviewed 16 October 2024
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