Decision Maker Framework for when People in Aged Care need Drugging and/or Restraining
Aged Care Restrictive Practices Substitute Decision-maker Bill 2024
1st House
2nd House
Law
Effects of Bill:
This bill being passed means that:
Restrictive practices are allowed only under strict conditions:They must be the least restrictive option available; They can only be used if there is a risk of harm to the care recipient or others; Health practitioners must document the necessity for restrictive practices in a care plan; The need for the practice must be continuously assessed, and it should only be used for the shortest duration necessary
The bill provides a framework that defines who can act as a substitute decision-maker when the care recipient is incapable of providing consent. This could follow a hierarchy similar to the Medical Treatment Planning and Decisions Act 2016, where relatives or legal guardians can make decisions. However, it ensures that the person's wishes are considered as much as possible
There will now be immunity from criminal or civil liability for care providers who apply restrictive practices with valid consent from a substitute decision-maker
In emergency situations where immediate action is needed to prevent harm, the usual consent requirements may be bypassed, but the substitute decision-maker must be informed as soon as practicable afterward
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