Aged Care Act 2024 (Australia)
Conditions of registration: restrictive practices – Aged Care Act 2024 (Australia)

Aged Care Act 2024 (Australia) 162-use: Section 162 and Rules 162-15 to 162-40: use restrictive practices only as a regulated last resort

A residential care provider (Rules 162-5) may use a restrictive practice only as a last resort to prevent harm after considering its impact, after best-practice alternatives documented in the behaviour support plan, only as far as necessary and proportionate, in the least restrictive form for the shortest time, with informed consent (from the individual or, lacking capacity, the restrictive practices substitute decision-maker) to the practice and how it is used, in line with that consent and the plan, and consistently with the Quality Standards, the Code of Conduct, the Statement of Rights and State or Territory law (162-15). Non-chemical restraint needs an approved health practitioner with day-to-day knowledge to assess risk and necessity, documented in the plan (162-20); chemical restraint needs a medical or nurse practitioner's assessment, prescription and informed consent to prescribing, with the details documented and use exactly as prescribed (162-25). While in use the provider monitors distress, side effects, mood, wellbeing and function, reviews necessity and effectiveness, adjusts the environment and informs the prescriber (162-30). After emergency use it informs the substitute decision-maker and documents behaviours, alternatives, reasons and care (162-35). It must prevent coercion in nominating substitute decision-makers, help with nominations and keep records of them (162-40).

Maintained by Gerard Blokdyk

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