A temporary decision-making hierarchy for the appointment of restrictive practices substitute decision-makers is in place until 1 December 2024. A new mechanism will be included in the new Aged Care Act in the future.

Providers can use this hierarchy in the meantime to ascertain the existence of a ‘restrictive practices substitute decision-maker’ for a consumer (RPSDM). If one of these five hierarchy pathways are fulfilled, an individual may be appointed as a restrictive practices nominee. An RPSDM is a person or body who can give informed consent on behalf of a resident to the use of a restrictive practice.

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How to appoint a ‘Restrictive Practices Nominee’ – the temporary hierarchy