Published: March 25, 2022
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Senate to debate proposed restrictive practices amendments

Published by: Victor Harcourt, Anita Courtney, Johanna Heaven, Matthew Goessler, Despina Hrambanis

In September 2021, the second tranche of legislative reform stemming from the Royal Commission into Aged Care Quality and Safety (Royal Commission) was introduced to Federal Parliament. Importantly, the Aged Care and Other Legislation Amendment (Royal Commission Response No. 2) Bill 2021 (The Bill) proposes further amendments to the restrictive practices provisions which were introduced in 2021.

As many providers are aware, the practical implementation of the restrictive practices amendments resulted in ambiguity in relation to the authorisation of substitute decision-makers to provide consent on behalf of care recipient for the use of restrictive practices.

With the Bill before Senate in the week starting 28 March 2022, it is timely for approved providers to consider whether changes are required at a compliance or clinical level if the Bill passes, as hoped.

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Senate to debate proposed restrictive practices amendments

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