The Aged Care Restrictive Practices Substitute Decision-maker Act 2024 commenced on 1 July 2025.
The Act establishes how restrictive practices substitute decision-makers are identified and appointed in Victoria for the consent of restrictive practices in residential aged care, when an aged care resident does not have capacity.
A restrictive practices substitute decision-maker provides informed consent to the use of restrictive practices when an aged care resident does not have capacity to provide informed consent themselves.
Restrictive practices include chemical, physical, mechanical, environmental restraint and seclusion, used as a last resort to prevent harm to aged-care residents or others. They must be used in the least restrictive form.
Except in emergencies, the informed consent of the resident or their restrictive practices substitute decision-maker must be obtained before use of a restrictive practice.
The Act establishes a hierarchy of substitute decision-makers that aged care providers need to follow:
- Tier 1 – Nomination of a restrictive practices substitute decision-maker
- Tier 2 – Temporary restrictive practices substitute decision-maker
- Tier 3 – VCAT-appointed restrictive practices substitute decision-maker
- Tier 4 – VCAT as a restrictive practices substitute decision-maker of last resort
The legislation is quite detailed so we would encourage members to take time to understand the new requirements. This could include reviewing the resources available on the Victorian Department of Health’s website, complete any training that is available to you at your workplace and review your workplaces policies and procedures to ensure you are practicing in line with the legislation.
