Aged Care Restrictive Practices, A New Regime

The Aged Care Restrictive Practices Substitute Decision-maker Act 2024 (Vic) (the Act) came into effect on 1 July 2025. The Act will only apply to Victorian residents.

The Act allows you to nominate a Restrictive Practices Nominee (RPN) who can make decisions about restrictive practices on your behalf in an aged care setting.

What are Restrictive Practices?

Restrictive Practices include any practice or intervention that has the effect of restricting the rights or freedom of movement of a person in aged care including:

• chemical restraint;

• mechanical restraint;

• physical restraint;

• environmental restraint; and

• exclusion.

How do you nominate a RPN?

You appoint a RPN by completing a Nomination of a Restrictive Practices Substitute Decision-maker in Aged Care Form. This form must be witnessed by an authorised witness and can include a statement setting out your preferences regarding the use of restrictive practices in aged care. The document can only be made by a person who has decision-making capacity.

The Act does not allow you to list multiple RPNs, either together or in a cascading order. If you later wish to appoint a different person as your RPN, a separate formal revocation document must first be executed in front of an authorised witness before any further nomination can be made.

What if you don’t have a RPN appointed?

If you do not have a RPN, the Act provides that a ‘temporary restrictive practices substitute decision-maker’ will be appointed under the following hierarchy, being your:

1. spouse or domestic partner;

2. primary carer;

3. eldest child, followed by the other children in descending order of age if there are two or more adult children;

4. eldest parent;

5. youngest parent;

6. eldest sibling, followed by the other siblings in descending order of age if there are two or more adult siblings.

The temporary restrictive practices substitute decision-maker may be a person who you would not want to make decisions about restrictive practices for you (for example, a spouse who you are separated from, or an estranged child who is the eldest in age).

Powers of the Victorian Civil and Administrative Tribunal (VCAT)

VCAT will oversee the Act’s operation. Applications can be made to VCAT where there is no nominated RPN or temporary restrictive practices substitute decision-maker.

VCAT may consider an applicant as an appropriate RPN if they have an ongoing personal or professional relationship with the care recipient and are reasonably available and willing and able to act.

Orders may be made by VCAT as to whether any restrictive practices for a care recipient are appropriate, taking into account the statement of preferences and values of the care recipient and those which may be inferred by their life.

Are my existing powers of attorney sufficient?

These new powers do not fall within the scope of any appointments made in existing power of attorney or medical treatment decision maker documents.

If you are in aged care, or may enter into aged care in the near future, we recommend you make a Nomination of a Restrictive Practices Substitute Decision-Maker in Aged Care Form. This ensures that  the person you want to make decisions for you is appointed as your RPN and your values and wishes about restrictive practices in aged care are respected.

For further information please contact:

Daniela Pavlovic
Principal
T 03 5225 5227 | M 0417 014 455
E dpavlovic@ha.legal

Ronan Mathews
Associate
T 03 5225 5211
E rmathews@ha.legal