Document ID: chunk:federal_register_of_legislation:F2024C01167:clause:1_15gc
Version: federal_register_of_legislation:F2024C01167
Segment Type: clause
Provision Reference: sch 1 cl 15GC
Character Range: 21604–23175

15GC  Responsibilities relating to nominations of restrictive practices nominees

Preventing coercion and duress
 (1) An approved provider must take reasonable steps to ensure that:
 (a) a care recipient to whom the approved provider provides aged care is not subject to coercion or duress in making, varying or revoking a nomination under section 5A; and
 (b) an individual nominated under section 5A (whether as an individual or as a member of a group) is not subject to coercion or duress in agreeing as mentioned in paragraph 5A(2)(b) or (3)(b), or in withdrawing that agreement.

Assisting care recipients
 (2) If a care recipient nominates an individual under section 5A (whether as an individual or as a member of a group), the approved provider of the aged care service through which aged care is provided to the care recipient must assist the care recipient to:
 (a) notify the individual of the nomination; and
 (b) give the individual a copy of the nomination; and
 (c) seek the individual's agreement as mentioned in paragraph 5A(2)(b) or (3)(b).

Keeping records
 (3) If a care recipient nominates an individual under section 5A (whether as an individual or as a member of a group), the approved provider of the aged care service through which aged care is provided to the care recipient must keep a record of:
 (a) the nomination; and
 (b) whether the individual has agreed as mentioned in paragraph 5A(2)(b) or (3)(b); and
 (c) if the individual has agreed as mentioned in paragraph 5A(2)(b) or (3)(b)—whether the individual has withdrawn that agreement.