Document ID: chunk:federal_register_of_legislation:F2024C00843:reg:5a:p1
Version: federal_register_of_legislation:F2024C00843
Segment Type: reg
Provision Reference: reg 5A (pt 1/2)
Character Range: 16913–19618

5A  Nominating restrictive practices nominees
 (1) Restrictive practices nominee, for a restrictive practice in relation to a care recipient, means:
 (a) if there is only a single individual nominee for the restrictive practice in relation to the care recipient—that individual nominee; or
 (b) if there is only a nominee group for the restrictive practice in relation to the care recipient—that nominee group; or
 (c) if there is more than one individual nominee, or a nominee group and one or more individual nominees, for the restrictive practice in relation to the care recipient—the individual nominee or nominee group (as applicable) that takes precedence (see paragraph (9)(a)).
 (2) Individual nominee, for a restrictive practice in relation to a care recipient, means an individual:
 (a) who has been nominated by the care recipient, in accordance with this section, as an individual who can give informed consent to the use of the restrictive practice in relation to the care recipient if the care recipient lacks capacity to give that consent; and
 (b) who has agreed, in writing, to the nomination (and has not withdrawn that agreement); and
 (c) who has capacity to give the informed consent mentioned in paragraph (a).
 (3) Nominee group, for a restrictive practice in relation to a care recipient, means a group of individuals:
 (a) who have been nominated by the care recipient, in accordance with this section, as a group of individuals who can jointly give informed consent to the use of the restrictive practice in relation to the care recipient if the care recipient lacks capacity to give that consent; and
 (b) each of whom has agreed, in writing, to the nomination (and has not withdrawn that agreement); and
 (c) each of whom has capacity to give the informed consent mentioned in paragraph (a).
 (4) A care recipient may make, vary or revoke a nomination only if the care recipient has capacity to do so.
 (5) A nomination, or a variation or revocation of a nomination, must be made in writing.
 (6) A nomination (or varied nomination) of a group may nominate not more than 3 individuals as members of the group.
 (7) A nomination (or varied nomination) may include only one nomination of a group.
 (8) An individual may be nominated as an individual, or as a member of a group, but not both.
 (9) If a nomination (or a varied nomination) nominates more than one individual nominee, or both one or more individual nominees and a nominee group, the nomination (or varied nomination) must:
 (a) state the order of precedence in which the individual nominees and nominee group (as applicable) are nominated; and
 (b) if a nominee group is nominated—state the rules that will apply if