Document ID: chunk:federal_register_of_legislation:F2024C00843:reg:15gc
Version: federal_register_of_legislation:F2024C00843
Segment Type: reg
Provision Reference: reg 15GC
Character Range: 58915–60579

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 (c) if the individual has agreed as mentioned in paragraph 5A(2)(b) or (3)(b)—whether the individual has withdrawn that agreement.

Division 5—Other responsibilities of approved providers relating to behaviour support plans