Document ID: chunk:federal_register_of_legislation:C2022A00034:clause:9_3
Version: federal_register_of_legislation:C2022A00034
Segment Type: clause
Provision Reference: sch 9 cl 3
Character Range: 191471–192772

3  At the end of Division 54
Add:

54‑11  Immunity from civil or criminal liability in relation to the use of a restrictive practice in certain circumstances
 (1) This section applies if:
 (a) an approved provider provides aged care of a kind specified in the Quality of Care Principles made for the purposes of paragraph 54‑1(1)(f) to a care recipient; and
 (b) a *restrictive practice is used in relation to the care recipient; and
 (c) the care recipient lacked capacity to give informed consent to the use of the restrictive practice.
 (2) A *protected entity is not subject to any civil or criminal liability for, or in relation to, the use of the *restrictive practice in relation to the care recipient if:
 (a) informed consent to the use of the restrictive practice was given by a person or body specified in the Quality of Care Principles made for the purposes of this paragraph; and
 (b)  the restrictive practice was used in the circumstances set out in the Quality of Care Principles made for the purposes of paragraph 54‑1(1)(f).
 (3) Each of the following is a protected entity:
 (a) the approved provider referred to in paragraph (1)(a);
 (b) an individual who used, or assisted in the use of, the *restrictive practice in relation to the care recipient referred to in that paragraph.