Document ID: chunk:federal_register_of_legislation:C2025C00122:section:2:p30
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 2 (pt 30/53)
Character Range: 413142–415919

the matters that may be specified in the Quality of Care Principles made for the purposes of paragraph 54‑1(1)(f).

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.

Part 4.2—User rights

Division 55—Introduction

55‑1  What this Part is about
      A person who is an approved provider in respect of an *aged care service has general responsibilities to users, and proposed users, of the service who are approved as care recipients of the type of *aged care in question. Failure to meet those responsibilities may lead to sanctions being imposed under Part 7B of the *Quality and Safety Commission Act.

Table of Divisions
55 Introduction
56 What are the general responsibilities relating to user rights?
59 What are the requirements for resident agreements?
61 What are the requirements for home care agreements?
62 What are the responsibilities relating to protection of personal information?

55‑2  The User Rights Principles
  User rights are also dealt with in the User Rights Principles. The provisions of this Part indicate where a particular matter is or may be dealt with in these Principles.
Note: The User Rights Principles are made by the Minister under section 96‑1.

Division 56—What are the general responsibilities relating to user rights?

56‑1  Responsibilities of approved providers—residential care
  The responsibilities of an approved provider in relation to a care recipient to whom the approved provider provides, or is to provide, residential care are as follows:
 (a) if the care recipient is not a *continuing care recipient:
 (i) to