Document ID: chunk:federal_register_of_legislation:F2024C01167:clause:1_5b
Version: federal_register_of_legislation:F2024C01167
Segment Type: clause
Provision Reference: sch 1 cl 5B
Character Range: 8714–10586

5B  Meaning of restrictive practices substitute decision‑maker
 (1) An individual or body is the restrictive practices substitute‑decision maker for a restrictive practice in relation to a care recipient if the individual or body has been appointed, under the law of the State or Territory in which the care recipient is provided with aged care, as an individual or body that 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.
 (2) The following table has effect if:
 (a) there is no such individual or body appointed for the restrictive practice in relation to the care recipient under the law of the State or Territory in which the care recipient is provided with aged care; and
 (b) either:
 (i) there is no clear mechanism for appointing such an individual or body under the law of the State or Territory; or
 (ii) an application has been made for an appointment under the law of the State or Territory in relation to the use of the restrictive practice in relation to the care recipient, but there is a significant delay in deciding the application.

Meaning of restrictive practices substitute decision‑maker
Item                                                        Column 1                                                                                                                                                                                                Column 2
                                                            For a restrictive practice in relation to the care recipient, if …                                                                                                                                      the restrictive practices substitute decision‑maker for that restrictive practice in relation to the care recipient is …