Document ID: chunk:federal_register_of_legislation:F2024C00843:reg:15fa
Version: federal_register_of_legislation:F2024C00843
Segment Type: reg
Provision Reference: reg 15FA
Character Range: 48328–50880

15FA  Requirements for the use of any restrictive practice
 (1) The following requirements apply to the use of any restrictive practice in relation to a care recipient:
 (a) the restrictive practice is used only:
 (i) as a last resort to prevent harm to the care recipient or other persons; and
 (ii) after consideration of the likely impact of the use of the restrictive practice on the care recipient;
 (b) to the extent possible, best practice alternative strategies have been used before the restrictive practice is used;
 (c) the alternative strategies that have been considered or used have been documented in the behaviour support plan for the care recipient;
 (d) the restrictive practice is used only to the extent that it is necessary and in proportion to the risk of harm to the care recipient or other persons;
 (e) the restrictive practice is used in the least restrictive form, and for the shortest time, necessary to prevent harm to the care recipient or other persons;
 (f) informed consent to the use of the restrictive practice, and how it is to be used (including its duration, frequency and intended outcome), has been given by:
 (i) the care recipient; or
 (ii) if the care recipient lacks the capacity to give that consent—the restrictive practices substitute decision‑maker for the restrictive practice;
 (fa) the use of the restrictive practice is in accordance with the informed consent mentioned in paragraph (f);
 (g) the use of the restrictive practice complies with any provisions of the behaviour support plan for the care recipient that relate to the use of the restrictive practice;
 (h) the use of the restrictive practice complies with the Aged Care Quality Standards set out in Schedule 2;
 (i) the use of the restrictive practice is not inconsistent with the Charter of Aged Care Rights set out in Schedule 1 to the User Rights Principles 2014;
 (j) the use of the restrictive practice meets the requirements (if any) of the law of the State or Territory in which the restrictive practice is used.
 (2) However, the requirements set out in paragraphs (1)(a), (b), (c), (f), (fa) and (g) do not apply to the use of a restrictive practice in relation to a care recipient if the use of the restrictive practice in relation to the care recipient is necessary in an emergency.
 (3) Subsection (2) applies only while the emergency exists.
Note: See section 15GB for other responsibilities of approved providers that apply if the use of a restrictive practice in relation to a care recipient is necessary in an emergency.