The Federal Department of Health and Aged Care has made a new exposure draft of the Quality of Care Amendment (Restrictive Practices) Principles 2022 available for review.

The draft, available online, puts forward changes to the Quality of Care Principles 2014 to establish a hierarchy of people or bodies that can give informed consent for aged care residents, assuming the residents are unable to give consent themselves.

“As part of the changes included under the recently passed Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022, this draft instrument seeks to provide greater certainty in states and territories where laws do not allow another person or body to give informed consent to the use of restrictive practices on the behalf of a resident.

“Without clear arrangements, aged care service providers cannot use restrictive practices in certain circumstances where appropriate. This may lead to harm to a resident and others,” the Department said.

The draft is available for review until 5pm AEST Thursday 15 September 2022; comments can be emailed to agedcareprotections@health.gov.au.