{"id":"sr:aged-care-restrictive-practices-substitute-decision-maker-regulations-2025","name":"Aged Care Restrictive Practices Substitute Decision-maker Regulations 2025","slug":"aged-care-restrictive-practices-substitute-decision-maker-regulations-2025","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184352,"registerId":"vic-sr:aged-care-restrictive-practices-substitute-decision-maker-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Aged Care Restrictive Practices Substitute Decision-maker Regulations 2025","content":"Version No. 001\n\n**Aged Care Restrictive Practices Substitute Decision-maker Regulations 2025**\n\n**S.R. No. 86/2025**\n\nVersion as at  \n10 September 2025\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Definition 1\n\n5 Nomination of restrictive practices nominee 1\n\n6 Revocation of nomination of restrictive practices nominee 2\n\nSchedule 1—Forms 3\n\n═════════════\n\nEndnotes 7\n\n1 General information 7\n\n2 Table of Amendments 9\n\n3 Explanatory details 10\n\n**Version No.** **001**\n\n**Aged Care Restrictive Practices Substitute Decision-maker Regulations 2025**\n\n**S.R. No. 86/2025**\n\nVersion as at  \n10 September 2025\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe forms for the purposes of the **Aged Care Restrictive Practices Substitute Decision-maker Act 2024**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 21 of the **Aged Care Restrictive Practices Substitute Decision-maker Act 2024**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 10 September 2025.\n\n\t4 Definition\n\nIn these Regulations—\n\n***the Act***  means the **Aged Care Restrictive Practices Substitute Decision-maker Act 2024**.\n\n\t5 Nomination of restrictive practices nominee\n\nFor the purposes of section 5 of the Act, a nomination of a restrictive practices nominee may be in the form set out in Form 1 of Schedule 1.\n\n\t6 Revocation of nomination of restrictive practices nominee\n\nFor the purposes of section 6 of the Act, a revocation of a nomination of a restrictive practices nominee may be in the form set out in Form 2 of Schedule 1.\n\nSchedule 1—Forms\n\nFORM 1\n\nNOMINATION OF RESTRICTIVE PRACTICES NOMINEE\n\nRegulation 5\n\nFull name of person making the nomination:\n\nDate of birth of person making the nomination:\n\nResidential address of person making the nomination:\n\nNOMINATION\n\n**I nominate** [*insert name of nominee*] of [*insert residential address of nominee*] to be my restrictive practices nominee under section 5 of the **Aged Care Restrictive Practices Substitute Decision-maker Act 2024**.\n\nIn signing this nomination form, **I confirm** that:\n\n- I am 18 years of age or older; and\n- I have decision-making capacity at the time of making this nomination to make this nomination; and\n- I understand the nature and effect of this nomination.\n\n\nMy preferences and values regarding the use of restrictive practices are: [*insert preferences and values or \"Nil\"*].\n\n**Signed:** [*signature of person making the nomination*]  \n\nDate:\n\nDESCRIPTION OF ASSISTANCE PROVIDED (if any)\n\n**Assisted** by:\n\nFull name of person assisting:\n\nAddress of person assisting:\n\n**I confirm** that I provided the following assistance to the person making this nomination: [*insert description. For example, translation assistance, assistance with writing or reading*]\n\n**Signed:** [*signature of person who assisted the person making the nomination*]\n\nDate:\n\nCERTIFICATE OF WITNESS\n\n**Witnessed** by:\n\nFull name of witness:\n\nAddress of witness:\n\n**I certify** that:\n\n- at the time of signing this document, the person making this nomination:\n- appears to me to have decision-making capacity; and\n- appears to me to understand the nature and consequences of making the nomination;\n- appears to me to freely and voluntarily sign this document;\n- I am not the person named in this nomination as the restrictive practices nominee;\n- I am not a relative of the person making this nomination; and\n- I am not an employee or agent of an approved provider that provides aged care to the person making this nomination.\n\n\n**Signed:** [*signature of witness who must be an authorised affidavit taker*]\n\nCapacity in which authorised affidavit taker has authority to witness this nomination:\n\nDate:\n\nFORM 2\n\nREVOCATION OF NOMINATION OF RESTRICTIVE PRACTICES NOMINEE\n\nRegulation 6\n\nFull name of person revoking the nomination:\n\nDate of birth of person revoking the nomination:\n\nResidential address of person revoking the nomination:\n\nREVOCATION\n\n**I revoke the nomination** of [*insert name of restrictive practices nominee*] of [*insert residential address of nominee*] under section 6 of the **Aged Care Restrictive Practices Substitute Decision-maker** **Act 2024**.\n\nIn signing this revocation form, **I certify** that:\n\n- I have decision-making capacity at the time of making this revocation to revoke the nomination; and\n- I understand the nature and effect of this revocation.\n\n\n**Signed:** [*signature of person revoking the nomination*]  \n\nDate:\n\nDESCRIPTION OF ASSISTANCE PROVIDED (if any)\n\n**Assisted** by:\n\nName of person assisting:\n\nAddress of person assisting:\n\n**I confirm** that I provided the following assistance to the person making the revocation: [*insert description. For example, translation assistance, assistance with writing or reading*]\n\n**Signed:** [*signature of person who assisted the person making the revocation*]\n\nDate:\n\nCERTIFICATE OF WITNESS\n\n**Witnessed** by:\n\nName of witness:\n\nAddress of witness:\n\n**I** **certify** that:\n\n- at the time of signing this document, the person revoking the nomination:\n- appears to me to have decision-making capacity; and\n- appears to me to understand the nature and consequences of making the revocation;\n- appears to me to freely and voluntarily sign this document;\n- I am not the person named in this revocation as the restrictive practices nominee;\n- I am not a relative of the person making this revocation; and\n- I am not an employee or agent of an approved provider that provides aged care to the person making this revocation.\n\n\n**Signed:** [*signature of witness who must be an authorised affidavit taker*]\n\nCapacity in which authorised affidavit taker has authority to witness this nomination:\n\nDate:\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Aged Care Restrictive Practices Substitute Decision-maker Regulations 2025, S.R. No. 86/2025 were made on 2 September 2025 by the Governor in Council under section 21 of the **Aged Care Restrictive Practices Substitute Decision-maker Act 2024**, No. 49/2024 and came into operation on 10 September 2025: regulation 3.\n\nThe Aged Care Restrictive Practices Substitute Decision-maker Regulations 2025 will sunset 10 years after the day of making on 2 September 2035 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Aged Care Restrictive Practices Substitute Decision-maker Regulations 2025 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulations appear consistent with their stated purpose — governing substitute decision-making for restrictive practices in aged care. However, the absence of substantive regulatory content means it is not possible to definitively assess whether scope shifted from the original drafting intent."},"complexity_factors":["Intersects with multiple legal frameworks including aged care law, guardianship law, and mental capacity law across different Australian states and territories","The concept of 'substitute decision-maker' varies by jurisdiction, adding layers of complexity for national application","Restrictive practices themselves are defined across multiple categories (physical, chemical, environmental, mechanical, seclusion) each with potentially different rules","Only version history metadata was provided — the actual regulatory content is unavailable, making full assessment impossible","Operates as subordinate legislation (regulations) under a parent Act, requiring cross-referencing to understand full effect","Touches on sensitive human rights considerations including bodily autonomy and dignity, which can involve contested legal principles","Likely requires coordination with state and territory guardianship tribunals and appointed decision-makers"],"plain_english_summary":"These regulations set who may legally consent to restrictive practices—like physical restraints, chemical sedation, or locked environments—on aged care residents who lack capacity. They tell families, guardians and providers who can act as a substitute decision‑maker and require proper authorisation before such measures are used.\n\nAs part of aged care reform, the rules protect vulnerable residents by preventing unaccountable or inappropriate use of restraints."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing forms for nominating and revoking restrictive practices nominees under the parent Act. There is no scope creep or expansion beyond this specific administrative function."},"complexity_factors":["Only 6 regulations total, with minimal conditional logic","Single defined term ('the Act') in the interpretation section","No cross-references to other legislation beyond the parent Act","Straightforward structure: objective, definitions, two operative provisions prescribing forms, then schedules","Forms are standard administrative templates with clear fields and declarations","No exceptions, exemptions, or nested conditional provisions","Sunset clause and standard endnote material are routine administrative provisions"],"plain_english_summary":"These regulations create official forms for older Australians receiving aged care to nominate someone to make decisions about restrictive practices on their behalf.\n\n**What are restrictive practices?**\nThese are interventions that limit a person's freedom of movement or access to their body — things like physical restraint, chemical restraint (medication), or seclusion. They're sometimes used in aged care for safety reasons, but they significantly affect a person's rights.\n\n**What do these regulations do?**\nThey prescribe two official forms:\n\n- **Form 1**: Lets an older person nominate a \"restrictive practices nominee\" — someone who can consent to or refuse restrictive practices if the older person loses decision-making capacity (the ability to understand and make decisions about their own care).\n- **Form 2**: Lets an older person cancel (revoke) that nomination if they change their mind.\n\n**Who do they affect?**\n- Older Australians in aged care who want to plan ahead for who makes decisions if they can't\n- Their chosen nominees (family members, friends, or advocates)\n- Aged care providers who must recognise these nominations\n- Authorised affidavit takers (people legally qualified to witness documents, like lawyers or Justices of the Peace) who must witness these forms\n\n**Why do they matter?**\nThese forms ensure that decisions about restricting someone's freedom are made by a person the older adult trusts — not just whoever happens to be available. The forms include safeguards: the person must have capacity when signing, must understand what they're doing, and an independent witness must confirm this. This protects vulnerable people from having their rights restricted without proper oversight."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Regulations do not change the substantive scope of the Aged Care Restrictive Practices Substitute Decision-maker Act 2024. They exercise the Act's s.21 power to prescribe forms for nominations and revocations (reg 2), and therefore only standardise the documentation and procedural requirements for actions already authorised by the Act (regs 5–6; Schedule 1)."},"complexity_factors":["Narrow subject-matter: regulations only prescribe forms (Objective, reg 1).","Legal dependence on the parent Act: forms operate solely for nominations and revocations under Act s.5 and s.6 (regs 5–6).","Detailed form requirements that create compliance steps for individuals: signature, age, capacity attestations and written preferences (Schedule 1, Form 1 & Form 2).","Witness and assistance rules that impose eligibility limits and evidentiary statements: witness must be an authorised affidavit taker and not a relative or provider employee/agent; assisted-person disclosures required (Schedule 1, Forms).","Low administrative discretion: forms are prescriptive rather than discretionary, reducing interpretive uncertainty but increasing strictness of procedural compliance (reg 5–6, Schedule 1).","Interaction risk with capacity assessments under the Act: forms require the person to ‘have decision‑making capacity’ at signing, creating reliance on third‑party judgments of capacity (Schedule 1, Forms).","Temporal & statutory housekeeping: clear commencement date and sunset provision noted in endnotes (reg 3; Endnotes).","Limited number of provisions (6 regs + schedule) keeps legal complexity low, but practical compliance (finding an authorised witness, documenting assistance) may be burdensome for some individuals (Schedule 1, Forms)."],"plain_english_summary":"This instrument prescribes the official nomination and revocation forms used under the Aged Care Restrictive Practices Substitute Decision-maker Act 2024. It sets the required content, witness qualifications and assistance statements for someone to appoint or revoke a restrictive practices nominee (see regs 1, 5–6 and Schedule 1).  It matters because it standardises how people in aged care and their nominees record capacity, preferences and witnessing, creating a single documentary route to make or undo nominations."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/aged-care-restrictive-practices-substitute-decision-maker-regulations-2025","history":"/api/acts/aged-care-restrictive-practices-substitute-decision-maker-regulations-2025/history","analysis":"/api/acts/aged-care-restrictive-practices-substitute-decision-maker-regulations-2025/analysis","conflicts":"/api/acts/aged-care-restrictive-practices-substitute-decision-maker-regulations-2025/conflicts","importantCases":"/api/acts/aged-care-restrictive-practices-substitute-decision-maker-regulations-2025/important-cases","documents":"/api/acts/aged-care-restrictive-practices-substitute-decision-maker-regulations-2025/documents"}}