161Constitution of registered providers that are wholly‑owned subsidiary corporations

161  Constitution of registered providers that are wholly‑owned subsidiary corporations

Corporations under the Corporations Act 2001

 (a) a registered provider is a body corporate that is incorporated, or taken to be incorporated, under the Corporations Act 2001; and

 (b) the provider has a constitution (within the meaning of that Act); and

 (c) the provider is a wholly‑owned subsidiary (within the meaning of that Act) of another body corporate (the holding company); and

 (d) the holding company is not a registered provider;

it is a condition of registration that the registered provider must ensure that the constitution of the provider does not authorise a director of the provider to act in good faith in the best interests of the holding company.

Aboriginal and Torres Strait Islander corporations

 (2) If:

 (a) a registered provider is an Aboriginal and Torres Strait Islander corporation (within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006); and

 (b) the provider is a wholly‑owned subsidiary (within the meaning of that Act) of another body corporate (the holding company); and

 (c) the holding company is not a registered provider;

it is a condition of registration that the registered provider must ensure that the constitution of the provider does not authorise a director of the provider to act in good faith in the best interests of the holding company.

Subdivision H—Conditions relating to restrictive practices

162  Restrictive practices

  It is a condition of registration that a registered provider of a kind prescribed by the rules must comply with any requirements prescribed by the rules relating to the use of restrictive practices in relation to an individual to whom the provider is delivering funded aged care services.

163  Immunity from civil or criminal liability in relation to the use of a restrictive practice in certain circumstances

 (a) an entity is a registered provider to whom section 162 applies; and

 (b) a restrictive practice is used in relation to an individual; and

 (c) the individual 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 individual if, before 1 December 2026:

 (a) informed consent to the use of the restrictive practice was given by a person or body prescribed by the rules made for the purposes of this paragraph; and

 (b) the restrictive practice was used in accordance with any requirements prescribed by rules made for the purposes of section 162.