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Appointment as a restrictive practices substitute decision-maker
Apply to be appointed as a restrictive practices substitute-decision maker.
Who is a restrictive practices substitute decision-maker?
A restrictive practices substitute decision-maker is an individual, appointed under the law of Victoria, to provide informed consent to the use of restrictive practices in relation to a care recipient if the care recipient lacks capacity to give consent.
Who can apply?
A person over 18 years old can apply to VCAT to be appointed as a restrictive practices substitute decision-maker for a care recipient.
When to apply?
You can apply to VCAT for an order that you be appointed as a restrictive practices substitute decision-maker if there is no restrictive practices nominee or temporary decision-maker available and willing to make a decision.
Who cannot be a restrictive practices substitute decision-maker?
The following people cannot be a restrictive practices substitute decision-maker:
- an employee or agent of the aged care provider
- someone under 18 years old
- someone who has been involved in the development or implementation of the behaviour support plan
- someone convicted of committing a crime against the aged care recipient (other than a spent conviction)
- someone subject to a family violence intervention order (FVIO) concerning the care recipient
- someone not willing or able to make a decision.
What does a restrictive practices substitute decision-maker do?
A Restrictive Practices Substitute Decision-maker only decides on whether or not to consent to the use of restrictive practices on a care recipient in a residential aged care setting under the Aged Care Act 2024 (Cth). A Restrictive Practices Substitute Decision-maker does not make decisions relating to medical treatment, financial matters or lifestyle matters, and cannot consent to the use of restrictive practices in other settings outside residential aged care.
Cases we can't help with
We can’t accept:
- some cases where one party lives in another state or is a Commonwealth government organisation
- cases heard under federal law instead of Victorian law.
Documents you need to apply
You should provide a copy of the care recipient’s behaviour support plan and any other relevant documentation with your application.
Time limits
No time limitations apply to make this application.
Apply
Contact us to get support. We can explain the application process and what the form is asking you for.
We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want. Seek legal help if you are unsure about your options or need advice about your claim.
Watch our video on how to apply and manage your application.
Can't apply online? Use our print-friendly application form.
Do I need a lawyer or professional representative?
You do not need to have legal or other professional representation to appear at VCAT. If you want to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.
Be aware that the regulatory body in most cases uses legal representation.
Find legal services that may be able to assist you.
Access and privacy
VCAT hearings and files are accessible by the public unless orders are made or the law states otherwise.
VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.
Legislation that applies to this type of case
- Aged Care Restrictive Practices Substitute Decision-maker Act 2024
- Victorian Civil and Administration Tribunal Act 1998.
Organisations that may be able to help you
VCAT can't offer you legal advice. Below are organisations that may be able to help with your case.
Visit the Department of Health’s website for more information on the appointment of a restrictive practices substitute decision-maker in Victoria.