What do you want to do ?
Consent to use restrictive practices
We can consent to the use of restrictive practices by an approved aged care provider, as a last resort.
Who can apply?
An approved aged care provider to a care recipient may apply to VCAT for consent to use restrictive practices in relation to the care recipient if the restrictive practices is set out in the care recipient’s behaviour support plan.
This application can only be made by an approved aged care provider and should only be made as a last resort where there is no other decision maker available.
When can VCAT make this order?
VCAT may make orders regarding the use of restrictive practices on the care recipient if VCAT is satisfied that:
- there are no potential and appropriate decision makers available such as restrictive practices nominees or temporary decision-maker
- the care recipient does not have a VCAT appointed restrictive practices substitute decision-maker
- the use of restrictive practices is appropriate and consistent with requirements under the Aged Care Act 2024.
VCAT must have regard to any preferences and values of the care recipient.
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 the following documents with your application:
- a copy of the care recipient’s behaviour support plan
- any statement of preferences and values prepared by the care recipient.
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.