Restrictive practices involve limiting an individual’s freedom to control their behaviour, and can include physical restraint, the use of psychoactive medications, or secluding an individual in a room where they cannot leave or are led to believe they cannot leave.
To clarify who can decide on the use of a restrictive practice in residential aged care in Victoria, the State Government introduced the Aged Care Restrictive Practices Substitute Decision-maker Act (SDM Act), which commenced on 1 July 2025.
The SDM Act provides a hierarchy of persons who can make decisions on behalf of an aged care resident in relation to the use of a restrictive practice, when the aged care resident does not have decision-making capacity.
Aged Care Justice (ACJ) has created Fact Sheets for the public and the legal community to increase understanding of the new requirements. You'll find these at the link below.
This project received funding through the Victorian Legal Services Board Grants Program.
Under Commonwealth aged care legislation, residential aged care providers must obtain informed consent to a restrictive practice prior to its use.
The SDM Act was required as Enduring Powers of Attorney or Medical Treatment Decision Maker appointments in Victoria do not cover restrictive practices.
“These reforms were urgently required to stop the confusion on who can provide or withhold consent to the use of a restrictive practice. This is a human rights issue, and further reforms are needed, such as guidelines to assist a substitute decision maker on the considerations in making these difficult decisions”, says ACJ CEO and Solicitor, Anna Willis.
The order of substitute decision makers set out by the SDM Act is:
a person nominated by the aged care resident
a temporary appointment if there is no nomination
appointment by application to the Victorian Civil Administration Tribunal (VCAT)
application by the aged care provider for VCAT to decide on the use of a restrictive practice