Allwright Bourke

Restrictive Practices and enduring guardianship

The use of restrictive practices was an area for immediate attention identified by the Royal Commission into Aged Care and Safety. Following the Commission’s recommendations, the Quality of Care Principles 2014 (Cth) were amended.

Restrictive practices are used to influence a person’s behaviour. Restrictive practices include:

  • Chemical Restraint – Use of medication or chemical substances
  • Environmental Restraint – Restricting Access to items or activities in the person’s environment
  • Mechanical Restraint – Use of a device to restrict, subdue, or prevent a person’s movement
  • Physical Restraint – Use of physical force
  • Seclusion – Solitary confinement of a person at any hour of the day or night


Physical restraints should only be used by an approved provider or in an emergency, and as a last resort and after considering the impact on the person. 


Informed consent for restrictive practices must be given by the person receiving care, or their substitution decision maker for restrictive practices (or can otherwise be used in emergency if necessary). 


A person can give concent in their Appointment of Enduring Guardian document. If your Appointment of Enduring Guardian document does not specifically give consent to restrictive practices, or a person does not have capacity to give consent, application can be made to NCAT (NSW Civil & Administrative Tribunal) for an Order. 


Many aged care, residential care, and disability care facilities now require consent or an Order for use of restrictive practices in care facilities. Your appointed Enduring Guardian can give the consent for you if you are unable to give consent yourself. 


Ensure your loved one’s rights are protected. Your peace of mind is our priority. Contact us for an appointment if you require consent (or objection) to restrictive practices in your Appointment of Enduring Guardian Documents. Reach us by phone (1300 225 297) or by email (


Give us a call for all your Family Law matters.
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Allwright Bourke Lawyers & Conveyancing Has Acquired David Fletcher and Associates.