Aged Care Restrictive Practices Substitute Decision-maker Regulations 2025 (Vic)

Version No. 001

Aged Care Restrictive Practices Substitute Decision-maker Regulations 2025

S.R. No. 86/2025

Version as at

10 September 2025

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definition

5Nomination of restrictive practices nominee

6Revocation of nomination of restrictive practices nominee

Schedule 1—Forms

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 001

Aged Care Restrictive Practices Substitute Decision-maker Regulations 2025

S.R. No. 86/2025

Version as at

10 September 2025

1Objective

The objective of these Regulations is to prescribe forms for the purposes of the Aged Care Restrictive Practices Substitute Decision-maker Act 2024.

2Authorising provision

These Regulations are made under section 21 of the Aged Care Restrictive Practices Substitute Decision-maker Act 2024.

3Commencement

These Regulations come into operation on 10 September 2025.

4Definition

In these Regulations—

the Actmeans the Aged Care Restrictive Practices Substitute Decision-maker Act 2024.

5Nomination of restrictive practices nominee

For the purposes of section 5 of the Act, a nomination of a restrictive practices nominee may be in the form set out in Form 1 of Schedule 1.

6Revocation of nomination of restrictive practices nominee

For the purposes of section 6 of the Act, a revocation of a nomination of a restrictive practices nominee may be in the form set out in Form 2 of Schedule 1.

SCHEDULE 1—FORMS

FORM 1

NOMINATION OF RESTRICTIVE PRACTICES NOMINEE

Regulation 5

Full name of person making the nomination:

Date of birth of person making the nomination:

Residential address of person making the nomination:

NOMINATION

I nominate [insert name of nominee] of [insert residential address of nominee] to be my restrictive practices nominee under section 5 of the Aged Care Restrictive Practices Substitute Decision-maker Act 2024.

In signing this nomination form, I confirm that:

·I am 18 years of age or older; and

·I have decision-making capacity at the time of making this nomination to make this nomination; and

·I understand the nature and effect of this nomination.

My preferences and values regarding the use of restrictive practices are: [insert preferences and values or "Nil"].

Signed: [signature of person making the nomination]

Date:

DESCRIPTION OF ASSISTANCE PROVIDED (IF ANY)

Assisted by:

Full name of person assisting:

Address of person assisting:

I confirm that I provided the following assistance to the person making this nomination: [insert description. For example, translation assistance, assistance with writing or reading]

Signed: [signature of person who assisted the person making the nomination]

Date:

CERTIFICATE OF WITNESS

Witnessed by:

Full name of witness:

Address of witness:

I certify that:

·at the time of signing this document, the person making this nomination:

·appears to me to have decision-making capacity; and

·appears to me to understand the nature and consequences of making the nomination;

·appears to me to freely and voluntarily sign this document;

·I am not the person named in this nomination as the restrictive practices nominee;

·I am not a relative of the person making this nomination; and

·I am not an employee or agent of an approved provider that provides aged care to the person making this nomination.

Signed: [signature of witness who must be an authorised affidavit taker]

Capacity in which authorised affidavit taker has authority to witness this nomination:

Date:

FORM 2

REVOCATION OF NOMINATION OF RESTRICTIVE PRACTICES NOMINEE

Regulation 6

Full name of person revoking the nomination:

Date of birth of person revoking the nomination:

Residential address of person revoking the nomination:

REVOCATION

I revoke the nomination of [insert name of restrictive practices nominee] of [insert residential address of nominee] under section 6 of the Aged Care Restrictive Practices Substitute Decision-makerAct 2024.

In signing this revocation form, I certify that:

·I have decision-making capacity at the time of making this revocation to revoke the nomination; and

·I understand the nature and effect of this revocation.

Signed: [signature of person revoking the nomination]

Date:

DESCRIPTION OF ASSISTANCE PROVIDED (IF ANY)

Assisted by:

Name of person assisting:

Address of person assisting:

I confirm that I provided the following assistance to the person making the revocation: [insert description. For example, translation assistance, assistance with writing or reading]

Signed: [signature of person who assisted the person making the revocation]

Date:

CERTIFICATE OF WITNESS

Witnessed by:

Name of witness:

Address of witness:

I certify that:

·at the time of signing this document, the person revoking the nomination:

·appears to me to have decision-making capacity; and

·appears to me to understand the nature and consequences of making the revocation;

·appears to me to freely and voluntarily sign this document;

·I am not the person named in this revocation as the restrictive practices nominee;

·I am not a relative of the person making this revocation; and

·I am not an employee or agent of an approved provider that provides aged care to the person making this revocation.

Signed: [signature of witness who must be an authorised affidavit taker]

Capacity in which authorised affidavit taker has authority to witness this nomination:

Date:

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Aged Care Restrictive Practices Substitute Decision-maker Regulations 2025, S.R. No. 86/2025 were made on 2 September 2025 by the Governor in Council under section 21 of the Aged Care Restrictive Practices Substitute Decision-maker Act 2024, No. 49/2024 and came into operation on 10 September 2025: regulation 3.

The Aged Care Restrictive Practices Substitute Decision-maker Regulations 2025 will sunset 10 years after the day of making on 2 September 2035 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Aged Care Restrictive Practices Substitute Decision-maker Regulations 2025 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

No entries at date of publication.