Request consent to use restrictive practices on an aged care resident

Before a residential aged care provider can use a restrictive practice on one of their residents, you must obtain the resident’s permission, or consent.

If the resident has impaired decision-making ability and cannot provide consent, you must seek consent from their restrictive practices substitute decision-maker, unless it’s an emergency.

If we're the resident’s substitute decision-maker for this decision, you must request a decision to use the restrictive practice on our client. We can only give or refuse consent if the Queensland Civil and Administrative Tribunal (QCAT) has authorised us to make restrictive practices in aged care decisions for that resident.

The use of restrictive practices in aged care is regulated under the Aged Care Act 2024 and the Quality of Care Principles 2014.

How do you request a decision from us?

If you’re a residential aged care provider seeking a decision to use a restrictive practice on one of our guardianship clients, please follow these steps:

  1. Refer to our policy statement (PDF, 339.2 KB)
  2. Fill in the request consent to use restrictive practices in aged care form (PDF, 1.7 MB)
  3. Email the completed form to us.

If you have any questions, please call us on 1300 653 187.

How long does our consent last?

We generally provide consent for:

  • Chemical restraint: up to three months
  • All other restrictive practices: up to six months.

What are restrictive practices?

Restrictive practices are interventions that limit an aged care resident’s freedom of movement. They include:

  • Chemical restraint: using medication to control behaviour (not for treating a diagnosed condition)
  • Environmental restraint: restricting access to spaces, items, or activities
  • Mechanical restraint: using devices to limit movement, such as bed rails or lap belts
  • Physical restraint: using physical force to restrict movement, such as holding a resident in place
  • Seclusion: confining a resident alone in a space they cannot leave.

What is chemical restraint?

Chemical restraint involves using medication or chemical substances to control behaviour.

It doesn’t include medication prescribed by a medical practitioner for treating a diagnosed mental illness or physical condition.

Medications used as chemical restraints can be prescribed or bought over the counter; and may be administered either as a ‘fixed dose’ or on an as-needed basis.

What is environmental restraint?

Environmental restraint restricts a resident’s free access to parts of their environment, including items and activities. Examples include:

  • Limiting access to outdoor areas
  • Removing or restricting access to activities, or wanted item, such as a walking frame, by putting it out of reach.

What is mechanical restraint?

Mechanical restraint involves using a device to prevent, restrict, or subdue a person’s movement for the primary purpose of controlling their behaviour. Examples include:

  • Lap belts or princess chairs
  • Bed rails, or low beds
  • Clothing that limits movement and cannot be removed by the resident.

What is physical restraint?

Physical restraint is the use or action of physical force to prevent, restrict or subdue movement of a person’s body, or part of their body, for the primary purpose of controlling their behaviour. Examples include:

  • Holding a resident in a specific position so they can be showered
  • Pinning a resident down, or
  • Physically moving a resident to prevent them from entering a specific area.

What is seclusion?

Seclusion means physically confining a resident alone, at any time of the day or night, in a room or area they cannot leave. Examples include:

  • Placing a resident alone in a space or room they cannot exit
  • Placing a resident in a room without access to a call bell or walker
  • Imposing ‘time out’ in a restricted area.

Are restrictive practices considered health care matters?

No, restrictive practices aren't health care matters. Even if we’re appointed as a resident’s guardian for health care matters, we cannot give or withhold consent for restrictive practices unless QCAT has specifically authorised us to make such decisions.

How do we make decisions for our clients?

Queensland law requires substitute decision-makers, including guardians, follow principles based on the Human Rights Act 2019.

Among these principles is structured decision-making. This includes:

  1. Supporting the resident to make their own decisions where possible
  2. Considering the resident’s views, wishes and preferences
  3. Using substituted judgement if the resident’s preferences are unknown, based on their past views and values.

What if the resident doesn’t have a substitute decision-maker?

If the resident doesn’t have a restrictive practices substitute decision-maker, anyone can apply to QCAT to have one appointed.

If there’s no one in the resident’s life appropriate and willing to act in the role (e.g. a family member or close friend), QCAT can appoint us as a last resort.

It can take several months for a QCAT application to be heard.

If you’re a residential aged care provider and can’t afford to wait that long, please contact the Aged Care Quality and Safety Commission for advice on 1800 951 822.

Can restrictive practices be used in an emergency?

Yes, restrictive practices can be used temporarily in emergencies without the substitute decision-maker’s consent to protect the resident or others from immediate harm.

If this occurs with one of our clients, you must inform us and document the incident.

Do we monitor compliance?

No, we're not a regulator of aged care providers. While we may consent to the use of restrictive practices, we don’t monitor compliance with the Quality of Care Principles 2014. However, if we suspect non-compliance is putting a resident at risk, we may take protective action or raise concerns with the Aged Care Quality and Safety Commission.

More information