Website Aged Care Justice
The December 2024 data released by the Aged Care Quality and Safety Commission on the inappropriate use of restrictive practices in residential aged care, reveals a slight increase since the last quarter in September 2024. These figures are in the latest Sector Performance Report.
There are various types of restrictive practices including environmental, physical, mechanical and chemical restraint, and seclusion. Aged Care Justice (ACJ) has produced educational material to improve understanding of the application of these practices. This project received funding through the Victorian Legal Services Board Grants Program.
ACJ has just released fact sheets on the use of environmental restraint and seclusion, adding to our pre-existing fact sheets and videos on chemical, mechanical and physical restraint. The fact sheets apply to Victorian residential aged care services in an aged care facility, delivered under the Commonwealth’s Aged Care Act 1997 (Cth).
Environmental restraint involves restricting a resident’s free access to their surroundings, or activities like day trips, or items like mobile phones. Seclusion involves the isolation of a resident and is considered a severe practice reserved for managing serious behaviours. All restrictive practices may only be used as a last resort to prevent harm.
“While environmental restraint or seclusion may be necessary in situations where there is a risk of harm to the resident or others, there are strict regulations to prevent their misuse” advises ACJ Chair, Sue Williamson.
“Our fact sheets are designed to outline the provider’s obligations when applying an environmental restraint or using seclusion so that residents and their families and friends can understand when the practice is appropriate and what steps must be followed by the aged care facility”, says ACJ CEO, Anna Willis.
“We have received complaints where a person’s loved one has been left on their own for most of the day, despite wanting to leave their room, or they are unable to access their mobile phone to make a phone call. These are serious rights issues” explains Willis.
The use of a restrictive practice requires consent from the resident, or if it is determined the resident lacks capacity, from a person who can make a decision on their behalf, known as a ‘restrictive practices substitute decision maker’.
Know your rights: seclusion and environmental restraint in aged care
Substitute decision-making is a complex area. The Victorian government has recently passed the Aged Care Restrictive Practices (Substitute Decisionmaker) Act 2024, commencing July 1, 2025. This Act provides who can be appointed a substitute decision maker, listed in a specific order. For more information see ACJ Fact Sheets.
“Determining the capacity of an aged care resident can be difficult, as capacity can fluctuate. ACJ are looking to create further education materials to assist the public in understanding the laws and regulations on substitute decision making in aged care contexts”, advises Willis.