Map restrictive-practices consent under the Aged Care Act 2024 (Cth) or the Victorian…
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List who appears to hold restrictive-practice consent under the Aged Care Act 2024 (Cth) and the Aged Care Restrictive Practices Substitute Decision-maker Act 2024 (Vic), and instruments to sight.
- What the lawyer must review
- Check for a nominated SDM under the Vic Act
- If none, apply the statutory hierarchy: spouse or partner, primary carer, oldest adult child, oldest parent, and so on
- Remember the Vic Act is separate from, and can override, the general EPA for these decisions
- Confirm the Aged Care Act 2024 (Cth) framework (from 1 November 2025) for provider obligations
- Do not assume an existing EPA or guardianship appointment satisfies the SDM consent process
- Check the current text of both Acts (the Vic Act from 1 July 2025)
- Confirm SDM consent is informed and prefers the least-restrictive option
- Written for / version
- Australia versionAU
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.