Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 54.11

  (1)   This section applies if:

  (a)   an approved provider provides aged care of a kind specified in the Quality of Care Principles made for the purposes of paragraph   54 - 1(1)(f) to a care recipient; and

  (b)   a * restrictive practice is used in relation to the care recipient; and

  (c)   the care recipient lacked capacity to give informed consent to the use of the restrictive practice.

  (2)   A * protected entity is not subject to any civil or criminal liability for, or in relation to, the use of the * restrictive practice in relation to the care recipient if:

  (a)   informed consent to the use of the restrictive practice was given by a person or body specified in the Quality of Care Principles made for the purposes of this paragraph; and

  (b)   the restrictive practice was used in the circumstances set out in the Quality of Care Principles made for the purposes of paragraph   54 - 1(1)(f).

  (3)   Each of the following is a protected entity :

  (a)   the approved provider referred to in paragraph   (1)(a);

  (b)   an individual who used, or assisted in the use of, the * restrictive practice in relation to the care recipient referred to in that paragraph.