Richard Colbeck (Tasmania, Liberal Party, Minister for Aged Care and Senior Australians) Share this | Hansard source

Thanks, Senator Van, for the question. The government believe that the health, safety and wellbeing of older Australians who reside in aged-care services is of paramount importance and that the use of restraint should always be the last resort. On 1 July 2019, the government delivered new regulations that put explicit obligations on residential aged-care providers with respect to the use of restraints. We've already taken action to minimise the use of physical and chemical restraints in aged-care homes. Regulations that came into place on 1 July put explicit obligations on those providers. These regulatory changes require providers to satisfy a number of conditions before restraint can be used, including assessment by a medical practitioner or nurse practitioner who has prescribed the medication or medical restraint. Further, where restraint is used, providers must monitor the consumer for signs of distress or harm.

Today we're strengthening those regulations relating to chemical restraints. These changes will do a number of things. They will make it clear that restraint must always be the last resort. They will clarify state and territory legislative responsibility for prescribers to gain informed consent on restraint. Because we acknowledge that there are some concerns around the regulations and that the regulations need to be at the leading edge, we've put in place a review process that will start on 1 July next year, running through until the end of December next year, with a sunset clause on the regulations which will allow for any reforms that come out of the review process, including the recommendations of the royal commission, to be incorporated into new regulations.