Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Hansard source

nator GALLAGHER (—) (): Well, I would say that this is being used in this bill to, as I said, clarify requirements in relation to consent to use restrictive practices, and it will be further looked at in the Aged Care Act.

In terms of the rights and protections for aged-care residents themselves, that's where the quality of care and the hierarchy document, hierarchy of decision—sorry, I'm looking for the correct language. That's where those two principles provide the protection for aged-care residents. But I think you do have to accept that, when you have met all of the requirements through the processes outlined earlier in this debate and restrictive practices are required, when you have done the right thing, when you've followed the law—certainly, for those involved in those decisions and the people providing care, why should they be prosecuted after they've followed, essentially, the law that's been put in place to oversight these arrangements? If they're not used properly and if it's not used in the way that the legislation provides—so, if restrictive practices are used where unnecessary or they haven't followed the correct procedure—they'll not be protected from prosecution. But, in the event that they have and then they've had to make that decision, there is a strong argument to protect them from prosecution for the act that they've had to do in relation to keeping people safe in a facility.