A Human Rights Critique of the Substitute Decision-Maker Consent Model for Restrictive Practices in Queensland Aged Care Facilities
In the aged care sector, restrictive practices (‘RP’) are employed with the purpose of influencing the adult’s actions or behaviour, potentially to reduce risks to themselves, other residents and staff. When the adult lacks decision-making capacity as a result of their cognitive impairments, a substitute decision-maker (‘SDM’) is often appointed to authorise the use of RPs on behalf of the aged care resident. To address delays in formal appointments, the Commonwealth has introduced an interim SDM consent hierarchy for aged care facilities. This research takes a human rights-based approach to critically examine the legal framework governing RPs. In particular, the study evaluates the legal effectiveness of the SDM appointment process, the decision-making duties imposed on SDMs, and the oversight mechanisms tasked with ensuring that such decisions align with core human rights principles.