Changes from 1 December 2026 – Restrictive Practices
When a family member is living with dementia, a disability, or a brain injury, keeping them safe and comfortable is what matters most.
Following the Royal Commission into Aged Care Quality and Safety, significant reforms have been introduced to strengthen the rights, dignity and protection of older Australians.
The Aged Care Act 2024 and Aged Care Rules 2025 have introduced a new framework governing the use of restrictive practices in aged care.
Restrictive practices are measures which restrict a person’s rights or freedom of movement. Examples may include:
- Bed rails used to prevent a resident from leaving their bed;
- Locked doors or secured areas which restrict a resident’s movements; and
- Certain medications used to manage or control behaviour.
These measures can sometimes be necessary to protect a person from harm, particularly where they are living with dementia or experiencing cognitive decline. However, strict legal requirements govern their use, including the need for informed consent.
What does this mean for your Enduring Guardian?
In New South Wales, an Enduring Guardian does not automatically have authority to consent to restrictive practices simply because they have been appointed to make health and lifestyle decisions.
In many cases, documents were prepared years prior to the Royal Commission and did not anticipate the distinction which would be drawn between medical and lifestyle treatment and restrictive practices.
Your Appointment of Enduring Guardian should expressly include the appropriate restrictive practices function to ensure your chosen decision-maker has the necessary legal authority.
However, many documents prepared within approximately the last three years may already include the necessary provisions, as legal practitioners have increasingly incorporated restrictive practices powers into their Enduring Guardianship documents.
Why is 1 December 2026 important?
Temporary Commonwealth arrangements have allowed certain alternative decision-makers to provide consent in limited circumstances where an appropriately authorised guardian is unavailable.
After 1 December, registered aged care providers lose these transitional immunities and can face liability if they use restrictive practices without proper authorities.
This may mean an application to the NSW Civil and Administrative Tribunal (NCAT) is required to appoint a guardian or extend an existing guardian’s decision-making powers.
Such applications can involve additional expense, delay and stress for families, often at a time when their loved one is already vulnerable.
What should you do now?
If you have previously signed an Appointment of Enduring Guardian, we strongly recommend having it reviewed.
We are offering a FREE Enduring Guardianship document check for the remainder of 2026.
If you are unsure whether your existing Appointment of Enduring Guardian contains the necessary restrictive practices powers, you are welcome to provide a copy of your document to our office.
If your document already contains the appropriate powers, no amendment may be necessary. If it does not, we can advise you about your options for updating it.
Importantly, you must have the requisite decision-making capacity to make a new Appointment of Enduring Guardian. If you lose that capacity before updating your documents, your family may need to seek orders through NCAT instead.
You do not need to be elderly or entering aged care to take action. Planning ahead is the best way to protect your future choices.
Contact our Wills and Estates team via reception@chlaw.com.au to arrange your complimentary Enduring Guardianship document check.
A simple review today may save your family considerable difficulty tomorrow.