In our submission to the Aged Care Royal Commission, we have analysed new Federal government laws on physical and chemical restraints. In our opinion:
- The laws may exceed the Federal government’s power to make law in relation to nursing homes.
- The new laws set nursing home accreditation standards which could be based on actions which breach State or Territory laws.
- There must be uniform State and Territory laws which regulate use of physical and chemical restraints because they have the power to make laws in this area.
What is the new law?
What does it say about physical restraints?
What does it say about chemical restraints?
Who has the power to make laws on restraints? The Federal government or States and Territories?
Does the new law on physical restraints exceed Federal power?
Does the new law on chemical restraints exceed Commonwealth power?
There must be uniform State and Territory laws
We concluded our submission to the Aged Care Royal Care Commission by stating:
“It is not entirely clear why States and Territories do not have a greater concern about treatment in aged care facilities. Coverage of mental health laws is not adequate or explicit enough. Even where there is coverage, there appears to be no routine practice of having mental health laws apply to protect the rights of those in aged care facilities. This absence can be criticised as evidencing systemic discrimination on the basis of age. The lack of coverage and the lack of enforcement of current laws potentially leaves a vacuum of enforced legal protection for nursing home residents.”
Further articles by elringtons
- What duty of care does a nursing home have?
- Chemical restraints in nursing homes
- Royal Commission into Aged Care must cause legal change on chemical restraints
- New Laws on Physical and Chemical Restraints in Nursing Homes
- Nursing home abuse
- How to make an effective nursing home complaint
- Elder abuse: together making change
- Elder Abuse – A Confluence of Rights and Responsibilities
- Who can make decisions about your health?
- Appointing an Enduring Guardian and Enduring Power of Attorney
- Health and Medical Law