Health, Aged Care and Retirement Villages

National suite of substitute decision-making policies for aged care providers

September 12, 2022

The laws relating to substitute decision-making and how they apply in the aged care environment are increasingly complex. They also differ from state to state.

Clear and compliant substitute decision-making processes are critical for the effective operation of aged care services. A failure to have systems in place which properly implement the substitute decision making laws in the jurisdiction in which a provider operates, can lead to adverse regulatory and legal outcomes for providers.

How can we help?

Thomson Geer has developed a suite of substitute decision making policies that are compliant with the relevant laws in each State and Territory in Australia.

Each policy meets the legislative requirements of each State or Territory and is easy to follow. Each policy covers:

  • the fundamental principles of substitute decision making;
  • decision making capacity;
  • the types of decisions that can be made by substitute decision makers (eg health, personal, financial decisions);
  • the types of decision makers; and
  • any jurisdiction specific requirements.

Each of the substitute decision making policies contains easy to follow flow charts so that staff can navigate decision making scenarios involving capacity issues and substitute decision-making.

Our policies provide an economical way to ensure your systems and processes remain up-to-date and compliant with the substitute decision-making rules in your State or Territory without the need to interpret complex legislation.

We also have a helpful “Ready Reckoner” which provides an overview of substitute decision making powers in each State and Territory.

If you are interested in purchasing a policy for a fixed price for the State or Territory in which you operate (or the full suite of documents)  or our Ready Reckoner please contact Julie McStay in our Health, Aged Care and Retirement Villages team at

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