The majority voted in favour of a motion that items (3) and (4) of schedule 9 stand as printed. In other words, they voted to keep those items unchanged.

What are items (3) and (4) of schedule 9?

Victorian Senator Janet Rice (Greens), who proposed to remove these items from the bill, explained that:

I didn't receive any good rationale as to why there should be immunity from prosecution for restrictive practices after they've gone through all of the various hoops. Yes, let's make sure that the provisions are appropriate, but at the end of the day there does not seem to be any justification for giving immunity from prosecution to providers for those circumstances. My amendment would remove the second half of schedule 9.

Text of items (3) and (4) of schedule 9

3 At the end of Division 54


54-11 Immunity from civil or criminal liability in relation to the use of a restrictive practice in certain circumstances

(1) This section applies if:

(a) an approved provider provides aged care of a kind specified in the Quality of Care Principles made for the purposes of paragraph 54-1(1)(f) to a care recipient; and

(b) a restrictive practice is used in relation to the care recipient; and

(c) the care recipient lacked capacity to give informed consent to the use of the restrictive practice.

(2) A protected entity is not subject to any civil or criminal liability for, or in relation to, the use of the restrictive practice in relation to the care recipient if:

(a) informed consent to the use of the restrictive practice was given by a person or body specified in the Quality of Care Principles made for the purposes of this paragraph; and

(b) the restrictive practice was used in the circumstances set out in the Quality of Care Principles made for the purposes of paragraph 54-1(1)(f).

(3) Each of the following is a protected entity :

(a) the approved provider referred to in paragraph (1)(a);

(b) an individual who used, or assisted in the use of, the restrictive practice in relation to the care recipient referred to in that paragraph.

4 Clause 1 of Schedule 1


protected entity has the meaning given by subsection 54-11(3).

Votes Passed by a modest majority

Nobody rebelled against their party.

Party Votes
Australian Greens (100% turnout) 0 Yes 12 No
Penny Allman-Payne Queensland No
Dorinda Cox WA No
Mehreen Faruqi NSW No
Sarah Hanson-Young SA No
Nick McKim Tasmania No
Barbara Pocock SA No
Janet Rice Victoria No
David Shoebridge NSW No
Jordon Steele-John WA No
Lidia Thorpe Victoria No
Larissa Waters Queensland No
Peter Whish-Wilson Tasmania No
Australian Labor Party (88% turnout) 22 Yes 0 No
Catryna Bilyk Tasmania Yes
Carol Brown Tasmania Yes
Anthony Chisholm Queensland Yes
Raff Ciccone Victoria Yes
Patrick Dodson WA Yes
Don Farrell SA Yes
Katy Gallagher ACT Yes
Nita Green Queensland Yes
Karen Grogan SA Yes
Jenny McAllister NSW Yes
Malarndirri McCarthy NT Yes
Fatima Payman WA Yes
Helen Polley Tasmania Yes
Louise Pratt WA Yes
Tony Sheldon NSW Yes
Marielle Smith SA Yes
Glenn Sterle WA Yes
Jana Stewart Victoria Yes
Anne Urquhart Tasmania Yes
Jess Walsh Victoria Yes
Murray Watt Queensland Yes
Linda White Victoria Yes
Tim Ayres NSW Absent
Deborah O'Neill NSW Absent
Penny Wong SA Absent
Jacinta Nampijinpa Price NT Country Liberal Party Absent
Andrew McLachlan SA Deputy President Absent
David Pocock ACT Independent No
Jacqui Lambie Network (100% turnout) 2 Yes 0 No
Jacqui Lambie Tasmania Yes
Tammy Tyrrell Tasmania Yes
Liberal National Party (0% turnout) Absent
Matthew Canavan Queensland Absent
James McGrath Queensland Absent
Liberal Party (38% turnout) 9 Yes 0 No
Wendy Askew Tasmania Yes
Richard Colbeck Tasmania Yes
Sarah Henderson Victoria Yes
Matt O'Sullivan WA Yes
James Paterson Victoria Yes
Gerard Rennick Queensland Yes
Anne Ruston SA Yes
Paul Scarr Queensland Yes
Dean Smith WA Yes
Alex Antic SA Absent
Simon Birmingham SA Absent
Andrew Bragg NSW Absent
Slade Brockman WA Absent
Michaelia Cash WA Absent
Claire Chandler Tasmania Absent
Jonathon Duniam Tasmania Absent
David Fawcett SA Absent
Hollie Hughes NSW Absent
Jane Hume Victoria Absent
Kerrynne Liddle SA Absent
Jim Molan NSW Absent
Marise Payne NSW Absent
Linda Reynolds WA Absent
David Van Victoria Absent
National Party (50% turnout) 2 Yes 0 No
Ross Cadell NSW Yes
Perin Davey NSW Yes
Susan McDonald Queensland Absent
Bridget McKenzie Victoria Absent
Pauline Hanson's One Nation Party (50% turnout) 0 Yes 1 No
Malcolm Roberts Queensland No
Pauline Hanson Queensland Absent
Sue Lines WA President Absent
Ralph Babet Victoria United Australia Party No
Totals (66% turnout) 35 Yes – 15 No