The Guardianship Regulation 2026 (NSW) commenced on 1 September 2026, replacing the previous 2016 Regulation. While much of the existing framework remains unchanged, the Regulation introduces an additional function that guardians may exercise. This change is worth considering when reviewing your guardianship arrangements and planning for future decision-making, to ensure your wishes and preferences are appropriately reflected.
The principal change introduced by the Regulation is the addition of a new standard function relating to restrictive practices. The five standard functions that guardians may now exercise are as follows:
- to decide where you live;
- to decide what health care you receive,
- to decide what other kinds of personal services you receive;
- to consent to the carrying out of medical or dental treatment on me in accordance with the Guardianship Act 1987, Part 5;
and newly introduced,
- to consent to, or withhold consent to, the use of a restrictive practice, being a practice or intervention that has the effect of restricting my rights or freedom of movement.
What does this new standard function mean?
A restrictive practice is an intervention or practice that limits a person’s rights or freedom of movement. Restrictive practices can include physical restraints, mechanical restraints, chemical restraints, seclusion and environmental restrictions. For example, locking doors to prevent a person from leaving a premises freely or using a lap belt on a wheelchair to prevent a person from standing up or moving freely.
In Commonwealth-funded aged care services and under the National Disability Insurance Scheme (NDIS), a guardian or enduring guardian may be required to provide consent to the use of a restrictive practice where the person is unable to provide their own consent, subject to the applicable legal requirements.
Accordingly, if you wish your appointed Enduring Guardian to have the authority to consent to, or withhold consent for, the use of restrictive practices on your behalf, it is important to consider whether this function should be expressly included or excluded in your Appointment of Enduring Guardian.
Please do not hesitate to contact Coleman Greig’s Wills & Estate Planning team if you would like to discuss the implications of these changes or review and update your Appointment of Enduring Guardian.
