The final report of the Royal Commission into Aged Care Quality and Safety in 2021 included 148 recommendations. It highlighted that the existing Aged Care Act of 1997 is outdated, focusing more on aged care providers and funding mechanisms rather than prioritising the needs of individuals receiving services.
The upcoming Act is set to supersede several current laws, namely the Aged Care Act 1997, the Aged Care (Transitional Provisions) Act 1997, and the Aged Care Quality and Safety Commission Act 2018. This new legislation aims to establish a streamlined, rights-focused legal structure. It will consist of a core primary law governing and overseeing the aged care sector, accompanied by a unified set of secondary regulations referred to as the Rules.
Coverage of the new Act
The reform program is designed to establish a new aged care system that prioritises older individuals, enhances the quality and safety of care and services, and empowers older people by offering them more options and autonomy in selecting the type of care and services they wish to receive.
The upcoming legislation will encompass the following key areas:
- Outline the rights of older individuals in a proposed Statement of Rights
- Establish a Statement of Principles to direct the actions of government agencies
- Create a unified entry point for all aged care services, with clearly defined eligibility criteria
- Implement a new fair and culturally sensitive single assessment framework for all aged care services
- Set up new oversight and accountability mechanisms within the system
- Introduce a new statutory obligation, heightened penalties, access to compensation, enhanced protections for whistle blowers, and increased investigatory powers for the regulator
- Implement a new risk-based regulatory model, incorporating simplified obligations and stringent new standards to enhance provider accountability and bolster enforcement powers for the regulator
- Establish a common understanding of high-quality aged care services
- Expand the range of regulatory powers available to the Commissioner and the System Governor
Exposure draft of the Bill: consultation feedback
To read the full report follow the link here.
The consultation process engaged 2,646 stakeholders through various activities like surveys and workshops to gather feedback on the proposed Exposure Draft of the new Act. Specific objectives included assessing the impact on aged care services and identifying implementation challenges. First Nations and Culturally and Linguistically Diverse (CALD) groups actively participated, providing valuable insights into their unique requirements. A total of 206 participants from CALD backgrounds contributed to the consultations, with quantitative analysis integrating survey responses for a comprehensive understanding of stakeholder perspectives.
Feedback summary
The consultation submission themes are as follows:
- Key concepts
- Entry to the Commonwealth aged care system
- Registered providers, aged care workers and digital platforms
- Fees, payments and subsidies
- Governance of the aged care system
- Managing information
- Miscellaneous
- Themes and finding form the First Nations consultations
- Themes and findings form CALD consultations
The report presents stakeholder feedback on safeguarding the rights of older individuals in aged care services, along with suggestions for improvements. The discussion raises concerns about potential service gaps for individuals under 65 with conditions related to aging. Stakeholders support the conditions set for registered providers but express concerns about potentially discouraging professionals from entering the aged care sector.
Governance structures receive positive reviews, emphasising the need for clearly defined oversight responsibilities. Feedback also explores the expanded authority of the Aged Care Quality and Safety Commissioner, which sparks mixed reactions regarding privacy issues and resource constraints.
It’s evident that roles within aged care play a critical role in advocating for the preferences of elderly individuals. Concerns raised centre around possible conflicts with state laws and clarifying role boundaries. Stakeholders emphasise the requirement for prompt decision-making, especially in urgent situations.
The report suggests that multiple supporters and representatives must address family dynamics in accordance with legal frameworks. The discussion emphasises annual reporting as essential for transparency. However, there are reservations about decision-making processes driven solely by computers without human oversight.
Stakeholders express concerns about the broad scope of information definitions and call for improved training on whistle blower protections across the sector.
Next steps in enhancing the aged care sector
This comprehensive ninety-one-page report contains a wealth of information for The Department to carefully review. The feedback gathered during the consultation process will be taken into account, and appropriate revisions will be made to the Exposure Draft prior to its presentation to Parliament.
The team at CareLineLive is dedicated to staying updated on all developments and ensuring our customers are well-informed as the process progresses.
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