Aged Care Act submission seeks stronger rights and protections for consumers

In a positive step forward the new Aged Care Act is a major shift away from the current system and in its submission to the Federal Government, a consortium of 12 aged care organisations said the Government must ensure the legislated Act is backed by a system that articulates, enables, protects and enforces the human rights of older people.

This needs to include a positive duty on providers and the Government to uphold rights while increasing protections and access for those using aged care services, the consortium said.

Key points

• The consultation period for the exposure draft of the Aged Care Act has now closed, with the Government aiming to legislate the Act mid-year
• A joint submission from national organisations working with older people and carers was published last week, with consortium members such as COTA, OPAN, National Seniors Australia, Carers Australia and the Federation of Ethnic Communities’ Councils of Australia (FECCA)
• Their submission features a detailed list of recommendations, including strengthened diversity requirements, a guaranteed right to aged care visitors at all times, increased transparency and a robust, independent complaints system

The detailed submission highlights the vast amount of considerations and concerns that are important to aged care users, their representatives, advocates and stakeholders. With many different views, the submission states that there is one overarching principle they agree upon, “The current Act does not meet the needs of older people seeking or receiving aged care and the new Act must uphold and enforce the rights of older people”. 

But with less than four months until the July 1 deadline the Government placed on legislating the new Act, COTA Australia Chief Executive Officer (CEO) Patricia Sparrow said it’s essential they get it right now to avoid delaying a human rights-based act for older people.

“The Federal Government committed to a deadline for legislation enshrining the basic rights of older people and we’re looking forward to seeing them delivered in that timeframe,” Ms Sparrow said.

“We’re looking forward to working with all politicians to deliver the robust Aged Care Act we all deserve. We can’t afford to delay the fundamental rights of older people any longer.”

What are the key recommendations?

The joint submission features a detailed list of recommendations – 149 to be exact – in a clear sign that consumers and their advocates are calling for plenty of action to ensure they’re truly supported by the new Act.

Among the most important is the very first key recommendation: Commencement of the new Aged Care Act on 1 July 2024 with review every 3 years.

Although the Aged Care Act 1997 has received amendments since its inception, formal reviews have not taken place, resulting in certain sections becoming very outdated. An embedded three-year review process by an independent person or body would ensure the Act remains relevant to changing needs.

Another key recommendation is for increased transparency surrounding fees and charges, a significant oversight by the Government according to OPAN CEO Craig Gear.

“The new Aged Care Act strives for a major cultural shift in the way aged care is delivered. It corrects the current power imbalance, putting older people at its centre, rather than the organisations that are providing services,” Mr Gear said.

 “But there are significant gaps in the current exposure draft – such as fees and charges and the complaints framework– that need to be addressed prior to its commencement this year. The legislative framework must also include stronger protections around choice and control, transparency, an effective complaints process and enforceability of rights.”

This is addressed through a request for transparent, fair and equitable consumer fees and government funding to provide quality services – responding to the Aged Care Taskforce recommendations. 

The submission said the lack of information content surrounding funding and means testing arrangements in the exposure draft erodes confidence and makes it difficult for stakeholders to truly provide accurate feedback. 

Other notable recommendations include:

• Expand eligibility for early access to aged care services
• Include explicit reference to disability supports
• Audit providers stating they provide ‘high-quality care’
• Audit providers service improvement initiatives
• Remove volunteers from the definition of aged care worker

The inclusion of a Statement of Rights in the new Aged Care Act has been viewed as a strong win for consumers, however, the consortium would like to see it become directly enforceable.

The recommendation to Create a positive duty to uphold rights and clear pathways to complaints outlined that the inclusion of a Statement of Rights that is not enforceable is contradictory to a rights-based approach. Therefore, a positive duty and a fully explained Statement of Rights that applies to residential care and home care providers is necessary, they said. 

The full joint submission can be viewed here.