Code of Conduct headlines a raft of new legislation

The new Code of Conduct for Aged Care is now in place for providers and workers, providing the aged care sector with legislated behavioural guidelines to improve trust and the safety, health, wellbeing and quality of life for people receiving aged care services.

It’s one of several pieces of legislation that came into effect on 1 December, alongside an expanded Serious Incident Response Scheme (SIRS) as well as provider governance requirements.

The Code has been welcomed by leaders in the aged care sector who believe the introduction of a legislated set of guidelines for expected behaviours reinforces many of the existing principles and guidelines workers already follow.

The introduction of an official complaints process when non-compliance with the Code occurs has also been viewed as an important safety measure for aged care residents and care service clients.

Improving the delivery of care

An outcome of the Royal Commission into Aged Care Quality and Safety, the Code impacts the majority of aged care providers, including residential, home care and flexible care services. 

This Code addresses recommendation 77, which called for a code of conduct as part of a national registration scheme for the personal care workforce, and recommendation 103, which called for a wider range of enforcement powers against providers or individuals involved in non-compliance.

The Code features eight standards of expected behaviours for aged care providers and workers, including governing persons such as board members and Chief Executive Officers.

Each one is expected to be delivered as part of the provision of care to residents or clients, and staff will be expected to: 

• Act with respect for people’s rights to freedom of expression, self-determination and decision-making in accordance with applicable laws and conventions
• Act in a way that treats people with dignity and respect and values their diversity
• Act with respect for the privacy of people 
• Provide care, supports and services in a safe and competent manner, with care and skill 
• Act with integrity, honesty and transparency 
• Promptly take steps to raise and act on concerns about matters that may impact the quality and safety of care, supports and services 
• Provide care, supports and services free from all forms of violence, discrimination, exploitation, neglect, abuse and sexual misconduct 
• Take all reasonable steps to prevent and respond to all forms of violence, discrimination, exploitation, neglect, abuse and sexual misconduct 

As an approved provider, you will be required to comply with the Code as per existing obligations under the Aged Care Act 1997. This includes the appropriate training, support and preparation of staff and governing persons to ensure they can carry out their duties in accordance with the Code.

A free learning module will be provided soon through the Government’s Aged Care Learning Information System (ALIS) that can be made available to staff.

The Aged Care Quality and Safety Commission will oversee compliance with the Code. They may take action over any concerns raised, including direct changes to how a provider or individual conducts themselves. 

Aged care workers or governing persons who are involved in a serious complaint may be banned from working in the sector. Approved providers can also be sanctioned or have their approved provider status revoked. 

There are only two programs not covered under the Code of Conduct – the Commonwealth Home Support Programme (CHSP) and the National Aboriginal and Torres Strait Islander Flexible Aged Care Program (NATSIFACP) – as they provide care under grant agreements. 

CHSP and NATSIFACP providers and workers are still expected to adhere to behaviours that align with the Code, and concerns raised with the Commission will be actioned under the Commonwealth’s individual funding agreement with providers.

Industry welcomes legislation

There is a belief that the Code will help the public regain confidence in the aged care system, according to Aged & Community Care Providers Association (ACCPA) Chief Executive Officer (CEO), Tom Symondson.

“ACCPA welcomes the commencement of the Code of Conduct for Aged Care as an important reform for the sector following the Royal Commission into Aged Care Quality and Safety,” said Mr Symondson.

“The Code will contribute to building an aged care system in which all Australians can have confidence, particularly for older Australians receiving aged care and support.”

Mr Symondson said providers would benefit from reviewing Government guidance materials to support embedding the Code in workplace practices.

Older Persons Advocacy Network (OPAN) CEO, Craig Gear, said the new Code marks an important step for the sector.

“The Code provides a consistent standard across the sector for a minimum standard of expectation of how we want aged care workers, management, executives and boards to work with older people and treat them with dignity and respect,” said Mr Gear.

“It’s putting it down on paper, bringing it together in eight statements about the behaviours we expect and the standards we want to see.

“If you don’t meet those standards, there are things that older people, providers, staff and the Aged Care Quality and Safety Commission can do in relation to breaches of the code.”

Mr Gear said the Code clarifies expectations across the board and staff at all levels will be able to speak up if they see concerning behaviour.

Other reforms come into effect

Other reforms have come into play this month, including the extended Serious Incident Response Scheme (SIRS) and stronger provider governance legislation.

Implemented to help prevent and reduce the abuse and neglect of older people, SIRS has been extended into home services. 

Home care service providers are now responsible for reportable incidents that occur within a client’s home as they would be if they occurred in a residential aged care facility.

SIRS applies to any Commonwealth-subsidised aged care services delivered in the home or community, including Home Care Packages (HCP), CHSP, NATSIFACP and flexible care services. 

Under the extended requirements, reportable incidents for home service providers include:

• Unreasonable use of force
• Unlawful sexual contact or inappropriate sexual conduct
• Psychological or emotional abuse
• Unexpected death
• Stealing from, or financial coercion of, a consumer by a staff member
• Neglect
• Inappropriate use of restrictive practices
• Missing consumers, such as an unexplained absence

Approved providers also have new responsibilities to follow through the Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022.

These new responsibilities are aimed at improving leadership and culture while increasing transparency and accountability. 

Approved providers will have to:

• Have a majority of independent non-executive members in your governing body
• Have at least one governing body member with experience in providing clinical care
• Ensure that your governing body members have the appropriate skills, qualifications and experience to fulfil their duties
• Establish a quality care advisory body to support and inform the governing body
• Offer to establish a consumer advisory body at least every 12 months
• Submit annual reports to the Department of Health and Aged Care on operations
• Annually assess key personnel suitability against the ‘suitability matters’ specified in the Aged Care Quality and Safety Commission Act 2018
• Notify the Commission about changes related to key personnel within 14 days of the change
• If a wholly owned subsidiary, make sure your constitution prioritises consumers over the holding company

Some responsibilities are effective as of yesterday, while others will be upon approval or from December 1, 2023, for approved applicants.

Mr Gear said he was excited to see the introduction of new reporting requirements that highlight diversity in aged care among the governance requirements.

“There will be a requirement to report on diversity initiatives over the last 12 months and that’s a positive thing for the sector,” said Mr Gear.

“We know that diversity in aged care is everyone’s business and providers should be thinking about the diverse needs and the intersectionality of the older people they provide support to. 

“Now there is framework saying the governance structures need to think about that and report on it.”