Code of Conduct or code of silence? What the sector really thinks

It launched with little fanfare.

A short, values-based list of behaviours now binding on every aged care worker and governing person in Australia.

On paper, the Aged Care Code of Conduct sounds like a long overdue safeguard. But even though it officially came into effect for residential aged care on 1 July 2024, providers say the real test of enforcement won’t begin until November, when the Commission’s dedicated compliance unit becomes fully operational.

So the question lingers: Has anything really changed yet?

The answer, depending on who you ask, ranges from enthusiastic optimism to polite scepticism.

The upside: it sets a cultural baseline

Let’s be fair — a national code of conduct is a milestone. For the first time, aged care workers, executives and board members are held to the same high standard of behaviour. The Code mandates that everyone in aged care:

• Acts with respect for people’s rights, dignity and autonomy
  
• Treats people with kindness and respect
  
• Provides care free from neglect, violence, abuse, or exploitation
  
• Communicates openly and honestly
  
• Acts with integrity, accountability and transparency
  

It’s more than ethics on a poster.

The Code gives the Aged Care Quality and Safety Commission the power to issue banning orders, not just against providers but against individuals. And that, for many, is long overdue.

The catch: it’s not audited. Not yet.

The Code isn’t something you pass or fail in an audit. There’s no regular review of how well it’s implemented. Instead, it acts reactively – triggered only when a complaint is made, an incident occurs, or something goes very wrong.

For those striving to lift care standards, that feels like a missed opportunity. In a sector known for paper-heavy compliance, a culture-first document should be a breath of fresh air. But many leaders say it’s fallen flat due to limited guidance, no resourcing, and minimal visibility.

Real change takes more than a mandate

A Code doesn’t change culture – leaders do. It’s how we embed those expectations in onboarding, performance reviews, complaints pathways and, critically, governance frameworks.

And yet, few boards have discussed how the Code applies to governing persons. Fewer still have built it into CEO KPIs.

Here’s the tension: it’s a good thing, but it’s not enough.

Unless the Code is supported by consistent enforcement, clear case studies, and sector-led leadership, it risks becoming yet another checkbox in a crowded compliance system.

So what can leaders do?

• Turn the Code into practice – Start every new staff induction and board meeting with a focus on a Code principle.
  
• Audit against the spirit – Even if it’s not a requirement, review where your policies and culture could fall short.
  
• Embed in complaints handling – Make sure families and staff know the Code exists – and that it’s actionable.
  
• Train your leaders – Not just staff. Governing persons are now accountable too.
  

Final thought

The Aged Care Code of Conduct could be a catalyst – but only if we use it. Leadership is what turns regulation into reputation, and compliance into culture.

So the real question isn’t “is the Code working?”

It’s: Are we working it into what we do, and who we are?