Commission collaboration: Providers want clarity, not regulatory shocks

There’s confidence within the aged care sector that the new Aged Care Act and upcoming reform changes will positively impact the quality of care. However, key executives are cautious about how regulatory changes will affect staff working on the floor.

Speaking at the ACCPA National Conference in Adelaide last week, Eldercare CEO Jane Pickering said providers shouldn’t worry too much about how aged care regulation could change under the new Act. 

She said the sector would be well prepared for what’s to come especially if providers have good corporate and clinical governance and an effective model of care.

“With the new [Aged Care Quality] Standards that will be better because the new Standards have clearer expectations in them and that’ll make it easier for providers to meet them while really understanding what’s expected of them,” Ms Pickering said.

When the topic of trepidation and unease over aged care reform was broached, Ms Pickering said most provider fears revolve around how much time they will have to get ready for the new Aged Care Act and all associated regulations.

For BaptistCare CEO Geraldine Lannon, regulation is a word she’s trying to avoid when talking to staff on the floor.

“Our staff come in every day to do a great job and make a meaningful difference to our elderly clients. They come out feeling like they’ve done a good job. Whatever gets changed in the regulation, our challenge as providers and leaders is to enable our staff while we measure what they’re doing,” she explained.

“We want to make sure we can measure the output successfully without impacting the care minutes of our staff or taking them away from direct care. We want to continue to be innovative and stop the turnstile of our staff.”

With fears an over-regulated sector could result in staff dissatisfaction, there is a clear push by providers to protect the workforce from potential regulatory backlash.

One area of note highlighted in the ACCPA panel conversation was the complaints process. Louise Macleod, Complaints Commissioner, Aged Care Quality and Safety Commission, called complaints an ‘absolute gift’ as they provide an insight into the aged care experience. 

She said it’s important to celebrate that older people have a way to raise their concerns with providers or the Commission. 

“I don’t think we should be scared of complaints. I think we should welcome them, embrace the feedback and really partner on that journey of improving care,” Ms Macleod said.

“We don’t want a situation where in the context of working with an older person and with the provider to resolve a complaint that as soon as we leave the conversation, it all falls apart again, it really must stick.”

Ms Lannon would like to see ongoing collaboration between the Commission and providers to ensure the complaints process is not negatively affected by tightened regulatory processes linked to civil penalties in the new Act.

“Most mistakes, not all, are made through human factor error. I’m really keen that we work with the Commission and the regulatory environment to build an environment of learning,” she said.

“It could be any of us that make that human factor error. Our staff do not go in to make mistakes and I think we need to remember that as we work through this regulatory process.”

Commission is ready to work with providers

By all accounts, the Aged Care Quality and Safety Commission is ready to continue working with providers. 

Aged Care Quality and Safety Commissioner Janet Anderson PSM said the Commission is evolving alongside the service providers it supports and it remains focused on enabling them to achieve success. 

“We’ve come a long, long way and we’ve learned a great deal through the pandemic. The Royal Commission [into Aged Care Quality and Safety] itself was a really important lesson for us to learn,” she said. 

“What we’re seeing is evidence of effort and achievement and you can all sit up a bit straighter in your chairs and be proud of that. But there’s further to go. 

“We need to see high levels of compliance with the existing Standards. Then we have the jump cut to the Strengthened Standards and that’s a whole other discussion. What we really need you to do is to study, get ready and understand what will be expected of you under the new arrangements and not to be taken by surprise.”

There are hopes that the new Act and Strengthened Standards will also reduce any surprises surrounding site visits and audits. Ms Pickering said visits from the Commission are scary, especially for the staff, and she hopes assessors will be more objective in the future. 

“Our site managers, clinical managers, senior nurses, allied health people and carers, it’s a gruelling process and they do feel under pressure. They want to showcase the good work that they do and the good outcomes they’re producing for our residents and clients. Sometimes they don’t get the opportunity to do that,” she said.

“It can be disappointing when you have assessors that are not as objective as they could be. I think the current Standards are still a bit too subjective and the new Standards are less subjective.

“It will give more guidance to the assessors to be less subjective and perhaps less opinionated about certain things.”

The onus is therefore on the Commission to alter its approach to audits and reviews to ensure providers can embrace the pressure. 

“We’ve been really assiduous about lifting our own game and we’re getting some good feedback, but there’s further work we need to do on that too. Part of what we’ve done is redevelop and redesign our regulatory strategy. We have designed ourselves to be the regulator who can assist you to shine under the new Act,” Ms Anderson said.