Exposure draft of the new Aged Care Act released, Govt seeks provider feedback

The Government has released its exposure draft for the new Aged Care Act, with all interested parties called on to provide their feedback before the final stages of refining and completing the reinvigorated Act take place.

Key points

• The new Aged Care Act is set to be introduced to Parliament in 2024, and subject to approval, with start on July 1
• It will replace the Aged Care Act 1997 and Aged Care Quality and Safety Commission Act (2018)
• Key features include a Statement of Rights for older people, a greater person-centred focus and the introduction of criminal penalties for providers doing the wrong thing
• The 325-page exposure draft is available online for public consultation until March 8 2024 (extended from the initial February 16 deadline)

The new Aged Care Act is set to have a profound impact on the sector with Anika Wells, Minister for Aged Care, saying it will play a crucial role in fixing the aged care crisis. 

“We are working hard make aged care more transparent, to increase direct care for aged care residents, delivering higher worker standards, getting nurses back into nursing homes and have backed aged care workers with a pay rise,” said Minister Wells. 

“We are now at the threshold of a once-in-a-generation change. The new Aged Care Act is core to putting the rights of older people at the centre of aged care. We must get it right.”

Elsewhere, Aged & Community Care Providers Association (ACCPA) CEO, Tom Symondson, called a rights-based Aged Care Act a vital piece of the puzzle moving forward.

“We have to make the most of the consultation process with the Government. Our members deliver care to older people in every corner of this nation, across the breadth and diversity of aged care services,” said Mr Symondson.

“We will be tapping into their insights to inform legislative design that meets the desired outcomes as intended, supporting a sector that can meet aged care demand now and into the future.”

Mr Symondson said achievable timeframes to rolling out future change is critical to the success of the new Act as providers do not need any additional burden.

Aged care providers, older Australians, advocates, workers and more have already had a notable amount of influence on its design with Department of Health and Aged Care representatives confirming they included a Statement of Rights for older people because of provider feedback.

Council on the Ageing (COTA) Australia and Older Persons Advocacy Network (OPAN) both recognised changes and thanked the Government for their collaboration with advocacy groups.

“Meaningful reform can only be achieved by listening intently and acting on lived experiences of the aged care system. This means we need to go beyond rhetoric and make sure this reform translates into concrete action, and that rights are brought to life,” said Patricia Sparrow, Chief Executive Officer, COTA.

“One of the key recommendations we made to Government was the introduction of an independent statutory Complaints Commissioner. This is something we want to see introduced as part of the Act.”

The exposure draft provides another opportunity for all interested parties to have their say on the draft laws for aged care. Opportunities for providing feedback include attending online or in-person workshops, completing a survey or sending a submission directly to the Department of Health and Aged Care. 

“We want Australians to tell us what they think of the draft law. Does it clearly define the rights of older people? Will it empower older people to make decisions about their own care?” added Minister Wells.

“We want to know if aged care providers understand their responsibilities in the draft law. We are focused on delivering effective consultation to ensure all Australians have the opportunity to help us create an aged care system Australia is proud of.”

Once the new Aged Care Act Bill is passed by the Parliament, it will provide clearer definitions and objectives for aged care providers. Key features of the proposed Act, which are subject to change pending feedback, are:

• Including a Statement of Rights for older people
• Creating a simple, single assessment system to make access to the aged care system for older people easier
• Including rules on supported decision-making to ensure older people have choice and control
• Introducing strengthened Aged Care Quality Standards
• Providing additional protections for whistleblowers to allow reporting without fear of reprisal
• Strengthening the powers of the regulator, the Aged Care Quality and Safety Commission, to manage risk, ensure integrity and support best-practice aged care
• Introducing criminal penalties for providers that do the wrong thing

Aged care providers and other parties interested in providing feedback will have roughly three months to do so. A feedback survey is currently available for completion online and over the phone on 1800 318 209, while you can also contact the Government via email, letter submission or at a workshop.

More information on how you can participate in the consultation process for the exposure draft is available on the Department of Health and Aged Care’s website. Several supporting documents are also available, including Consultation paper no. 2 (and in a Plain English version) and a Consultation summary report.