Government sifts through sector responses to Aged Care Code of Conduct draft

The Federal Government wants to establish a Code for aged care providers and workers to have a standardised set of behaviours and expectations to refer to when looking after aged care clients. 

The aim of the draft, released by the Department of Health and Aged Care in early October, was to seek industry and public feedback to refine and finalise the Code. 

Eagerly anticipated by the sector, the Code was recommended by the Aged Care Quality and Safety Commission and is based on the Code of Conduct model seen in the National Disability Insurance Scheme.

So what is in the Code and where do providers go from here?

What does the draft Code entail for providers?

The Code is set to commence on December 1, 2022, after the Government reviews the sector’s feedback to the draft.

The draft outlined eight broad behaviour statements that approved providers, aged care workers and governing persons will be expected to comply with under the Aged Care Act 1997 (the Aged Care Act).

It provided a broad framework of conduct that approved providers, aged care workers and governing persons will have a responsibility to uphold to ensure clients expect the same level of high quality and safe care, regardless of what provider they choose.

When providing care, supports and services to clients, the draft Code stipulates, as a provider, you must:

• 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 and abuse 
• Sexual misconduct 
•  Take all reasonable steps to prevent and respond to: 

• All forms of violence, discrimination, exploitation, neglect and abuse 
• Sexual misconduct

Aged care leaders have reviewed the draft Code and provided feedback to ensure it will be fit for purpose within the sector, as well as to see how it will translate into providers’ organisation.

Industry peak body, Aged & Community Care Providers Association (ACCPA), was among the experts who reviewed the draft to ensure it was up to standard.

New Chief Executive Officer (CEO) of ACCPA, Tom Symondson, said the peak body was looking to see if the Code is appropriate for the aged care providers, workers and clients.

“The key issues for us [is] ensuring that the Code is consistent with the Standards, that there are clear expectations for providers in relation to supporting and policing the Code, and that staff are afforded natural justice in relation to the enforcement of the Code by the Commission,” Mr Symondson said. 

“We also want to make sure providers have enough time to incorporate the Code into their existing employee training and onboarding programs to avoid wasting scarce time and resources.”

According to the Department of Health and Aged care, there was broad support for a Code to achieve greater and consistent protections for any person using care, support and services, and thought it was good to draw on the NDIS Code as the basis for this one.

But other stakeholders questioned whether it was appropriate to use the NDIS Code as the base model for the Aged Care Code, and whether it should be applied to both providers and workers, or whether two distinct codes should be developed to better support targeted behaviour statements.

Practical ways to begin preparation for the Code

This Code will have a big impact on the aged care sector and its providers, as the Commission will have the power to monitor and enforce the Code and intervene in any instances of mispractice, which may include banning or restricting individuals from working in the aged care sector.

In preparation for the Code to be rolled out at the start of December, providers can begin discussing what will change within their organisation and with their staff.

Before the code is implemented, providers can:

• Consult the Aged Care Quality Standards brought in by the Royal Commission into Aged Care Quality and Safety, which explains how providers should comply with their recommendations and what level of performance is expected 
• Consult the Charter of Aged Care Rights which describes the legislated rights of consumers accessing a Government-subsidised aged care service 
• Discuss these policies with staff and prepare them for the potential changes that may be implemented from the Code 
• See what current practices or processes are not fitting within the current draft Code

The Commission will host an explanatory webinar on Friday, November 11, to assist the sector’s workforce in understanding what the Code is and how it will impact them.

Since the Code will be enforceable by December 1, 2022, it is important for aged care providers to be across what it means for them. You can find the draft Code on the Health and Aged Care Department website.

What do you think of the draft so far? Do you think it will improve the sector? Tell us in the comments below.