Inspector-General labels new Aged Care Act elements “largely aspirational”

Ahead of the Senate’s first public hearing on the new Aged Care Act, the Office of the Inspector General of Aged Care has labelled some elements “aspirational”, expressing its concern that it will not implement a rights-based framework like the Royal Commission into Aged Care Quality and Safety wanted.

The Office’s submission also raises concerns about the new single assessment system and whether it actually would provide certainty of access or reduce waiting times for people seeking aged care services.

Ian Yates AM, the Acting Inspector-General of Aged Care, has previously reiterated the importance of the new Act as it can create an improved aged care system where the rights of older people are prioritised.

However, while the Office acknowledges the Bill takes a great step forward by implementing almost 60 Royal Commission recommendations, it still worries some older people will not receive the care when they need it. 

“In particular, the intent of clause 23(2), which forms part of the new statement of rights, is to recognise ‘that the aged care system is not a demand-driven system and aged care resources are not unlimited’. Rather, an individual has a right to ‘equitable’ access to have their needs for funded aged care assessed or re-assessed. People who have been assessed as both in need of and eligible for support and care, but do not receive it, may find this notion of ‘equity’ confronting,” the submission read.

“Taken as a whole, the operation of the Bill is clearly designed to implement a system of rationing the provision of aged care, and maintaining a separation of care in the home and in residential facilities. These provisions preserve the principle of aged care being delivered through a finite number of places.”

Concerns over the rights-based framework included in the new Act were also highlighted. The submission called the Government’s approach to a rights-based framework “aspirational” while it questioned what positive action the new Complaints Commissioner could take to assert an individual’s right. 

“The Office is concerned that it will not implement a rights-based framework as clear or as robust as Royal Commissioners envisaged, because the pathways available to individuals to understand and assert their rights lack the necessary vigour to drive real change,” it said.

“The Explanatory Memorandum clarifies that the approach to embedding high quality care is to provide a clear goal for providers and workers to aim toward for in delivering aged care services.7 While clause 147 provides that registered providers must demonstrate a capability for, and commitment to, continuous improvement towards the delivery of high-quality care, no definitive timeframes are specified, and the terms of the clause are again largely aspirational.”

Elsewhere, it argues that stronger training requirements are required with the current proposed obligations falling short of indicating which providers and workers are subject to training requirements and what training will be mandated.

The Office supported strengthened provider governance legislation, welcoming the suite of provisions that will prioritise high-quality care for older Australians. 

Quality and Safety Commission highlights its role

Another body that provided a submission was the Aged Care Quality and Safety Commission. It reinforced its commitment to regulating funded aged care services while also highlighting that it will support the Commissioner, Janet Anderson PSM, and the Complaints Commissioner.

“Both the Commissioner and the Complaints Commissioner, through their respective functions, will have a responsibility to uphold the rights under the Statement of Rights, as well as to protect and enhance the safety, health, wellbeing and quality of life of individuals accessing funded aged care services,” The Commission’s statement read.

“The Commissioner and Complaints Commissioner will separately have the power to do all things necessary and convenient to carry out their responsibilities.

“Consistent with the Royal Commission’s recommendations, the powers of the Complaints Commissioner will not be focused on monitoring providers’ compliance with their obligations. Rather, the powers are directed towards facilitating meaningful resolution of complaints, and requiring the participation and engagement of providers and aged care workers in the complaints resolution process.”

While the Commission’s submission did not call out many areas of concern, it did reveal the national regulator is updating its processes and systems to support the new model of provider registration. For the first time, corporations and other entities can register to deliver funded aged care services.

It will also closely work with the Department of Health and Aged Care to transition to the new registration framework with a suite of resources under development to help aged care providers.