Australia’s new Aged Care Bill was introduced in September 2024 and will commence from 1 July 2025. The new Act creates significant changes to aged care in Australia, and providers should make sure they are aware of the obligations they will be required to meet.
The new Act includes strengthened Quality Standards, which will apply on commencement. The new standards expand the existing 8 Quality Standards to focus aged care services on partnering with the individual, giving agency to the older person, and recognising what is important to them. Providers will be required to make holistic changes. From a legal perspective, being able to support an organisation’s approach to aged care service provision with appropriate internal policies, programmes and methodologies will be critical. Providers should carefully review the strengthened standards which are available here. Examples of the required updates include:
- Flexibility and respect for the individual – a fundamental message of the strengthened Standards is that older people matter, are important and must be treated with dignity and respect. There is a focus on understanding individual choices and needs and enabling their contribution to their communities. This includes ensuring the cultural safety of care for Torres Strait Islander and Aboriginal peoples.
- Quality indicator data – providers must implement data gathering to analyse their services and measure their performance against the regulatory requirements. Services must be based on a contemporary evidence-based approach and show continuous improvement.
- Evidence-based practice – organisations should be able to show the link between their services and contemporary science-based approaches and prove that they are aware of, and implementing best practices.
- Risk management should include risk analysis, including consideration of complaints and incidents. Providers need a data-based incident management system that records and documents incidents and responses to those incidents. There is alsoa significant focus on supporting individuals in reporting complaints and incidents.
- The workforce – service providers are requested to minimise the use of contractors and use direct employment where possible. Providers should record the number and mix of its workforce both in place and required to achieve quality care provision. Workers should be supported by strategies to ensure their satisfaction and psychological safety and must receive regular competency-based training.
- Disaster recovery – providers must develop emergency and disaster management plans that describe how the organisation and workers will respond to an emergency. Older people should be consulted in the preparation of the plan and it should be tested with older people, family, carers and workers, together with other response partners.
Providers have less than 6 months to ensure their services, processes and systems are up to date and should implement changes as soon as possible. Flint Lawyers can assist you in ensuring that you remain compliant – please contact us for further advice.