/Adjusted%202021%20Originals/DRCS%20Logo%20BrandMark%20Positive%20w%20Square%20BG%20Left%20Aligned%20PNG-min.png?width=95&height=99&name=DRCS%20Logo%20BrandMark%20Positive%20w%20Square%20BG%20Left%20Aligned%20PNG-min.png "DR Care Solutions | Your Care, Your Support, Your Way | Aged Care & Disability Care Consulting Services")
Clear themes are emerging on how the proposed aged care legislation will impact Australians. Have your say until 16 February 2024.
© Danielle Robertson Consulting Pty Ltd t/as DR Care Solutions
It sounds ambitious but the Federal Labour Government is hoping to have the proposed new Aged Care Act operating from 1 July 2024 – that’s less than six months away!
Its introduction, and replacement of the existing 27-year-old Aged Care Act of 1997, will set the tone for what Australia’s aged care system will look like into the future.
This legislation is important, we hope revolutionary, in putting in place an aged care system our nation can be proud of.
Its genesis was the work of the Royal Commission into Aged Care Quality and Safety. The two Commissioners in their 2021 Final Report[1] put forward 144 recommendations and their first recommendation was to introduce a new Aged Care Act.
The new Act directly addresses 33 other recommendations including new protections for whistle blowers and larger penalties for aged care providers delivering poor quality care.[2].
It’s tremendous to see the Draft Exposure Bill (the Bill), which, once finalised and passed by both Houses of Parliament, will become law. And there has been a good deal of public consultation around it.
How the legislation may impact you
Assuming the contents of the Bill remain unchanged, we’ve highlighted how the legislation may impact you.
As a person receiving care
The news is all good for older Australians. This new legislation has been drafted to augment a fundamental change in how we provide care in our country in that it is all structured around the person receiving care, as it should be.
The rights of older Australians to quality and safe care are front and centre with their ‘Statement of Rights'[3] placed at the start of the Bill, rather than in a Schedule at page 325.
This sets the tone and culture of the new aged care system operating under this legislation. It is all about meeting the needs, wants and wishes of older Australians; in contrast to existing legislation which is structured around aged care providers.
No disruption to your existing care
Deeming provisions within the Bill ensure that existing providers of aged care will be deemed authorised providers under the new legislation. This means that your existing care will continue without disruption when the new legislation is enacted.
Mind you, your existing authorised provider will be working hard behind the scenes to make sure they are meeting the strengthened standards[4] of delivering quality and safe care contained within the legislation and the audit requirements of the Aged Care Regulator[5].
Decision-making around your care
The legislation ensures you remain the decision maker around your own care. In this regard it introduces two new concepts, the ‘supporter’ and the ‘representative’.
Supporter vs Representative
A ‘supporter’ is someone who can help you navigate the aged care system for you but does not made decisions for you. While a ‘representative’ is someone who supports you when you do not want to make decisions or you do not have the capacity to make decisions.
The representative has strong duties to try and assist you with your decision-making and when you do not or cannot make decisions, the representative must take steps to find out what your wants and wishes would have been. The representative must not make decisions according to what they think is best for the person they represent. We see that planning ahead will be vital for all older Australians.
These concepts are a true cultural shift in that every attempt must be made to help you make your own decisions or, if you are unable to do so, understand what decision you would have made – rather than have your adult child (your likely supporter or representative) step in and decide what they think is best for you.
This blog touches on just some of the elements of the new legislation[6] and expands on last week’s blog on the aged care issues we’re following in 2024[7].
Please note, you can still provide your input on the Bill by attending the virtual workshops next Monday 12 February and Wednesday 14 February.[8]
Need help caring for or supporting a loved one? Please feel free to call me, Danielle Robertson, at any time for an initial complimentary discussion on how to set up the right care, support and assistance at the right time and in the right place.
Resources
[1] Australian Royal Commissions: Aged Care Quality and Safety Final Report
[2] Australian Government Department of Health and Aged Care: About The New Aged Care Act
[3] Australian Government Department of Health and Aged Care: Exposure Draft Aged Care Bill 2023; see page 29
[4] Australian Government Department of Health and Aged Care: The Strengthened Aged Care Quality Standards - Final Draft
[5] Australian Government Department of Health and Aged Care: A New Model For Regulating Aged Care And New Aged Care Act - Frequently Asked Questions
[6] Australian Government Department of Health and Aged Care: What The New Aged Care Act May Mean For You
[7] DR Care Solutions: Aged Care Issues On Our Radar in 2024
[8] Australian Government Department of Health and Aged Care: Upcoming Consultation Workshops
