Published by: Anita Courtney, Dr Melanie Tan, Solomon Miller and Libby Pallot
To date, much of the focus within the aged care industry in relation to COVID-19 has been directed at residential care – the government directives exclusively so. However the home care sector is also facing unprecedented challenges arising from the COVID-19 crisis.
For example, last week the media reported a home care worker who had returned to work without disclosing recent overseas travel delivered home care packages and potentially put vulnerable clients at risk. The converse situation could also occur, whereby a client does not disclose COVID-19 exposure or infection to their home care provider putting the provider’s staff and other clients at risk.
Under the Aged Care Act approved home care providers are required to continue delivering agreed services to their clients, despite the current challenges. The security of tenure provisions under the User Rights Principles generally prevent a home care provider from ending an agreement on the basis of these types of challenges.