News

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Published: November 26, 2021
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Environmental restraint: How Tribunals are likely to view restrictions to wanted items

Published by: Victor Harcourt, Anita Courtney, Johanna Heaven, Matthew Goessler, Julia Bell

How are Tribunals likely to view restricting access to wanted items?

Various Tribunals have interpreted the meaning of “environmental restraint” in cases before them, dealing with the NDIS regime. In the case of BYC [2020] NSWCATGD 69 (30 November 2020) the front gate of the property where the care recipient lived was locked overnight. Although BYC did not object to the gate being locked overnight, it still constituted an environmental restraint as his freedom of movement was restricted.

In the case of KKD [2019] NSWCATGD 4 (21 January 2019) the Tribunal found that the care recipient’s restricted access to the kitchen refrigerator to prevent excessive consumption of food and drinks was an environmental restraint. Locking doors and gates to prevent the care recipient from leaving to engage in food seeking behaviours was also found to be an environmental restraint.

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Environmental restraint: How Tribunals are likely to view restrictions to wanted items

Published: November 26, 2021
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Report on the Operation of the Aged Care Act

The Morrison Government welcomes the release of the Report on the Operation of the Aged Care Act (1997) – a vital overview of Australia’s age care system.

Minister for Health and Aged Care, Greg Hunt, and the Minister for Senior Australians and Aged Care Services, Richard Colbeck, said the report offered important insight into the sector’s operations during the 2020-21 financial year.

Importantly, it details the challenges faced by senior Australians and the aged care sector in the context of the COVID-19 pandemic and highlights the critical interventions made by Government as it responded to those challenges.

It includes an overview of systems and resources, service provision from community care through to permanent residential care, services delivered to people with diverse needs, and the provision of regulatory and prudential frameworks to ensure consumers receive high quality services.

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Report on the Operation of the Aged Care Act

Published: November 25, 2021
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Information for the Aged Care Sector – Issue 2021/22

News about the reforms:

• Have your say: Developing aged care quality measures and Star Ratings
• Get involved: Providers invited to trial quality measures
• Have your say: New residential aged care design standards
• Webinar: Aged care funding reform, 1 December 2021

Other news:

• Resources to help manage, re-engage and recruit volunteers
• Webinar: Employment of care and support workforce
• LGBTI aged care awareness training
• Aged Care Workforce Industry Council releases workforce insights

For residential care providers:

• Reminder: Buying or selling a service can impact resident fees

For home care providers:

• Improved Payment Arrangements: Home care claim tips

Read more:

Information for the Aged Care Sector – Issue 2021/22 (.pdf)

Published: November 24, 2021
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New National Aged Care Advisory Council established

Seventeen prominent Australians will provide expert advice on aged care issues and the implementation of the Morrison Government’s $17.7 billion reform agenda in response to the Royal Commission into Aged Care Quality and Safety.

Led by inaugural chair Andrea Coote, the National Aged Care Advisory Council will ensure aged care reforms meet the needs and expectations of senior Australians, their families and carers and the Australian community.

Minister for Health and Aged Care, Greg Hunt, said the Advisory Council formed part of the Australian Government’s comprehensive response to the Royal Commission.

“This is the most significant reform ever undertaken by an Australian Government to improve the care of senior Australians both in residential care and care at home,” Minister Hunt said.

“This Advisory Council will play a key role in guiding that implementation, alongside a new Council of Elders and an Inspector-General of Aged Care.

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New National Aged Care Advisory Council established

Published: November 19, 2021
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Commissioner to approved providers COVID-19 booster vaccine advice

Dear Approved Provider

Thank you for the leadership demonstrated throughout 2021 in supporting consumers and staff at your services to be vaccinated against COVID-19. As restrictions ease and jurisdictions increasingly open up, the risk of community transmission – and therefore transmission in aged care settings – remains.

On 8 November 2021, the Australian Government’s national rollout of the COVID-19 booster program in residential aged care began. All residential aged care service will be offered a booster clinic as part of the Commonwealth vaccination program. Information about the booster clinics has been provided to you by Dr James Hart from the National COVID Vaccine Taskforce (refer attached copy of correspondence).

Noting the strong international evidence in favour of a COVID-19 vaccine booster dose, the Aged Care Quality and Safety Commission (the Commission) strongly supports booster vaccination as an important step in ensuring a high level of protection against the worst effects of COVID-19 among consumers and staff.

The in-reach booster clinic to be made available to your residential service(s) will offer a booster dose to all residents and workers who received their second dose of a COVID-19 vaccine at least six months ago. Equally importantly, the clinic will also offer first or second doses for residents or workers who have not yet received this, and a third dose for anyone medically assessed as being severely immunocompromised.

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Commissioner to approved providers COVID-19 booster vaccine advice – 19 November 2021 (.pdf)

Published: November 15, 2021
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Protecting Older Australians: COVID-19 Update – 15 November 2021

In this edition:

• Aged Care Emergency and Crisis Management Training Program 2021 –
• Group and 1-2-1 Mentoring Now Available
• WA Health seeks feedback from IPC Leads on new IPC Guidelines
• Queensland Health – Vaccine requirement for in-home care workers
• Victorian Health – new website and resources
• NSW Health Update
• ACT Chief Health Officer (CHO) Update
• SA Health
• Updated Directions for aged care providers in SA
• Particulate Filter Respirator (PFR) Fit Check education for SA RACFs

Read more:

Protecting Older Australians: COVID-19 Update – 15 November 2021

Published: November 11, 2021
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Information for the Aged Care Sector – Issue 2021/21

Reforms:

• New My Aged Care face-to-face services launched with Services Australia
• Extension of Aged Care Navigator Trials to help more Senior Australians
• Extension: Have your say about changes to allocation of residential aged care places
• Reminder: Get involved with the development of quality indicators
• What we’ve heard: Home care provider research findings

General:

• My Aged Care partnership to better support bereaved family members
• Free interpreting service for aged care providers

Residential Care:

• Education program to reduce medicine-related problems in older people
• Reminder: Do not discharge temporarily relocated residents

Home Care:

• Home Care Package Provider Stocktake closes 19 November
• Improved Payment Arrangements – tips
• September 2021 National Summary of Home Care Prices

Read more:

Information for the Aged Care Sector – Issue 2021/21 (.pdf)

Published: November 8, 2021
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Start of COVID-19 booster vaccination program

Today, the Australian Government’s COVID-19 booster vaccination rollout program officially gets under way, with the initial focus on residential aged care and disability facilities.

Everyone living in Australia aged 18 and over who has completed their primary two-dose course of vaccination at least six months ago is now eligible to have an additional booster shot.

The booster rollout program will initially target population groups that were prioritised for early vaccination because the great majority of people within these cohorts are now ready for their booster vaccination, having had their second dose six or more months ago.

As is the case for the primary course of vaccination, booster doses will be administered for free.

In relation to residential aged care facilities, the booster program will start with in-reach clinics delivered primarily by vaccine administration providers under contract arrangements with the Commonwealth.

The Australian Technical Advisory Group on Immunisation (ATAGI) has recommended the Comirnaty (Pfizer) vaccine be preferred for the booster dose – irrespective of what vaccine a person received for their primary course of vaccination.

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Start of COVID-19 booster vaccination program

Published: November 5, 2021
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New Directions for Aged Care Visits in Victoria

Published by: Victor Harcourt, Anita Courtney, Anthony Massaro and Matthew Goessler

Last Friday 29 October, Victoria moved to Phase C of the National Plan: the Vaccination Consolidation Phase. The focus of Phase C is to minimise serious illness, hospitalisations and fatalities as a result of COVID-19 with baseline restrictions. As part of the shift to baseline restrictions, restrictions on visitation in Victorian residential aged care facilities have relaxed.

Summary of the Directions

The Care Facilities Directions (No 48) (Directions) support the removal of restrictions on visitation at residential aged care facilities. The purpose of the Directions remain: “to make provision for restricted access to care facilities…balancing the need to limit the spread of SARS-CoV-2 against the broader responsibilities of care facilities to the physical, emotional and psychological wellbeing of their clients”.

Read more:

New Directions for Aged Care Visits in Victoria

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