News

The Royal Commission updated their Q&A with further points of clarification.

A note cautioning against the risk of defamation has been added:

‘All individuals are recommended to take particular care when considering making submissions or providing information to the Commission that could be defamatory – such as statements or implications that may damage the reputation of another person. There should be some common law or statutory protection available to a person who is sued for defamation provided that any allegedly defamatory statements or imputations in the submissions or information given to the Commission were made by the person in good faith for the proper purposes of the Commission.

If an individual has concerns that information that he or she is considering providing to the Commission may be defamatory, the individual should consider seeking independent legal advice.’

(See RC Update 15[1])

The Royal Commission has today provided additional detail around:

The definitions of mistreatment and abuse

‘In considering the terms ‘mistreatment’ and ‘abuse’, providers should take a common-sense view that considers community expectations. ‘Mistreatment’ is treating someone badly or wrongly. ‘Abuse’ may take the form of financial, sexual, psychological, emotional, or physical abuse. It includes acts that cause harm or distress in situations where there is an expectation of trust in a relationship. That harm or distress may be caused by a single or repeated act or failure to act.

Instances of abuse or mistreatment may include but should not be limited to alleged or suspected reportable assaults which, under section 63-1AA of the Aged Care Act, approved providers of residential aged care must report within 24 hours to local police and the Secretary of the Department of Health.’

Complaints to be included in Question 2

The Royal Commission Secretariat has advised that:

‘The information provided in responses should relate to all complaints whether substantiated or unsubstantiated.’

Read more:

FAQ on Aged Care Approved Provider Information Request – LAST UPDATED 11 December 2018 (.pdf)

In Case You Missed It – Below are links to recent articles on Aged Care and Healthcare that may be of interest:

Commission to kick off hearings on 18 January

Department backflips on ACFI pain ruling

Sanctions and non-compliance notices on the rise

I’m not a consumer, I’m a person!

Loophole means aged care resident killings ‘woefully under-reported’

Providers asked to give a five-year history of cases of poor care

Is the My Health Record technology out of date?

The Honourable Richard Tracey AM RFD QC has been appointed as a Commissioner for the Royal Commission into Aged Care Quality and Safety.

This appointment follows a request from the Honourable Justice Joseph McGrath for the revocation of his Commission, due to personal family reasons.

Mr Tracey will take up his appointment immediately, joining fellow Commissioner Lynelle Briggs AO.

Until August 2018, Mr Tracey served as a Judge of the Federal Court of Australia for 12 years and has been President of the Defence Force Discipline Appeal Tribunal and Judge Advocate General for the Australian Defence Force.

Mr Tracey’s appointment will have no impact on the timeframe for the conduct of the Royal Commission into Aged Care Quality and Safety, with the Royal Commission to submit to the Governor-General an interim report by 31 October 2019 and a final report by 30 April 2020.

In the 2018-19 Budget, the Government announced that it will design and implement a new framework for streamlined consumer assessments for all aged care services, to be delivered by a national assessment workforce from 2020. The new streamlined assessment process will provide a better experience for senior Australians by ensuring access to the right services to meet their care needs sooner.

The department has released a discussion paper to consult with the aged care sector and interested parties on the design of the streamlined consumer assessment model. For more information, and to provide your input, visit the Consultation Hub.

The consultation closes on Monday, 11 February 2019.

Read more:

Consultation – Streamlined consumer assessment for aged care

Consultation Hub – Streamlined Consumer Assessment for Aged Care

The initial hearing of the Royal Commission into Aged Care Quality and Safety will take place in Adelaide on Friday 18 January.

The Secretariat has advised that it is hoping to publish a Q&A page on their website to assist providers early next week. All enquiries to the Royal Commission secretariat should be directed to ACRCenquiries@royalcommission.gov.au

Response to Questions as provided by Royal Commission:

How is “substandard care” defined in questions 1 and 2?

What is covered by the terms “mistreatment” or “abuse”?

In answering questions 1 and 2, providers should include information about occasions where their service or outlet has provided care which did not meet the relevant quality standards under the Quality of Care Principles 2014 or other obligations under the Aged Care Act such as the Charter of Care Recipients Rights and Responsibilities. Providers should also include care which, in their view, did not meet the high standards of quality and safety that the Australian community expects of aged care services. In considering terms such as mistreatment and abuse, providers should take a common-sense view that considers community expectations.

What is meant by the term “systemic failure”?

It is recognised that some occasions of substandard care may be an isolated incident in a service which otherwise provides safe and high-quality care. Others will reflect a breakdown or failure on a broad or systemic basis across the service.

What is the difference between the information provided in relation to question 1 and question 2?

In relation to question 1, providers should include information on all such occasions of substandard care of which they ought to be aware, given their obligations as approved providers under the Aged Care Act and any other obligations under relevant Commonwealth or State and Territory legislation.

In relation to question 2, providers should identify information about complaints made directly to them, or about them to another body such as the Aged Care Complaints Commissioner, in relation to substandard care.

In this issue:

• New Aged Care Quality Standards
• New Aged Care Quality and Safety Commission
• Free online pain course for health professionals

Home care:

• Home care packages and the NDIS

Read more:

Information for Aged Care Providers – Issue 2018/22 (.pdf)

The department has considered the concerns of peak sector and allied health representatives regarding its recently published information about allied health professionals with ‘limited’ registration and pain management services under ACFI 12.4a and 12.4b.

In summary, allied health professionals with ‘limited’ registration will be eligible to provide pain management services under ACFI 12.4a and 12.4b provided that they are:

• operating within their scope of practice
• being supervised according to the terms of their registration.

Read more:

Further advice on limited registration – ACFI 12.4a and 12.4b

Department to consult sector on allied health professionals with limited registration providing complex health care services under ACFI 12.4a and 12.4b

Question 5 –Registration requirements for ACFI 12.4a and b

The 2017-18 Report on the Operation of the Aged Care Act 1997 is now available to download on the GEN Aged Care Data website.

The report details the operation of Australia’s aged care system during the 2017–18 financial year as well as a snapshot of the system as a whole. It is delivered to Parliament each year by the Minister in accordance with section 63-2 of the Aged Care Act 1997.

Read more:

2017-18 Report on the Operation of the Aged Care Act 1997 now available

2017–18 Report on the Operation of the Aged Care Act 1997 (.pdf)

Infographics – ROACA key facts (.pdf)

The new Aged Care Quality Standards (Standards) have been developed through significant consultation and co-design with the aged care sector. The Minister for Senior Australians and Aged Care, the Hon Ken Wyatt AM, MP has announced this important reform.

The new Standards have now been made in law and will take effect from 1 July 2019.

Read more:

New Aged Care Quality Standards are in law

Aged Care Quality Standards

New information on Aged Care Funding Instrument (ACFI) 12 Complex Health Care pain management items has been added to the department’s website under ‘Frequently Asked Questions’.

This is in response to multiple questions about who qualifies as a health professional for the provision of these services.

• It is expected that for the purposes of providing complex pain management treatments under ACFI items 12.4a and 12.4b allied health professionals will hold ‘general’ registration issued by the National Board for their profession.

• It is important to note the health professional providing the treatment must be acting within their scope of practice. This means they must only provide treatment which they are qualified to provide.

Read more:

FAQ – ACFI 12 Complex Health Care – Pain Management