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Law Council of Australia


A New Aged Care Act: the foundations— Consultation paper No. 1

The Law Council provided a submission to the Department of Health and Aged Care in relation to its A New Aged Care Act: the foundations—Consultation paper No. 1 (Consultation Paper). The Consultation Paper exhibits a commitment to give effect to recommendations in in the Final Report of the Royal Commission into Aged Care Quality and Safety (Final Report) relating to the establishment of a new rights-based Aged Care Act.

The Law Council supports the establishment of a new rights-based Aged Care Act. Many rights and freedoms to which Australia is obliged to implement domestically are engaged in an aged care setting. The Law Council seeks to assist the Department to build a coherent rights-based Act by drawing on its technical expertise in statutory frameworks and Australia’s international human rights obligations, and practitioner experience within the aged care framework.

The Law Council has not responded to all the questions in the Consultation Paper: it has focused on the ‘Statement of Rights’ and ‘Supported Decision-Making’ chapters. The Law Council maintains the views expressed in its two previous submissions, which address other matters in the Consultation Paper and are attached (Attachments B and C). This submission also conveys the views of its constituent bodies on other aspects of the Paper.


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