A New Approach to Regulating Aged Care
The Law Council of Australia provided a submission to Department of Health and Aged Care in response to its ‘A new model for regulating Aged Care—Consultation Paper No. 1’ (Consultation Paper).1
The Final Report of the Royal Commission into Aged Care Quality and Safety (Final Report) called for a ‘philosophical shift’ in the Commonwealth regulation of aged care to place ‘the people receiving care at the centre of quality and safety regulation’, underpinned by a system which empowers care recipients and respects their rights.2
The Law Council has long expressed support for fundamental reforms to the aged care framework which are consistent with this call,3 and has specifically supported4 the recommendations of the Final Report that a new rights-based Aged Care Act come into force by 1 July 2023.5
In this context, the Law Council is pleased to see that the Consultation Paper commits to introducing a ‘modern and fit-for-purpose regulatory model’ to underpin a new Aged Care Act,6 which is founded on, in part:
- a rights-based approach, which ensures that ‘protections are in place to uphold the rights of older persons’;7 and
- a person-centred approach, which places the ‘needs, goal, values and preferences of older Australians … at the heart of the regulatory model’.8
These are worthy aspirations. However, more detail is required on each to form a view as to whether, based on these foundations, the new Aged Care Act will give effect to the ‘philosophical shift’ envisaged in the Final Report.
Read the full submission below.
1 Department, Consultation Paper, https://consultations.health.gov.au/best-practice-regulation/aged-careregulatory-framework/user_uploads/final-new-model-for-regulating-aged-care-sep-2022.pdf (webpage, accessed on 25 October 2022).
2 Final Report of the Royal Commission into Aged Care Quality and Safety (Final Report, 26 February 2021) vol 1 (Final Report vol 1) 21.
3 Law Council of Australia, Submission to the Royal Commission into Aged Care Quality and Safety, Aged Care Quality and Safety, 29 July 2020 (Submission to the Royal Commission) https://www.lawcouncil.asn.au/publicassets/5b9b103f-3bdc-ea11-9434-005056be13b5/3854%20%20Aged%20Care%20Royal%20Commission.pdf; Law Council of Australia, ‘Government must act on Royal Commission recommendations’ (media release, 1 March 2021) https://www.lawcouncil.asn.au/media/mediareleases/government-must-act-on-royal-commission-recommendations.
4 Law Council of Australia, Submission to the Senate Standing Committee on Community Affairs, Aged Care and Other Legislation Amendment (Royal Commission Response No. 1) Bill 2021, [33]-[34] https://www.lawcouncil.asn.au/publicassets/d0e4ed75-47c7-eb11-943c-005056be13b5/4015%20%20Aged%20Care%20Royal%20Commission%20Response%20No%201%20Bill%202021.pdf; Law Council of Australia, ‘Call to Parties’ (April 2022) Law Council of Australia, 20 https://www.lawcouncil.asn.au/publicassets/919cc01e-23b9-ec11-944c005056be13b5/Call%20To%20Parties%20Final-Web.pdf; ‘Australia must address elder abuse’ (media release, 15 June 2022) https://www.lawcouncil.asn.au/media/media-releases/australia-must-address-elderabuse.
5 Final Report vol 1, recommendations 1-3, 205-207.
6 Consultation Paper 5.
7 Ibid 11.
8 Ibid 11.
Last Updated on 11/10/2024
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