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Law Council of Australia


A new model for regulating Aged Care—Consultation Paper No.2

The Law Council provided a submission to the Department of Health and Aged Care (Department) in relation to its ‘A new model for regulating Aged Care—Consultation Paper No. 2’ (Consultation Paper No. 2).

The Law Council appreciates the Department’s open and consultative approach. It is evident that submissions made in response to Consultation Paper No. 1, including the Law Council’s, have been considered in developing the regulatory framework. The Law Council also appreciates that the proposed framework generally reflects the spirit and intent of the recommendations in the Royal Commission into Aged Care Quality and Safety (Royal Commission) Final Report: Care, Dignity and Respect (Final Report). It notes that Consultation Paper No. 2 links back to those recommendations where applicable. However, the Law Council considers there should be greater transparency in directly addressing recommendations that have not been accepted.

This submission does not answer all the questions in Consultation Paper No. 2.1 It is divided into parts which respectively address the proposed regulatory framework by reference to the manner in which it will regulate aged care providers, and the identity, role and powers of the regulators. The submission conveys several observations and suggestions from the Law Council’s Constituent Bodies on each element for consideration.

1 The Law Council has indicated which subheadings relate to questions asked in the Paper.


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