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Law Council of Australia


Aged Care Quality Principles

The submission to the Department of Health (Department) in relation to the Aged Care Quality Standards (Standards) was prepared by the Law Council of Australia.

The responsibilities of approved aged care providers under the Aged Care Act 1997 (Cth) (Aged Care Act) include to provide a quality of aged care which complies with the Standards.1 The Standards are prescribed in Schedule 2 to the Quality of Care Standards 2014 (Cth) (Quality of Care Principles) 2 – an instrument made by the Health Minister under the Aged Care Act.

The Final Report of the Royal Commission into Aged Care Quality and Safety (Final Report) 3 recommended, to improve the efficacy of the Standards, that:

To date, those recommendations have not been fully implemented. The responsibility for setting the Standards does not appear to have been transferred to the Health Care Commission. Further, while the Standards are now subject to a review, the review is by the Department rather than the Health Care Commission. As part of that review, the Department has commissioned a survey of the aged care sector, seeking views on the current Standards.

In this context of that Departmental review, the Law Council makes the following recommendations:

In relation to the Royal Commission recommendations

In relation to the Aged Care Act

In relation to the Standards themselves

1 Aged Care Act, paragraph 54-1(1)(d).
2 Ibid, section 96-1.
3 Royal Commission into Aged Care Quality and Safety, Final Report: Care, Dignity and Respect (2021)


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