Aged Care Act delayed
Slated to take effect from 1 July, the Act could be delayed by more than a year.
Advocacy groups have called on the federal government to deliver the new Aged Care Act as soon as possible after it announced Wednesday that it intends to “update the commencement date of the legislation,” which was due to take effect from 1 July.
Recommended by the aged care royal commission in 2021, the reforms could be now delayed by more than a year, with July 2025 predicted as the new implementation date.
In a statement, Minister for Aged Care Anika Wells said the government is continuing to review stakeholders’ input on the exposure draft, which was released for consultation in mid-December. “The government is now considering the extensive and valuable feedback to refine and finalise the draft legislation before it is introduced to parliament,” she said.
While acknowledging that “proper scrutiny by parliament is important”, Patricia Sparrow – chief executive officer of advocacy group COTA Australia – told Community Care Review: “Older people shouldn’t have to wait another 15 months before these new rights protect them in aged care. With proper planning, we can make sure this bill is introduced without delay, scrutinised by parliament and passed this year with commencement shortly, including appropriate transition arrangements.”
Also speaking to CCR, Craig Gear – chief executive officer of the Older Persons Advocacy Network. “Older people have waited too long to have their rights enshrined in legislation,” he said. “This Act needs to get done as soon as possible – it has to get done in 2024. Older people have waited too long for legislation that puts them at the centre of their care where it should have always been focused. Let’s get this done.”
As Mr Gear points out: “It’s been five years since the royal commission, three years since they handed down their report. It was recommendation one, two and three.”
He added: “We’re really pleased that the government has put the exposure draft out, taken on the consultation. It’s now time to adjust the areas that need adjusting from the exposure draft and get the Act into place.”
Among the adjustments OPAN would like to see relate to issues around transparency of funding. “The other missing part was around the review and appeals chapter,” said Mr Gear. “We think it’s important for older people to understand how – if they don’t feel that an assessment is right or a care plan is right – they can raise those issues and ask for a review of those care plans or those assessments.”
Mr Gear told CCR OPAN is also calling for a robust complaints framework “so that when a complaint is raised it is dealt with as quickly as possible … and for older people to be heard and for providers to then be able to make changes to their services. We’re looking forward to seeing those sorts of elements as [the Act] moves forward.”
Earlier this month, in a submission to government OPAN and 11 other national organisations working with older people detailed other key requirements of a new Aged Care Act. They include:
- enforceable rights of older people that address the current power imbalance
- penalties for those found guilty of not upholding the rights of older people
- a guaranteed right to aged care visitors at all times
- a strengthening of diversity requirements.
Mr Gear told CCR OPAN is keen for those requirements to be implemented swiftly and for the bill to become law this year as planned. “2024 has to be the year we get a rights-based Aged Care Act. Older people need their rights enshrined in legislation. While there are some areas where we need to see improvements, we stand prepared to work with the government and aged care providers to find solutions. Let’s see the detail and let’s get on with it.”
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