Aged care Bill passes

Addressing parliament this week, Minister for Aged Care Anika Wells has celebrated the passing Aged Care Bill 2024 to make the new Aged Care Act law.

A new rights-based Aged Care Act was the first recommendation of the Royal Commission in Aged Care Safety and Quality. She said passing the bill implements this key recommendation along with 57 others. 

“Today marks the passage of the most impactful aged care reform in 30 years. Today, our rights based aged care bill passed the parliament putting older people and not providers at the centre of aged care,” she told the house on Monday.

“The new Support at Home program will support all of us to live independently in our own homes for as long as possible as we age. The aged care system will be fair and financially sustainable, with those who can afford it making contributions towards the cost of their own care.

“The aged care system, the older people, will be cared for by skilled workers who are properly respected and fairly paid. This bill puts high quality, safe and compassionate care and services first,” she said.

Ms Wells committed amendments from the Opposition and Senator Pocock made during the Senate debate, as well as those from the government.

“The government’s amendments are designed to address key concerns that were raised by the aged care sector, older people and unions during the community affairs inquiry,” she said.

They include:

• to make key changes to the enforceability of the statement of rights and the corresponding condition of registration
• to mandate financial hardship as a circumstance for the fee reduction supplement,
• to remove decision making supporters and streamline the strengthened safeguards in place and supported decision-making framework,
• to sunset the immunity provision for restrictive practices
• make minor policy and technical corrections to the bill.

“I thank members and senators, and especially Senator Anne Ruston, who worked with the government on this reform.”

Opposition to continue call for rules

Last Friday, after the bill passed the Senate the evening before, Senator Ruston said the opposition upheld its commitment to a rights-based act for older Australians by passing the legislation, but noted “several shortcomings in the Bill”.

She said securing an open inquiry into the reforms allowed an opportunity to get that feedback nationally and obtain further important changes, including the removal of the caps on cleaning and gardening services.

Ms Ruston said other changes secured include:

• additional inquiries into the unseen associated rules
• ensuring the powers of the Aged Care Quality and Safety Commission to place provisions on the sector are subject to the scrutiny of the Parliament
• greater transparency and accountability for the Aged Care Complaints Commissioner
• ensuring no aged care resident is denied access to the person they designate
• a commitment to release an additional 83,000 home care packages (read more about these packages here).

However, she said she was disappointed some of their amendments were voted down including to ensure an adequate transition period and arrangements.

“The Coalition continues to call on the government to be transparent and release all of the associated rules as soon as possible. Withholding this critical information prevents all stakeholders from being able to understand and prepare for the full impact of the reforms,” Ms Ruston said.

Peaks welcome news but reiterate timeline concerns

The monumental occasion has been welcomed by aged care stakeholders including provider peak body Aged and Community Care Providers Association.

“This truly is an historic moment in Australia’s aged care reform journey,” said ACCPA chief executive officer Tom Symondson. “Our elected politicians should be congratulated on reaching rare bipartisan support for these landmark reforms.”

However, he reiterated the need for realistic transition times and support to implement the reforms.

“We can’t have a situation where parts of the new Act are implemented, with mandated requirements that simply can’t be achieved due to a lack of lead time,” Mr Symondson said.

“Failure would have a disastrous impact on the confidence of the sector. Everyone wants this reform to succeed, but that means a staged approach to implementation should be adopted. We only get one chance to get this right.”

Catholic Health Australia – which represents catholic providers of aged care – also welcomed the reforms.

“Aged care providers can now move to a sustainable footing and start to look at expanding operations where there is unmet need, particularly among vulnerable and marginalised communities,” said Laura Haylen, director of aged care policy at Catholic Health Australia.

CHA too raised concerns about the timelines and called for a phased transition.

“Providers and older Australians will need time to adapt to the reforms in a staged way, particularly with regard to home care,” said Alex Lynch, CHA’s director of public health and in-home support policy.

“We will continue to advocate for transitional arrangements through the Aged Care Transition Taskforce and consultation on subordinate legislation.”

Consumer peak COTA Australia also said their advocacy would continue.

Acting chief executive Corey Irlam said despite taking a long time to arrive, the country finally has a new Act that puts the needs of older people ahead of those of providers.

“With the core foundations now in place we will continue to engage in conversations about the transition and the details of subordinate legislation to ensure the new Aged Care Act delivers fair, equitable, affordable, transparent and quality aged care for older people,” Mr Irlam said.

“This isn’t the finish line – it’s the start of the next crucial phase in the push to protect the rights of older people.”

Transition taskforce to ‘stress test’ reforms

Ms Wells told a press conference on Monday afternoon the new Aged Care Transition Taskforce, led by Anne Burgess, would stress test providers’ reform implementation concerns.

“[Anne Burgess is] independent and the point of the taskforce is to stress test these reforms. Whether you are a multinational provider or you are an independent, volunteer board run cottage nursing home in rural Australia, you can bring your concerns to the transition taskforce and have them stress tested so that everybody who needs a heads up gets that heads up as soon as possible,” Ms Wells told the press conference.

The transition taskforce, which will provide advice to government, will include aged care provider representatives, consumer advocates, ICT specialists, primary and clinical care experts, and representatives from the Department of Health and Aged Care and Aged Care Quality and Safety Commission.

It is due to meet for the first time this Thursday, Ms Wells said.

“You would have seen we’re bringing together all the different Australian Government agencies who have a say in this, and they’ll be a part of the taskforce, getting this up and trying to work through those problems so that we can be ready for 1 July,” Ms Wells told reporters.

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