Newsletter 

Friday, 7 June 2024

Newsletter Snapshot 

1.  Understanding Powers of Attorney in Aged Care 

2.  Delay to the new Aged Care Act - will the right changes be made?  

3.  Legal Update: Complaints received by ACJ 

4.  Restrictive Practices Education Project  

Aged Care Justice (ACJ) is a not-for-profit charity connecting aged care recipients and their loved ones to legal services.

If an aged care recipient is experiencing problems with their treatment or quality of care, we can connect them or their representative to a lawyer for a free legal consultation.

Call (03) 9016 3248, email info@agedcarejustice.org.au or click the button below to fill in the Get Help Form.

Understanding Powers of Attorney in Aged Care  

Aged Care Justice (ACJ) frequently receives complaints from family members or friends of aged care recipients who are concerned about how the recipient is being treated by an appointed decision maker, such as a Power of Attorney, Enduring Power of Attorney or Guardian. 

A common complaint is that a relative has been banned from visiting their loved one by an appointed decision maker. 

Understanding the obligations and limitations of these roles is important to ensure the interests of the person receiving care are protected.

In order to educate the public on this topic, ACJ approached a Barrister and a Law Professor to undertake research so we can develop legal fact sheets for the aged care community. 

The research has been completed and we are now in the process of developing a fact sheet for each state and territory on the powers and limitations of appointed decision makers.

The fact sheets will be available on our website and will be distributed through our newsletter and social media. 

Delay to the new Aged Care Act: 

Will the right changes be made?  

The new Aged Care Act ('the Act') was scheduled to be implemented mid-2024. An Exposure Draft ('the Draft') was released in December 2023 with a deadline for feedback by mid-February 2024. 

Federal Aged Care Minister Anika Wells announced that after receiving 'strong feedback', further review is needed and the Department of Health and Aged Care will ‘update the commencement date’, which is yet to be confirmed. 

ACJ submitted a joint submission in response to the Draft, raising concerns regarding access to justice and independent oversight of complaints. 

The Draft outlines the new system of delivering aged care services to Australians in residential and home care. Although the Draft is promoted to be ‘person-centred’ and ‘rights-based’, the Statement of Rights is predominantly unenforceable by the individual.

ACJ Chair, Sue Williamson, states “there is a high bar in accessing the new compensation pathway, and no funding for dedicated aged care legal support for those experiencing issues with their Provider”. 

"Many provisions in the Draft have increased the level of monitoring, reporting, and liability, however some significant Royal Commission recommendations have been overlooked." says ACJ CEO, Anna Willis. 

ACJ would like to see revisions made to the Draft so that older Australians accessing care can be effectively safeguarded and empowered. 

To read ACJ's joint submission on the Exposure Draft click here

Legal Update: Complaints Received by ACJ 

ACJ has received over 17 complaints and queries over the past 7 weeks, involving a range of issues including;

• charging for services not rendered 

• lack of appropriate care after returning to facility from hospital causing significant injury

• injury resulting from facility failing to seek urgent medical attention

• banning a family member from visiting due to family dispute 

Most matters found resolution without legal action. However, for some there was no legal recourse. We are advocating for legal reform in areas where legal action and remedies are limited.

If you or your family member, or friend, is experiencing an issue with their aged care provider and are unsure of their rights or options, ACJ may be able to arrange an initial free legal consultation with a lawyer. Use our Get Help Form, or email info@agedcarejustice.org.au, or call 03 9016 3248.

ACJ Restrictive Practices Project   

First Education Topic: Chemical Restraint 

As part of our Education Project on Restrictive Practices funded by the Victorian Legal Services Board Annual Grant, ACJ is developing legal education material on chemical, environmental, physical and mechanical restraint. 

The first topic, Chemical Restraint, is a complex area involving the following issues: 

• the effects of psychotropic medication
• informed consent 
• capacity to make decisions 
• oscillating capacity, where a person's capacity to make decisions may change depending on their health condition
• alternative strategies to medication to modify concerning behaviour 

ACJ will be consulting both Providers and care recipients or their advocates, to gather information regarding what kind of legal information will be most beneficial for the aged care community. 

ACJ will be providing updates on this education project through this newsletter and social media. 

If you would like to be involved in our consultations or would like to share the questions you would like answered in our Chemical Restraint education material, please email info@agedcarejustice.org.au 

Access to legal information and support is vital for our most vulnerable, as is legal education and lobbying for sector reform. 

If you would like to support ACJ in delivering its aims please donate today.