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Newsletter
Monday, 20 November 2023
Newsletter Snapshot
1. Understanding your Rights on Restrictive Practices: ACJ to Develop Education Project via the Victorian Legal Services Board Grant Scheme
2. ACJ attend Department of Health's Roundtable on Aged Care, hosted by Aged Care Minister Anika Wells
3. Legal Update: Complaints Received by ACJ
4. ACJ Reform Initiatives
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.
ACJ to Develop Education Project via the Victorian Legal Services Board Grant Scheme
Aged Care Justice has been successful in receiving funding through the Victorian Legal Services Board Annual Grant.
The funding will allow for the delivery of a legal access and education project to help address the widespread and inappropriate use of restrictive practices. The project commenced on November 1 2023 and will end on October 31 2025.
The overuse and unlawful use of restrictive practices is a systemic issue, as revealed by the Royal Commission into Aged Care Quality and Safety. While the Department of Health have attempted to respond to this issue by implementing a consent framework, the regulations are complex and have been argued by advocates to disempower aged care recipients. Through our research and education, we hope to empower aged care recipients and their families by knowing and enforcing their rights.
The project involves researching the use of restrictive practices in aged care, educating the public and aged care community on the current law, and referring those in need of legal support to ACJ, to improve access to justice in this area.
The activities include a detailed research report, community and sector consultation, creation of 19 fact sheets and webinars for the public and dissemination of the research to the aged care community.
Read legal articles by Aged Care Justice volunteers on our website
ACJ attend Department of Health's Roundtable on Aged Care, hosted by Aged Care Minister Anika Wells
ACJ received a formal invitation from the Department of Health and Aged Care to attend their Aged Care Roundtable at Parliament House, Canberra.
Consultant to ACJ and Senior Solicitor at Elderlaw Legal Services, Rodney Lewis AM, attended and represented ACJ on the 23rd of August. Rodney raised issues such as an enforceable rights framework under the new Act and greater legal protections under the aged care contract.
While the consultation paper for the new Aged Care Act referred to a revised duty of care and a compensation scheme for aged care victims, ACJ believes the changes do not go far enough to adequately protect aged care residents and home recipients.
We believe rights should be enforceable under the contract and that each person entering a contract be given an avenue to independent and free legal support, so they can confidently understand their rights and options.
ACJ would like to thank Rodney for representing our organisation at Parliament House and for his dedication to driving aged care law reform.
Legal Update: Complaints Received by ACJ
ACJ has dealt with a diverse range of complaints this year, encompassing issues such as:
restricted access to loved ones for families
physical injuries sustained within aged care facilities
instances of medical negligence
chemical restraint
contractual disputes.
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.
ACJ is currently undertaking a project to provide information regarding banning or restricting someone from visiting an aged care resident. This is a common query ACJ receive which can cause great distress for the people involved. If you have a story to share on this matter please contact ACJ at info@agedcarejustice.org.au
ACJ Reform Initiatives
Aged Care Quality and Safety Commission (ACQSC) Capability Review
On August 21, ACJ and a collective of organisations, penned a response to the 'Final Report of the Independent Capability Review of the Aged Care Quality and Safety Commission’ and the recommendations made within.
The response was prepared by Aged Care Justice, Aged Care Reform Now, Aged Care Crisis, Allied Aged Care and Carers’ Circle.
The ACQSC was found by the Royal Commission into Aged Care Quality and Safety to be fraught with deficiencies to properly regulate the sector. ACJ are consistently provided reports of dissatisfaction with the Commission's responses to complaints. See here for an ACJ article on the types of issues complainants have experienced with the Commission.
Below are some of the key points of our submission:
- The current structure of the ACQSC should not be maintained given its deficiencies outlined by the Capability Report and the Royal Commission. The Royal Commission recommended its abolishment and a new model be implemented, however the Capability Report is recommending to maintain the current model with increased resources.
- The Regulator’s lack of independence has proven problematic given it is both accreditor and complaints handler, and acts on Ministerial direction. Commissioner Tony Pagone, recommended the Regulator be an ‘independent statutory body’. We support this recommendation to restore public confidence in the sector and increase complaint handling efficacy.
- The highly centralised system of the ACQSC lacks local and community engagement and decreases complainant confidence in complaint investigation. A community-based approach is required to ensure local understanding of the issue, impartiality of the investigation and timely resolutions.
Click green button below for full submission.
Consistency in Laws for Financial Enduring Powers of Attorney
The Attorney-General's Department is consulting the public on 'achieving greater consistency in laws for financial enduring powers of attorney' in order to address elder financial abuse. This is an interest area for ACJ who are working on a project to help drive reform and education in relation to powers of attorney, guardianship and medical decision making. Strengthening legal protections to drive ethical and supportive decision making can help reduce the abuse of older Australians in aged care.
New Aged Care Act
The Exposure Draft of the new Aged Care Act is scheduled to be released by the Department of Health next month. We look forward to reviewing the Draft and providing our feedback in order to enhance the wellbeing and legal protections of aged care recipients in residential and home care.
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.
