Newsletter 

Tuesday, 31st January 2023

'Unreasonable use of force' was the highest reported serious incident in aged care in the last financial year.  

An alarming 37,833 serious incident notifications were received by the Aged Care Quality and Safety Commission during the 2021/2022 financial year, as reported by the Productivity Commission. 

Incidents reportable under the Serious Incident Response Scheme (SIRS) include: unreasonable use of force, unlawful sexual contact or inappropriate sexual conduct, neglect, psychological or emotional abuse, unexpected death, stealing or financial coercion by a staff member, inappropriate use of restrictive practices and unexplained absence from care. 

The Productivity Commission also revealed that approximately 21% of aged care residents were physically restrained during the reporting period. 

If you would like to know what physical or medical restraint may look like so you can be sure your loved one is being cared for appropriately, click below to see Fact Sheets on Restrictive Practices. 

Understanding your legal rights.

Paying for your aged care accommodation.

When an older person moves into an aged care facility, they may pay their accommodation costs in one of three ways: a refundable accommodation deposit (RAD), a daily accommodation payment (DAP), or a combination of the two. Navigating what is best for you and your family can be confusing. Some people may choose to seek legal or financial advice before signing a contract containing payment terms. An emerging trend shows aged care residents choosing to pay a daily fee instead of a large lump sum payment. Aged Care Justice volunteer, Harriet Knapman, explores the different payment options and their benefits and drawbacks. 

Read more articles by Aged Care Justice volunteers on our website 

Legal Insight

Dr Bryan Keon-Cohen AM KC, Chair of Aged Care Justice.  

An Inspector-General of Aged Care:

Will the appointment of an Inspector-General of Aged Care improve the aged care system? 

The Royal Commission into Aged Care recommended that an independent Inspector-General role should be established to oversee the aged care system and identify 'systemic' issues in the sector. The goal being to address recurring problems so that care delivery can be improved across the industry. 

The Albanese Government has released a draft Bill on the appointment of the Inspector-General, and Aged Care Justice, in consultation with other advocacy groups, provided a submission in response to the draft. Aged Care Justice welcomes the appointment of an independent Inspector-General who sits separately to the complaints regulator. However, we believe the proposed powers and functions of the position, outlined in the draft Bill, fall short in some key aspects recommended by the Royal Commission. 

One of the key functions was that the Inspector-General provide regular reviews of the regulator's decisions to ensure 'regulator integrity and performance'. Currently, the draft Bill does not include a system or function in which the Inspector-General consistently reviews the regulator’s performance, outside of conducting reviews which are discretionary. 

To enable the Inspector-General to identify systemic issues in the aged care system, they must be directly involved with aged care complainants. To do that, the Royal Commission recommended that complainants be able to go direct to the Inspector-General if they are not satisfied with how a complaint has been handled by the regulator or believe the complaint warrants the attention of the Inspector-General. It is vital that the Inspector-General has interaction with aged care complainants as a systemic reform body. 

There is agreement that the Inspector-General has to be an independent body, and as such, the draft Bill supports the appointment of the Inspector-General by the Governor General. However, there are some questions on the extent of that independence due to Ministerial discretion and oversight with respect to sector reviews. 

An independent Inspector-General with powers to conduct independent reviews, identify and resolve systemic issues quickly by interaction with the aged care community, and report publicly, is vital in improving public confidence in the aged care sector. 

Aged Care Justice (ACJ) connects aged care recipients and their loved ones to legal services. If you have an issue with an aged care provider, a free legal consultation is available to everyone, as well as pro-bono assistance for those who qualify. Call (03) 9016 3248 or email info@agedcarejustice.org.au or click the button below to fill in the Get Help Form.

Education Project

Aged Care Justice would love to hear from you.

We are currently developing educational material to help residents, home care recipients and their families better understand the aged care agreement. If you experienced confusion or encountered issues when dealing with the agreement process or terms, and would like to share, please email info@agedcarejustice.org.au

This information will help us develop fact sheets, so people are better informed and equipped to navigate the aged care agreement.  

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.