Newsletter 

Wednesday, 28 June 2023

Newsletter Snapshot 

1. Latest aged care issues experienced by ACJ complainants 

2. New Consultant: ACJ welcomes Alwyn Blayse 

3. Insights from our Chair: Dr Bryan Keon-Cohen on aged care funding and meeting the standard of care

4. Reform: The formation of CARA, COTA & OPAN Roundtable on Aged Care and Aged and Community Care Providers Association's Financial Sustainability Summit

What are the types of issues in aged care settings being faced by older persons and their families? 

Aged Care Justice (ACJ) provides aged care residents, home care recipients and their families or friends access to legal services, so that the person who is experiencing substandard care or mistreatment by an aged care provider can have their legal rights explored and enforced.

Over the last two months, the types of complaints received by ACJ have involved the following legal issues: 

- wrongful death whereby negligent care may have caused the death of an aged care resident; 

- abuse of Enduring Power of Attorney and Guardianship powers where EPAs or Guardians, sometimes with the assistance of aged care providers, act beyond their powers and infringe the rights of the aged care recipient; 

- medical negligence involving untended wounds or incorrect medication being administered by medical professionals; 

- unfair contract terms of Residential Agreements which leave residents and their families disadvantaged; 

- fees or charges for products and/or services the resident cannot use or does not wish to use. 

Some complainants have already lodged complaints with the Aged Care Quality and Safety Commission (ACQSC) prior to seeking legal support,  however express dissatisfaction with the ACQSC's response and handling of the complaint. 

ACJ connects the complainant with a solicitor who has expertise in aged care matters so they can identify the legal issue(s) and explain the options available. 

We are currently developing Fact Sheets on various legal topics to help educate the aged care community on the rights of older persons receiving aged care. Topics include the 'Powers under Guardianship and Enduring Power of Attorney', 'Recognising Negligence in Aged Care', and 'Understanding your Aged Care Contract'. If you would like to help circulate our fact sheets to those in need please email Katrina at  info@agedcarejustice.org.au

Read legal articles by Aged Care Justice volunteers on our website 

New Consultant:

ACJ welcomes Alwyn Blayse

Alwyn Blayse is the CEO and Principal Physiotherapist at Allied Aged Care. Alwyn has been a physiotherapist for 24 years and started AAC in 2007 in regional Australia. Alwyn has led the AAC vision of helping those in regional areas with providing care and accessing high-quality allied health. He is on the steering committee for dementia at Central Queensland University (CQU) and is an invited lecturer at CQU Bundaberg. As a member of Aged Care Reform Now (ACRN) and Services for Australian Remote and Rural Allied Health (SARRAH), Alwyn actively advocates for the improved state of aged care by meeting with politicians, media, and providers to place a spotlight on why the current levels of allied health are inadequate. 

When we're talking about allied health levels, we're not just talking numbers, we're talking about real people, our Mums, Dads, and friends in nursing homes who may die from preventable death without the allied health that they need clinically.

- Alwyn Blayse

Insights from our Chair:

Dr Bryan Keon-Cohen on aged care funding and meeting a high standard of care 

The aged care sector continues to face challenges on many fronts, including ongoing reports of abuse and mistreatment of aged care recipients, workforce shortages, and the closure of aged care facilities. 

In May, the consultancy firm, Mirus Australia, caused controversy by claiming certain residents are more profitable than others and aged care facilities ought to reclassify residents in order to maximise profit before new regulations come into effect on July 1.  

According to Mirus, current funding subsidies do not cover the cost of newly mandated care minutes to be performed by a Registered Nurse for residents who require the highest level of care. 

I spoke to The Guardian and HelloCare about how the modelling raises many questions about how the aged care sector is funded and managed. 

Are providers being adequately financially supported by the Government to provide care in a sustainable way or are they too reliant on profitability? Is the sector being sufficiently regulated and monitored to ensure funds are allocated to achieve a safe and high standard of care? 

As an organisation who provides legal referrals for aged care service users, Aged Care Justice receives a wide range of complaints relating to the delivery of aged care, including neglect and mistreatment. Often, the families of aged care residents report that aged care staff seem stretched too thin or appear to lack the requisite skills to provide proper care. 

On June 1, ACJ consultant, Alwyn Blayse, attended the Financial Sustainability Summit at Old Parliament House in Canberra, hosted by Aged and Community Care Providers Association (ACCPA). The aim of the Summit, according to ACCPA, was to 'debate ways of modernising aged care funding for the next generation' and a White Paper will now be developed to advise the Government on an 'optimal aged care funding model'. 

Now is the time to get it right. With the new Aged Care Act currently being drafted, broader questions regarding how care delivery is approached, funded and regulated need to be addressed so that confidence in the aged care sector can finally be restored. 

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, email info@agedcarejustice.org.au or click the button below to fill in the Get Help Form.

ACJ Reform Initiatives  

Community of Aged Rights Advocates (CARA)

A Roundtable on Aged Care at Parliament House was held by Greens Senator Janet Rice on March 10. In attendance was Aged Care Justice, Aged Care Reform Now, QACAG, Carers' Circle, Aged Care Matters, Elder Rights Advocacy, Meals on Wheels, National Older Women's Network, Dr Sarah Holland-Batt, Margaret Walsh OAM and Gwenda Darling.

Since the Roundtable, those who attended, drafted and sent a letter to Aged Care Minister, Anika Wells, to raise the reform issues that we believe should be addressed, such as enforceable rights for aged care recipients, effective regulation of care practices and increased allied health provisions. 

In order to maintain the momentum of the collective, the attendees of the Roundtable have formed a large advocacy group known as Community of Aged Rights Advocates (CARA). CARA meet quarterly to discuss reform topics and initiatives in order to facilitate legislative change in aged care for positive care outcomes. 

Roundtable held by Older Person's Advocacy Network (OPAN) and Council of the Ageing (COTA). 

ACJ was also a part of the OPAN and COTA Roundtable held throughout May and June, along with various advocacy groups to discuss the changes we wish to see in aged care, particularly in the drafting of the new Aged Care Act. A letter has been sent to Minister Wells dated 15 June 2023, which documents the reform proposals by the Roundtable. An enforceable rights framework which gives legal application to the Charter of Rights under the aged care contract, is a legislative change ACJ would like implemented to ensure the rights of aged care recipients are adequately protected. 

Aged & Community Care Providers Association's Financial Sustainability Summit

As mentioned, on June 1, ACJ consultant Alwyn Blayse attended the Financial Sustainability Summit at Old Parliament House in Canberra, hosted by Aged and Community Care Providers Association (ACCPA). The aim of the Summit, according to ACCPA, was to 'debate ways of modernising aged care funding for the next generation' and a White Paper will now be developed to advise the Government on an 'optimal aged care funding model'. Big thank you to Alwyn for representing ACJ and relaying our concerns on the levels, management and regulation of funding in aged care to ensure high quality care can be delivered. Alwyn also represented Allied Aged Care in its mission to ensure aged care recipients receive the allied health care that they clinically need. 

Special thanks to Amina Schipp of Aged Care Reform Now for bringing aged care advocacy organisations and politicians together to meet and discuss much needed reform of the sector. 

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.