2023 End of Year Newsletter 

Thursday, 21 December 2023

2023 End of Year Newsletter: Snapshot

1.  A Message from our Chair, Sue Williamson: 2023 in Review. 

2.  Aged Care Act Exposure Draft: Insights from our CEO, Anna Willis.   

3.  Legal Update: Complaints Received by ACJ. 

4.  ACJ is available throughout the holiday period. 

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.

A Message from our Chair, Sue Williamson

The Year in Review 

2023 marked a significant transitional phase for ACJ. It has evolved from an embryonic start-up that needed to prove its worth or risk fading into obscurity, into a recognised entity that plays an indispensable role in the aged care community.

This year, we have assisted over 70 individuals in accessing legal advice and delivered crucial legal education on aged care matters to Our Community and the general public.

ACJ has dealt with a diverse range of complaints this year, encompassing issues such as restricted access for families, physical injuries sustained within aged care facilities, instances of medical negligence, chemical restraint, and contractual disputes. Most matters found resolution without legal action. However, for some there was no legal recourse. We are advocating for legal reform to ensure that all complainants have equitable access to legal remedies when required.

ACJ's active involvement in various roundtable discussions and summits, such as Greens Senator Janet Rice’s Roundtable, COTA/OPAN Roundtable, and the Financial Sustainability Summit hosted by the Aged and Community Care Providers Association (ACCPA), has strengthened our voice in advocating for necessary reforms. Notable contributions were made by CEO Anna Willis, consultant Rodney Lewis, and ACJ consultant Alwyn Blayse, who represented ACJ in these crucial forums.

ACJ successfully secured funding through the Victorian Legal Services Board Grant Scheme. The grant project, scheduled to run from 1 November, 2023 to 31 October, 2025, focuses on in-depth research into restrictive practices within aged care. The project aims to educate the public and the aged care community on current laws and therefore should facilitate more complaints being registered and allocated to our legal firms, fostering improved access to justice for Our Community. Activities will include comprehensive research, community and sector consultations, creation of 19 informative fact sheets and webinars for public dissemination, specifically tailored to the aged care community.

These milestones were achieved primarily due to the unwavering commitment of our dedicated volunteers, who wholeheartedly champion our cause. We extend our heartfelt gratitude to each and every person contributing to ACJ, enabling us to deliver essential community services aimed at safeguarding our aged care community. Our appreciation goes out to our volunteer network, encompassing those tirelessly drafting funding proposals, reaching out to legal firms to join the legal panel, conducting extensive research and/or writing articles to educate Our Community and those who speak to those who have been harmed or are family members of friends of those who have been harmed.

A significant aspect of ACJ's transition was the decision of our founder, Dr Bryan Keon-Cohen AM KC, to step down as chair and assume the role of co-patron. Bryan’s visionary leadership was instrumental in establishing ACJ. He recognized the suffering that would be highlighted in the forthcoming Royal Commission report into Aged Care Quality and Safety, and the urgent need for accessible justice and systemic changes to prevent similar hardships for future generations. Leveraging his profound insights and fervour for reform, Bryan inspired and galvanized everyone involved to make a tangible difference. While we will miss his guidance as chair, we are fortunate to retain access to his invaluable knowledge, energy, and unwavering commitment to rectifying injustices. 

We are delighted to witness ACJ's heightened influence and proactive involvement in industry initiatives, allowing us to address the pressing needs of Our Community. We acknowledge the ongoing dedication and contributions of all committee members and consultants, expressing our sincere gratitude for their invaluable support and commitment to our shared mission.

As our services continue to be sought out by an increasing number of individuals affected by aged care concerns, we remain resolute in our commitment to advocating for the well-being of Our Community.

Read legal articles by Aged Care Justice volunteers on our website 

Aged Care Act Exposure Draft:

Insights from our CEO, Anna Willis.  

We welcome the Exposure Draft for the new Aged Care Act, released on the 14 December 2023, consisting of 11 parts, over 324 pages, with some sections and the supporting rules yet to be drafted.

Whilst we are still familiarising ourselves with the document, we welcome the provisions that focus on the delivery of person-centred care, improved governance, extended powers to the Aged Care Quality and Safety Commission (ACQSC) to investigate and report, and penalties and compensation for certain breaches of the Act.

We await the rules, supporting the Aged Care Act provisions, and hope to see greater transparency and public reporting.

Will the changes deliver timely, safe and quality aged care services?

Are there pathways for individuals to enforce their rights and are they clearly defined? 

On the first reading of the new Aged Care Act, the answers to the above questions will rely predominantly on the ACQSC to deliver a dual role in promoting continuous improvements with registered service providers and dealing with serious complaints and enforcement. 

An outcome of the Royal Commission into Aged Care Quality and Safety was funded advocacy resources for aged care participants. ACJ believe that legal resources should also be made available to those entering care and experiencing issues with their care, so they can understand their rights under their aged care contract and the Aged Care Act. 

ACJ looks forward to exploring the Act further and reviewing the yet to be released regulatory rules, so we can provide a comprehensive response in early 2024. 

Legal Update: Complaints Received by ACJ 

Over the last month, the types of complaints ACJ have received include:

• wrongful death 

• negligent care 

• financial abuse  

• chemical restraint

• excessive charging by service providers 

We are receiving an increased amount of calls relating to the misuse of powers of attorney leading to financial elder abuse. 

ACJ is currently looking into ways we could work with other organisations to educate or assist those who experience or witness this type of abuse. If you have a story to share on this matter please contact ACJ at 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.