Skip to content
Consultation: Exposure Draft new Aged Care Act
Chapter 1, Introduction Part 2
Definition and Key Concepts
1.
Do you have any major concerns about the Objects, particularly the wording of the new additions?
Do you have any feedback in relation to high quality care including:
2.
Definitions themselves included in the legislation and how providers might ‘prioritise’ these definitions –refer to Section 19
3.
Do you have any concerns with the definition of responsible persons including key personnel as well as members of the governing body?
4.
Do you have any concerns with the removal of the hierarchy for a restrictive practices substitute decision-maker and the associated immunity provision?
5.
What changes would you like to see made to state and territory laws to make clear the arrangements for appointing a restrictive practices substitute decision-maker?
Chapter 1, Part 3
Aged Care Rights and Principles
Rights
6.
Do you have any concerns about any of the new/amended rights (see summary on consultation paper pages 22-23)?
7.
What do you think about the expectation that registered providers must not act in a way that is incompatible with the Statement of Rights, taking into account the need to balance other competing or conflicting rights? AND does this sufficiently clarify/address any concerns you have about implementation?
Principles
8.
Do you think the Statement of Principles is clearer than the previous draft?
9.
Do you think the operation/purpose of the Statement of Principles is sufficiently clear (and do you have any concerns)?
Chapter 1, Part 4
Supporters and Representatives
10.
How do you think differences in views of supporters (where there is more than one supporter) or representatives (where there is more than one representative) should be addressed?
11.
What issues do you envisage might arise in relation to the proposed duties of supporters or representatives and how might these be addressed?
Chapter 2
Commonwealth Aged Care System
Part 3
Classification
12.
Do you have any concerns about the classifications, and what are they?
Chapter 3
Registered Providers, Aged Care Workers and Digital Platform Operators
Part 2
Provider Registration Process
13.
Do you have any concerns with the proposed registration process?
14.
Do you envisage any issues with the requirement to have residential care homes approved?
15.
Do you think there will be issues with care management being separated into basic and complex categories?
Chapter 3, Part 4
Obligations
AND
Chapter 3, Part 5
Statutory Duty and Compensation
16.
Do you have any concerns in relation to the proposed obligations on registered providers, responsible persons or aged care workers?
17.
What impact do you think the new statutory duties might have on the willingness of people to become responsible persons?
18.
Do you think there will be an impact on the cost of insurance or the ability to obtain insurance?
19.
What are your thoughts about the compensation pathway in certain circumstances where a registered provider breaches their statutory duty?
Chapter 7
Information Management
Part 2
Confidentiality of Information
20.
Do you agree with the proposed scope of protected information under the new Act? What information do you think should be protected under the new Act?
21.
What challenges could there be with the proposed whistle-blower framework, and do you have any proposed solutions?
22.
What other barriers are there to people disclosing information about what they observe in the aged care system, and how can these best be overcome?
Chapter 9
Reform Timeline and Readiness Support
23.
Do you have any concerns about the sector being ready to transition to the new aged care system from 1 July 2024?
24.
How much time do you think the sector realistically needs (and why)?
25.
What type of activities will you need to do to transition to the new aged care system (e.g. structural changes, staff training etc) and how much time will you need for these activities prior to the new system taking effect?
26.
What support will providers need to implement the registration requirements?
27.
What support will providers and responsible persons need to prepare for the proposed statutory duties?
28.
What support will operators of aged care digital platforms need?