The Australian government recently took a significant step towards safeguarding the rights and well-being of senior Australians in aged care facilities.

A recent move by the government could address the systemic issues highlighted by the Aged Care Royal Commission's final report, released over three years ago.

With the introduction of new legislation, aged care providers could face hefty fines exceeding $1.5 million for breaching care standards.

The proposed laws, which garnered bipartisan support, should be scrutinised by a Senate committee soon.

This legislative push came in the wake of heart-wrenching stories from individuals like Yvonne Buters, whose parents both passed away shortly after entering residential aged care.

Aged care providers may face hefty fines when proven negligent with services. Image Credit: Shutterstock/Robert Hiette

Her mother, Rose, passed away eight weeks in the facility due to a fatal fall.

Meanwhile, her father, Henk, succumbed to a necrotic ulcer due to an untreated wound.

The lack of adequate care and the absence of justice for her parents underscored the urgent need for this reform.

The government's 'rights-based' Aged Care Act was hailed as a 'once-in-a-generation' reform by Prime Minister Anthony Albanese.

The reformed act included:

• A statement of rights for older Australians in aged care.
• A positive duty on providers to uphold those rights.
• New quality standards and;
• A regulator with enhanced investigative powers.

Additionally, fee structures for both residential and in-home care could undergo a revamp.

One of the reform's key features is the establishment of a new independent complaints commissioner.

Aged Care Minister Anika Wells emphasised that this would serve as a voice for raising issues and ensure that these complaints were taken to appropriate channels.

If proven, providers who failed to address concerns could face severe consequences.

Advocacy groups like Aged Care Reform Now started to push for a system where harm in aged care should be prevented.

'We're talking about people dying because of inadequate care, abuse and neglect,' Ms Buters stated.

'We want to see that people are not harmed in aged care. That would be the priority, but then if they are, there are consequences, and there is justice for the individual.'

An earlier draft of the bill included criminal penalties for providers who breached standards.

However, these proposals were removed during negotiations with the Coalition.

Shadow Minister for Aged Care Anne Ruston cited concerns about criminal penalties driving capable workers away from the sector.

Instead, civil penalties—including substantial fines for severe failures resulting in death—were proposed.

The Heath Services Union expressed disappointment over the removal of harsher penalties.

They emphasised the need for high-quality standards for ageing Australians.

The union also lamented the Coalition's influence in diluting the requirement for aged care providers to establish a 'worker voice'.

Peak bodies representing senior Australians, including the Council on the Ageing (COTA) and National Seniors Australia, welcomed the introduction of the bill.

They recognised the potential improvements in regulations, quality standards, and the complaints system.

However, they also stressed the importance of thoroughly scrutinising the details to ensure effective monitoring and enforcement.

The Aged and Community Care Providers Association acknowledged that the proposed changes would prioritise older Australians.

They viewed the new act as essential for genuine reform in aged care.

As the bill progresses through the legislative process, it's crucial to stay informed and advocate for the rights of their loved ones in aged care.

These proposed laws could significantly impact the quality of care and the accountability of providers.

Key Takeaways

• The Australian federal government proposed new legislation to overhaul the aged care system, which included penalties of over $1.5 million for breaches by providers.
• The proposed aged care reforms followed the Aged Care Royal Commission's recommendations. They also included more robust protections for older Australians and a rights-based approach to care.
• Criminal penalties were removed from an earlier version of the bill during negotiations with the Coalition. Yet, significant civil penalties remain for providers who fail to meet standards.
• Sector representatives and advocacy groups responded to the reform with mixed feelings, highlighting the need for further scrutiny of the legislation.

Have you or your loved ones faced challenges in aged care facilities? What changes do you hope to see as a result of this legislation? Share your insights and opinions with us in the comments section below.

 

[Bellclare]

When my mother-in-law [MIL] some years ago in country QLD began suffering shortness of breath, she complained to her doctor, who after a few visits, could not help her with a diagnosis. Over some years, she had to gradually cutback on her daily walking & similar activities, ending up not even able to visit her back garden which is on a short slope, as she couldn't do the return climb to the house. Then, she appeared to have a heart complaint, & QLD Health whisked her off to Brisbane to have it seen to - all well & good. The heart pains were solved & disappeared, but the team examining her there told her they were more concerned with her lungs - and it was determined that she had emphysema, MANY YEARS AFTER IT HAD BEGUN & NOT DIAGNOSED BY HER GP - who trained outside of Australia/NZ. She has never smoked in her life & no medical staff could determine the cause until they interviewed her at length. She grew up as an engine driver's daughter in country QLD, in a house next to the train line at Collinsville QLD, & when married lived in another house literally across the train line, bringing up her 2 boys there - all in all, about 70 years of living beside train tracks. Most of the trains carried coal from the mines near Collinsville to the coast, with over 200 wagons per train, plus 2 diesel engines driving each one.

When she was first diagnosed by the team in Brisbane, I was enraged, & sent an email to all sorts of people - government medical organisations QLD & Federal, health ministers QLD & Federal, her & my State & Federal members &c - describing the lack of care her area of QLD had been provided with by QLD Health, mainly through lack of funds we realised. The responses were mainly sympathetic towards my MIL's situation, except QLD Health who mainly wanted to know who I'd emailed [I sent a copy of the email to my MIL so she knew what had been described & never quibbled with any of it]. Soon after that, the local GP was replaced with another English speaking GP from New Zealand, which all the retired folk in her 2nd home after leaving Collinsville appreciated, according to my MIL. However, the town now has another GP with training outside of Australia or NZ, & types his way through appointments, hardly looking at the patient.

Now that aged care is being reorganised, I notice that Home Care is remaining the same as it is currently. After reading the attached articles, mainly from 'The Conversation' journal, I've realised that malnutrition is being addressed in aged care homes, but not in Home Care. My husband & I visited my MIL last week & found she is malnourished, largely due to her not eating much at each meal ie about one third of a Meals on Wheels meal at most, not feeling like eating food she had just prepared for breakfast, & not having what the local HACC ladies called her 'RE source' - basically orange juice with a host of nutrients added to it. She'd tell them she'd had it when she hadn't, & other excuses. We trust that the HACC ladies will now be sure to see her drink it, at least once a day, & note when the supply needs replenishing. It would appear that we need to 'keep at' the HACC staff, who are run by the local Banana Council, & make sure that my MIL is as healthy as possible, despite her ailing eyesight & hearing, & body aches & pains - which she expects at the age of 92.