$1.5 million for negligence? Overhauled aged care systems undergo 'once-in-a-generation reform'
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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.
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:
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.
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.
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.
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.
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