Aged Care Insite Issue 109 | Oct-Nov 2018 | Page 14

industry & policy Big brother is watching you Cameras in aged care rooms raise the question of privacy vs peace of mind. By Dallas Bastian T he Minister for Aged Care has indicated the installation of cameras in all aged care homes is on the table following the airing of the second part of a Four Corners investigation into the sector, but industry reaction has been tentative. Aged care and older persons’ bodies have stopped short of publicly backing the call – and of rebutting it. The Four Corners episode showed hidden camera footage of residents being struck by aged care staff, prompting viewers to question whether cameras should be installed in all rooms. When asked about that by ABC radio Minister Ken Wyatt indicated that he was at least open to the idea. “I can appreciate the families who are very strongly supportive now of cameras within those rooms,” he said. “None of this would have been known without that footage as to how those individuals were treated.” COTA Australia chief executive Ian Yates backed Wyatt’s comments about the action taken by family members to bring issues to light. Yates said: “We understand that – and the authorities have been very clear that – they are not overly concerned about the breach of privacy and recording legislation because there were genuine reasons for doing that. “On the other hand, I think that we don’t really want to propagate an ideal of aged care that involves high levels of CCTV surveillance.” 12 agedcareinsite.com.au Instead, the ideal propagated should be on improving quality in ways that mean such intervention is unnecessary, he said. The home where this assault occurred still has a 100 per cent accreditation rating. There’s no mention of the assault on its website. Matthew Richter, chief executive of the Aged Care Guild, an association of eight of the largest private residential aged care providers, said while the group recognises that cameras can give peace of mind to residents and families – and potentially help prevent rogue behaviour and criminal incidents – it’s important to remember that residential aged care facilities are not hospitals, but rather a person’s home. “Residents deserve the same level of privacy and dignity that we are all afforded in our homes,” Richter said. “Decisions concerning the installation of cameras should be made between an individual resident, their family and their care provider.” Karl Rozenbergs, a partner at Hall & Wilcox lawyers, said should a provider decide that the safety of the resident trumps privacy concerns, there are still a number of workplace surveillance laws across the country to contend with – and they differ between states and territories. “What that means is that people running the facility can’t just put in the surveillance. The only way to get around that legislation is if the parties consent. “Then you have issues around the capacity of the person to consent, especially in circumstances where the resident has the onset of dementia.” Yates said there are many residents who might want to have their own privacy and freedom to do whatever they want to behind their closed doors. He added that family members who consent to CCTV surveillance on behalf of