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Reinforcing rights
A new charter mandates stronger protections
for aged care consumers.
By Kate Prendergast
A
s the aged care royal commission continues to reveal
deeply troubling cases of mismanagement and elder
abuse, a new charter aims to shore up the dignity and
protection of aged care residents.
Released under the federal government’s aged care quality
and safety reforms, providers will be bound by law to provide a
signed copy of the Charter of Aged Care Rights to all residents
and care recipients. An option for the consumer or an authorised
representative to co-sign the document has also been
introduced.
Signing is not compulsory for the consumer, however, and
declining to do so will not bar them from either commencing or
continuing to receive care and services.
“The comprehensive new charter covers 14 fundamental
protections – from safe, quality care, to independence,
information, personal privacy, control, fairness and choice,” said
the minister for senior Australians and aged care, Ken Wyatt.
“Being treated with dignity and living without abuse and neglect
are among the top tiers of the new charter.”
The document also includes the right to have a consumer’s
“identity, culture and diversity valued and supported”, and to be
able to “complain free from reprisal”.
Coming into effect on 1 July, the charter is a reinforced
replacement of four previous versions and was developed during
2018 in consultation with various stakeholders. Five hundred and
fifty public submissions were received, with 40 per cent from
aged care recipients, their families and carers, and 48 per cent
from aged care providers, staff and peak organisations.
It has been welcomed by various peak advocates, including
Dementia Australia and COTA Australia.
“This is all part of our government’s unprecedented seniors and
aged care agenda, including the recently announced elder abuse
hotline and victim support trials,” Wyatt said.
“Rest assured, our reforms rollout will not stop, even as the aged
care royal commission continues its critical work.”
The mid-year release of the charter will coincide with and
underpin the Morrison government’s Aged Care Quality
Standards. It was designed to be concise, accessible and available
in several different languages.
Providers have between three and six months to inform
customers of their legal rights. Residential aged care providers
have until 30 September this year, while home care providers have
until 31 December.
For COTA, this delay is not good enough.
While commending the charter’s substance, COTA chief
executive Ian Yates expressed the council’s “deep concern that
the government has given in to pressure from provider groups to
delay the requirement for providers to give the charter to residents
and home care consumers”.
“Why on earth would it take a provider nine months to tell
consumers about the charter? I am sure if they were telling them
about an increase in fees it would only take a month or two at
most,” Yates said.
“After recent experience with many home care providers not
complying with the minister’s requirement that they publish
service information and prices in an understandable way, who
knows when home care consumers will hear about their rights
under the charter?”
Wyatt urged all providers to supply a copy of the charter to their
customers ahead of deadline.
“COTA will publicly welcome and draw to people’s attention
[those who do],” Yates said.
A template of the Charter of Aged Care Rights is available from
the Department of Health’s website. ■
agedcareinsite.com.au
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