industry & reform
Know your rights
A new charter and standards
have been implemented to
improve transparency and help
clarify regulation for providers.
By Conor Burke
T
he government has ushered in
new standards in the aged care
sector, with the Aged Care Quality
Standards and the Charter of Aged Care
Rights both coming into force.
The minister for aged care, Richard
Colbeck, said the “major reform package”
will deliver choice and flexibility for older
Australians.
“[This is] the first upgrade to residential
aged care standards in 20 years. The new
standards will improve transparency for
senior Australians and their families, as well
as making regulation clearer for providers.
“The standards are centred on the
needs of senior Australians and provide a
solid foundation for providers’ continuous
improvement.”
The charter of rights replaces the existing
User Rights Principles 2014, which have
four separate charters dealing with the
provision of aged care.
The government has sought to address
duplication issues within the existing
charter and, according to the government
website, questions existed as to “why some
aged care recipients are not afforded the
same rights as others”.
“Senior Australians must be treated with
dignity and respect – this is now explicitly
set out in our law,” Colbeck said.
The new charter includes 14 simple
rights that were developed in 2018 during
a five-week public consultation period.
16 agedcareinsite.com.au
Aged care consumers now have the
right to:
• Safe, high-quality care and services
• Be treated with dignity and respect
• Have their identity, culture and diversity
valued and supported
• Live without abuse and neglect
• Be informed about their care and
services in a way they understand
• Access all information about
themselves, including information about
their rights, care and services
• Have control over and make choices
about their care, personal and social
life, including where the choices involve
personal risk
• Have control over, and make decisions
about, the personal aspects of their daily
life, financial affairs and possessions
• Their independence
• Be listened to and understood
• Have a person of their choice, including
an aged care advocate, support them or
speak on their behalf
• Complain free from reprisal, and to have
their complaints dealt with fairly and
promptly
• Personal privacy and to have their
personal information protected
• Exercise their rights without it adversely
affecting the way they are treated.
All consumers of aged care must be given
a copy of the charter and the provider must
assist them in understanding their rights.
They, or an authorised person, must sign
a copy.
The new Aged Care Quality Standards
create a guide of requirements that
providers must meet based on key
consumer outcomes.
The standards were produced, like the
charter, in consultation with the public,
and they replace the previous fragmented
standards. They have been mandatory
since 1 July.
The Aged Care Quality Standards are
made up of eight individual standards:
• Consumer dignity and choice
• Ongoing assessment and planning with
consumers
• Personal care and clinical care
• Services and supports for daily living
• Organisation’s service environment
• Feedback and complaints
• Human resources
• Organisational governance.
COTA Australia chief executive Ian Yates
said he looks forward to increased
transparency and accountability in
the sector, which the new standards
intrinsically require.
“The new standards and charter of rights
put consumers at the heart of aged care,
just as they should be,” Yates said.
“Older Australians have the right to
be treated with dignity and respect in all
aspects of their lives in aged care, whether
it’s having great meals that are nutritious
and enjoyable, having more control and
ongoing consultation over their services,
or being free from the inappropriate use of
physical and chemical restraints.”
LASA CEO Sean Rooney believes that
while change will not happen overnight,
these improvements and more funding will
help provide “world class” care.
“Recognising that there will be a period
of learning in coming months for both the
sector and the Aged Care Quality & Safety
Commission, it is vital that the commission
be consistent and constructive in its
approach to assessing providers,” he said.
“We share the government’s vision to
realise a world-class aged care system,
however a world-class system also requires
world-class funding.” ■