CONVERSATIONS 6 A new Aged Care Act End State The Commission • Our government, community, older Australians and the sector have increased trust and confidence in their Aged Care regulator • Our regulatory requirements and processes are transparent and consistent • We understand the strengthened Standards and regulatory framework and are confident and ready to apply them across our business • Our communication, education and resources are accessible and appropriate for consumers and providers • We have the right capability to deliver high quality regulatory services • Our processes, tools and technology are fit-for-purpose and enable us to consistently deliver quality services • We design and manage our business with an improved evidence base, a greater focus on efficiency and effectiveness and consideration of sector impacts • Our people have a strong consumer focus and service delivery mindset • We are clear with providers about their obligations and we provide information and support that helps them to deliver a quality aged care experience • We hold providers to account for their performance against the strengthened Standards. Our Providers • I am supported to understand and operationalise my legal commitments and obligations to the people in my care • I effectively demonstrate how our operations and provision of care delivers on the strengthened Standards • I consistently measure and evidence the performance of my service against the Standards • I know what to expect when the Commission assesses my performance • I understand how to effectively interact with the Commission • I know where to go to get the information and support I need • Older people know what they can expect for their care experience when they choose to receive the services I provide • My staff know what the standards mean for them and their provision of care. Vision Statement The strengthened Quality Standards are designed to deliver a better aged care experience. The Stronger Standards Better Aged Care Program will provide valued and effective support to help the sector prepare for the implementation of the stronger Standards. We strive to be a world-class regulator, strengthening our capability, effectiveness and accountability. We are committed to the goal of protecting and enhancing the safety, health, wellbeing and quality of life of every aged care consumer. The Program will also help to position the Commission as a contemporary, connected, accessible regulator supporting continuous improvement, excellence and trust in the provision of quality aged care to older persons receiving Commonwealth funded aged care in Australia. Stronger Standards Better Aged Care Our Consumers • I am confident about my rights and what I can expect from my provider • I make decisions about my care and make choices that are right for me • I feel confident in the quality of care and services from my provider • I know my provider is always looking for new ways to improve my care • I know about the Commission, how it can help me and am confident it is doing a good job • I know how to submit feedback and complaints to my provider and the Commission • I get the support I need from the Commission • It is easy to interact with the Commission. The aged care system is changing, and they want to hear from you. The Department of Health and Aged Care (the department) is developing a new Aged Care Act that will put the rights of older people at the centre of our aged care system. The new Act will follow the journey of older people in the system and prioritise their needs. It will clearly set out the responsibilities of aged care providers and protect the rights of older people to safe, quality care. What’s changing? The Royal Commission into Aged Care Quality and Safety found that the current Aged Care Act is no longer fit for purpose. The new Act will: • create a simple, single-entry point to make access to the aged care system for older people easier • include a fair, culturally safe single assessment process • include rules on supported decision-making to ensure older people have choice and control. • provide additional protections for whistleblowers to allow reporting without fear of reprisal • introduce a new approach to regulating aged care providers to ensure delivery of safe, quality aged care services • strengthen the powers of the regulator, the Aged Care Quality and Safety Commission, to manage risk, ensure integrity, and support aged care. When will the new Act start? Subject to being passed in Parliament, the new Act is planned to start on 1 July 2024. Further information For further information, you can: • Explore information and stories illustrating how the new Act will impact older individuals, their families, and caregivers, including those from First Nations or culturally and linguistically diverse backgrounds, as well as aged care providers and workers. • Review the frequently asked questions section for additional clarity and guidance. Frequently Asked Questions You can submit a question about elements included in this consultation paper to agedcarelegislativereform@health.gov.au Statement of rights and principles, and supported decision-making Common eligibility criteria across all programs Single assessment process used to determine access to services based on individual need Providers required to be registered to provide funded aged care services Existing subsidies re-framed in the Act as person-centred or provider-based (TBC) Enhanced system transparency and governance Limited entry of younger people New home care program (from 1 July 2025) Wider range of providers able to enter the market AN-ACC to continue with minor adjustments where required One principal Act and one set of rules, relying on the external affairs power where available Single assessment framework and workforce Access to residential care no longer based on allocation of places New obligation to commit to business improvement, new statutory duty, tougher penalties and access to compensation Block funding available to provide flexibility where appropriate The new Aged Care Act: What’s new? What’s different? Structure System Entry Services Regulation Funding New Act Structure System Entry Services Regulation Funding Old Act Focus on providers and subsidies Based on constitutional corporations power Multiple entry points Varied and unclear eligibility criteria Only some aged care services fully covered under the Act Different assessment processes and requirements for different services Not all providers ‘approved’ and gaps in regulation 300+ provider obligations Three types of subsidies – residential, home, flexible care Many programs funded outside of the Act Aged Care Act and Commission Act and many sets of principles Multiple assessment frameworks and different assessors ACAR rounds determine available residential care places Regulator lacks flexibility to take risk- proportionate action Complex funding provisions Funding for all services brought within the new Act, including where grant funding utilised New risk-based regulatory model, including streamlined obligations and robust new standards All aged care services covered by the new framework and culturally appropriate Single entry point for all aged care services Focus on older people and their diverse needs New Aged Care Act: Frequently Asked Questions You can submit a question about elements included in this consultation paper to agedcarelegislativereform@health.gov.au. Where an answer has not already been provided, responses will be added to this Frequently Asked Questions page. When is the draft Bill for the new Aged Care Act expected to be released for public consultation? An Exposure Draft of the Bill for the new Act is expected to be released for public consultation later in 2023. The Department will provide a range explanatory materials and consultation activities, encouraging older people, their families and carers, workers, the sector, along with other aged care stakeholders to have a say about the draft Bill. When will the new Aged Care Act take effect? Pending passage of legislation, the new Aged Care Act is planned to commence from 1 July 2024, with the home care component to be built in from 2025. How will timing for the commencement of the new Aged Care Act and commencement of the Support at Home Program align? Subject to Parliamentary passage, the new Act is planned to commence from 1 July 2024. The new Act will contain the statement of rights and the new regulatory model, and establish common eligibility requirements and a single point of entry to the aged care system. The new Act will present a holistic picture of Commonwealth funded aged care services and will be structured to support the new home care program commencing in 2025. DOWNLOAD PDF agedcareengagement. health.gov.au/images/ agedcareact/aca/FAQs.pdf
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