Rights-Based Approach in the New Aged Care Act: Key Insights

The landscape of aged care in Australia is on the brink of transformative change with the introduction of the new Aged Care Act. This pivotal legislation will embed a rights-based approach, ensuring older Australians receive dignified, respectful, and high-quality care. For workers and leaders in residential aged care and home care industries, understanding these changes is crucial.

The Core of the New Aged Care Act: A Statement of Rights

At the heart of this new Act lies a robust Statement of Rights. This statement outlines what older individuals should expect when accessing government-funded aged care services. By placing their needs at the centre, it aims to create a more person-centred aged care system.

Key Elements of a Rights-Based Framework

The new Act introduces several critical components designed to uphold these rights:

1. Constitutional Basis and International Conventions: The framework references relevant international conventions to ensure comprehensive protection.
2. Independent System Oversight: An independent body will oversee the system to maintain accountability.
3. Equitable Access: A culturally safe and appropriate single assessment framework ensures fair access for all individuals.

Empowering Individuals in Their Care Journey

Empowerment is a cornerstone of this legislation, achieved through:

• Supported Decision-Making Model: Enhanced supporter arrangements safeguard autonomy and dignity.
• Transparency: A revised information management framework increases system transparency.
• Complaints Management: New frameworks protect whistleblowers and provide restorative outcomes.
• Aged Care Advocacy Network: Increased support and funding strengthen advocacy efforts.

Obligations for Providers and Workers

To align with these rights, providers and workers must adhere to stringent obligations:

• Clear Obligations and Registration Conditions: Providers must demonstrate understanding and implementation of the Statement of Rights.
• Code of Conduct for Aged Care: Upholding professional standards is mandatory.
• Strengthened Quality Standards: Continuous improvement towards high-quality care is essential.

Pathways for Upholding Rights

Multiple pathways ensure that rights are upheld effectively:

1. Complaints Processes:
   • Older persons or their representatives can raise concerns directly with providers or escalate them to the Aged Care Quality and Safety Commission (ACQSC).
   • The ACQSC will engage proactively with providers to mitigate risks before breaches occur.
2. Enforcement Actions:
   • Proportionate responses include monitoring activities, issuing notices, fines, or civil penalties for serious breaches.

Supported Decision Making – Enhancing Autonomy

The Royal Commission into Aged Care Quality and Safety emphasised supported decision-making as vital for maintaining control over one’s life. Under the new Act:

• Older people can register supporters who assist in decision-making while adhering to duties that promote personal wellbeing.
• In exceptional circumstances, registered supporters may make decisions on behalf of an individual but must always act as a last resort based on the individual’s preferences.

Protecting Whistleblowers – Encouraging Transparency

Whistleblower protections are strengthened under the new Act:

• Reports can be made anonymously to various authorities including ACQSC staff, department officials, registered providers, or police officers.
• Whistleblowers are shielded from any negative repercussions and have their identities protected unless disclosure is necessary under specific conditions.

Moving Forward Together

The new Aged Care Act represents a significant step forward in ensuring that older Australians receive respectful, dignified care centred around their rights. For those working within residential aged care or home care sectors, staying informed about these changes is essential not only for compliance but also for delivering exemplary service aligned with these new standards.

Craig Gear, CEO of OPAN (Older Persons Advocacy Network), aptly stated in their recent media release:

“A rights-based Act, one that addresses the current power imbalance between older people and aged care providers, has been a long time coming.”

This bi-partisan agreement signals strong support across political lines for prioritising health, safety, and wellbeing over party politics—giving confidence to both older Australians and those dedicated to providing quality aged care services.

By embracing these reforms wholeheartedly, we can collectively work towards an aged care system where every individual’s rights are recognised and respected—creating an environment where they feel valued every day.

To further equip your team with the necessary knowledge and skills to navigate the new Strengthened Aged Care Quality Standards, consider enrolling in Anchor Academy’s masterclass titled The Sprint: Strengthened Aged Care Quality Standards. This course will help you gain a comprehensive understanding of upcoming requirements, translate standards into actionable steps within your organisation, and foster a culture of continuous improvement. Recommended for all residential aged care staff, allied health professionals, and volunteers. Learn more and register here.