Code of conduct available for consultation

Draft legislation of the long-awaited code of conduct for the aged care sector has been released by the Department of Health and Aged Care and is now open for public review and consultation.

Recommended by the aged care royal commission, and based on the National Disability Insurance Scheme Code of Conduct, the Code of Conduct for Aged Care has been developed to protect care recipients by demanding a suitable standard of conduct from:

• aged care providers
• aged care workers
• governing persons, such as board members and CEOs.

To be introduced from 1 December 2022, compliance of the code will be monitored and enforced by the Aged Care Quality and Safety Commission. Enforcement actions may include banning or restricting individuals from working in the aged care sector.

Peak body the Aged & Community Care Providers Association is currently reviewing the draft code of conduct.

“The key issues for us will be ensuring that the code is consistent with the [Quality] Standards, that there are clear expectations for providers in relation to supporting and policing the code, and that staff are afforded natural justice in relation to the enforcement of the code by the commission,” new ACCPA chief executive officer Tom Symondson told Australian Ageing Agenda.

The Aged Care Quality and Safety Commissioner will be able to respond to breaches of the code in various ways, including:

• discussing the non-compliance in person or by other means
• requesting information or documents from any person
• carrying out an investigation
• take any other action that is considered reasonable in the circumstances.

Code applies sector wide

The code will apply to providers of residential aged care, home care and flexible care services – including the Transition Care Program, the Multi-Purpose Services Program and the Short-Term Restorative Program.

In all, it consists of eight clauses. Among them, individuals must pledge to:

• act with respect for people’s rights to freedom of expression, self-determination and decision-making in accordance with applicable laws and conventions
• act in a way that treats people with dignity and respect, and values their diversity
• act with respect for the privacy of people
• provide care, supports and services in a safe and competent manner, with care and skill
• act with integrity, honesty and transparency
• take all reasonable steps to prevent and respond to all forms of violence, discrimination, exploitation, neglect, abuse and sexual misconduct.

Having also reviewed the draft code, Macquarie University’s Ageing and Aged Care Researchers Network chair Professor Jepsen told AAA: “I expect many carers will need training on what behaviours constitute ‘discrimination, exploitation, neglect and abuse’, as I imagine those behaviours can sometimes be well hidden. I imagine there will need to be a paper trail of evidence that providers have given this training to an appropriate satisfactory standard.”

Professor Jepsen added: “I wonder what will be regarded as ‘all reasonable steps to prevent and respond’, and whether that will be viewed through the rear-vision mirror after the fact when an incident occurs.”

However, reflecting on the code overall, Professor Jepsen told AAA: “I think it’s a great idea from the royal commission, and I can’t see it doing any harm … this is a positive step towards reflecting aged carers as a professional group.”

Lack of accountability

That the sector isn’t covered by a mandatory national code of conduct and the lack of a professional body handling complaints has been the source of much debate in the sector for decades.

The closest the industry has come to adopting a national code of conduct was in 2015 when all of the nation’s health ministers signed off on such a scheme. However, it failed to achieve its aim.

There does exist, though, a Voluntary Industry Code of Practice, which launched in February 2021. To date, about 100 aged care providers and organisations have signed up to the voluntary code.

As for the aged care’s code of conduct, the quality and safety commission is hosting two explanatory webinars – one for providers on Friday 7 October 1.30pm-2.30pm AEDT (register here), another for aged care workers on Friday 11 November 2.00pm-3.00pm AEDT.

Further information on the code is available on the department’s website. The consultation period closes on 18 October.

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