The Aged Care Act – does it go far enough?

We, as no doubt many of you, are still scrutinising the 550-plus pages of legislation. This week we also appeared before the Senate inquiry. 

The Act responds to the number one recommendation from the Royal Commission into Aged Care Quality and Safety.

Having rights is incredibly important to the older people we represent and they want them now. There are concerns regarding whether they will be real and enforceable or just words on a page.

COTA Australia is advocating that all government officials in aged care must comply with the Statements of Rights – not just providers, but also the commission and system governor (Department of Health and Aged Care), assessment services and My Aged Care.

The other areas that older people have focused on include the need for greater clarity and information (some of which we know will come in the rules), service accessibility, workforce shortages and whether the quality of care will improve as a result.

Concerns remain on the accountability and transparency of aged care system governance, services and regulators

A particular focus on Support at Home highlights there is general support for the 8 levels, access to two additional amounts for restorative care and end-of-life (last 13 weeks). 

There are concerns that self-management is missing in action. The new pooled 10 per cent care management approach could actively work against this and reduce an individual’s ability to meet their needs.

COTA Australia undertook a small survey, following a joint webinar on the Act with our OPAN colleagues. 

We found the majority of those who responded were still supportive of those who could afford to, paying more for their care however, an even higher number were concerned about whether they would still be able to afford the services. 

This is in large part due to the paucity of concrete information available for an individual to be able to work out what they would have to pay. We are all awaiting that information to enable analysis and commentary on the fairness and equity of the new regime. 

We have made a range of recommendations to strengthen the regulatory regime, particularly given the removal of criminal penalties as part of the deal between the government and opposition, to ensure there are deterrents in the system so older people are not at risk of ongoing neglect. 

Concerns remain on the accountability and transparency of aged care system governance, services and regulators.

I hope you keep the older person and their rights at the centre of everything you do

The recently released care minutes data underscore why older people, the community and COTA Australia remain concerned on this front. After a year with significantly increased funding six out or 10 providers still do not meet the requirements. And not in the areas where you would expect workforce issues to really bite.

We do understand there are issues in some areas and that the model doesn’t work well for some specialised providers, for example, those supporting homeless residents. Care minutes must be met, and action needs to be taken to ensure compliance.

I hope as you prepare for implementing the new Aged Care Act from 1 July 2025 you keep the older person and their rights at the centre of everything you do.

Patricia Sparrow is chief executive of COTA Australia

More stakeholder views from this edition

• Tom Symondson: Providers are focused on improving the lives of seniors
• Ian Yates: Bill must pass before Christmas
• Dr Claudia Meyer: Research, policy and practice must be aligned

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