EXPLANATORY STATEMENT
Issued by the authority of the Minister for Mental Health and Ageing
Aged Care Act 1997
Accountability Amendment Principles 2011 (No. 1)
The Aged Care Act 1997 (the Act) provides for the regulation and funding of aged care services. Persons who are approved under the Act to provide aged care services (approved providers) can be eligible to receive subsidy payments in respect of the care they provide to approved care recipients.
Subsection 96-1(1) of the Act allows the Minister to make Principles providing for various matters required or permitted by a Part or section of the Act.
One set of Principles made under the Act is the Accountability Principles 1998
(the Accountability Principles).
The purpose of the Accountability Amendment Principles 2011 (No. 1) (the Amending Principles) is detailed below.
Accountability Amendment Principles 2011 (No. 1)
The Accreditation Grant Principles 1999 describe the process for accreditation of providers of residential care services by the Aged Care Standards and Accreditation Agency Ltd
(the accreditation body).
A recent review of the accreditation process found that amendments to the Accreditation Grant Principles 1999 would be desirable in order to:
- remove or amend outdated provisions;
- streamline the accreditation process;
- make the Principles more logical, consistent and better able to be understood;
- enhance consumer engagement; and
- provide greater clarity and consistency of administrative processes.
Following extensive consultation regarding the accreditation process, new Principles were developed to replace the Accreditation Grant Principles 1999. The new Principles, the Accreditation Grant Principles 2011, are intended to take effect from 20 May 2011.
The purpose of the Amending Principles (the Accountability Amendment Principles 2011 (No. 1)) is to make a minor consequential amendment to the Accountability Principles to replace an existing reference to the Accreditation Grant Principles 1999 with a reference to the Accreditation Grant Principles 2011.
Specifically, the Amending Principles amend the definition of Accreditation Grant Principles in section 3 such that a reference to the Accreditation Grant Principles 1999 is replaced with a reference to the Accreditation Grant Principles 2011.
Consultation
In March 2008 the Government announced a comprehensive review of the accreditation process and accreditation standards.
In relation to the accreditation process, an issues paper was developed to facilitate discussion about the Accreditation Grant Principles 1999. This issues paper formed the basis of a public consultation process to provide all stakeholders with an opportunity to comment on the existing accreditation process and suggest changes for the future. In response,
147 submissions were received from a range of aged care stakeholders including peak industry and consumer groups, trade unions, approved providers, aged care services, and from individual practitioners, staff, residents and relatives.
In 2009-10, the findings of the review process were considered and further consultation occurred. A paper on various options for enhancing the accreditation process was distributed to the Ageing Consultative Committee (ACC) in March 2010. The ACC includes industry and consumer representatives. Following consideration of comments raised by the ACC, a further consultation paper (outlining the proposed changes to the Accreditation Principles) was developed and provided to the ACC in July 2010. As a result of valuable feedback, some further refinements were made to the proposals and presented to the ACC in November 2010 and again in March 2011.
The changes outlined in the Accreditation Grant Principles 2011 are consistent with the outcomes of the review, consultation with the sector and consumer groups, and supported by the ACC.
As the amendment in the Amending Principles is a minor consequential change in line with the Accreditation Grant Principles 2011, no specific consultation was undertaken in relation to this instrument.
The Amending Principles commence on 20 May 2011, in line with the commencement of the Accreditation Grant Principles 2011.
The Amending Principles are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Overview
The Accountability Amendment Principles 2011 (No. 1) are an amendment to the Aged Care Act 1997, enacted to address outdated and unclear provisions within the existing Accreditation Grant Principles 1999, which govern the accreditation of aged care providers. The overarching policy objective of this amendment is to streamline the accreditation process, enhance consumer engagement, and ensure clarity and consistency in administrative processes, thereby improving the quality and accountability of aged care services. This legislative instrument was developed following an extensive review and consultation process involving a range of stakeholders, including industry groups, consumer representatives, and individual practitioners. The amendments reflect the consensus reached through this consultation and aim to bring the regulatory framework up to date with current best practices and stakeholder expectations. The Accountability Amendment Principles 2011 (No. 1) were made under the authority of the Minister for Mental Health and Ageing and are intended to take effect on 20 May 2011, in alignment with the new Accreditation Grant Principles 2011.
Scope and Application
The Aged Care Act 1997 governs the regulation and funding of aged care services in Australia, and applies to approved providers of such services who can receive subsidy payments for the care they provide to approved recipients. The Accountability Amendment Principles 2011 (No. 1) were enacted to make minor consequential amendments to the Accountability Principles to reflect the changes introduced by the Accreditation Grant Principles 2011, which were developed following an extensive review and consultation process aimed at improving the accreditation process for residential care service providers. The Accreditation Grant Principles 2011 replace the Accreditation Grant Principles 1999, and the Amending Principles update the relevant references in the Accountability Principles accordingly. The Amending Principles apply nationally and the changes they implement take effect from 20 May 2011, the same date as the Accreditation Grant Principles 2011. No specific exclusions, exemptions, or thresholds are outlined in the Amending Principles, which are a legislative instrument under the Legislative Instruments Act 2003.
Key Provisions
The Accountability Amendment Principles 2011 (No. 1) introduces a minor amendment to the Aged Care Act 1997, specifically targeting the Accountability Principles 1998 (subsection 3(1)). This amendment is consequential, necessitated by the introduction of the Accreditation Grant Principles 2011 which replaces the Accreditation Grant Principles 1999. The purpose of this amendment is to update references within the Accountability Principles 1998, aligning them with the new Accreditation Grant Principles 2011. This ensures consistency and clarity within the legislative framework governing aged care services.
Under the Aged Care Act 1997, approved providers of aged care services are eligible for subsidy payments, subject to compliance with various regulations and principles. These regulations include the Accountability Principles 1998, which set out the obligations of approved providers in terms of accountability and transparency in service delivery. The Accreditation Grant Principles 2011 further detail the process by which these providers are accredited by the Aged Care Standards and Accreditation Agency Ltd. Approved providers must adhere to these principles to maintain their eligibility for subsidies and to ensure they meet the required standards of care.
The obligations imposed by the Accountability Amendment Principles 2011 (No. 1) primarily involve the updating of references within the Accountability Principles 1998 to reflect the new Accreditation Grant Principles 2011. This minor amendment ensures that the legislative framework remains current and that all references to the accreditation process are consistent with the latest standards and processes. Approved providers must ensure that their practices align with these updated principles to continue receiving subsidy payments and to maintain their accreditation status.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Accountability Amendment Principles 2011 (No. 1) itself. However, failure to comply with the Accountability Principles 1998 or the Accreditation Grant Principles 2011 could result in penalties under the Aged Care Act 1997. These penalties may include fines, suspension, or cancellation of approval to provide aged care services, and in severe cases, legal action could be taken against non-compliant providers. The exact penalties would depend on the nature and severity of the breach, as stipulated in the broader provisions of the Aged Care Act 1997.