Acts of Parliament assented to - Act No. 9 to 15 and 18 to 21 of 2021

Overview

The Aged Care Legislation Amendment (Serious Incident Response Scheme and Other Measures) Act 2021 was enacted to address gaps in the aged care system, particularly in relation to the reporting and management of serious incidents. This Act was assented to by His Excellency the Governor-General on 1 March 2021, following its passage through both the Senate and the House of Representatives. The policy objective of this Act is to ensure that there are effective mechanisms in place for the oversight, reporting, and response to serious incidents within aged care facilities, thereby enhancing the safety and wellbeing of elderly individuals in residential care. The Act seeks to establish a more robust Serious Incident Response Scheme, which will facilitate better accountability and continuous improvement within the aged care sector.

Scope and Application

The Aged Care Legislation Amendment (Serious Incident Response Scheme and Other Measures) Act 2021 applies to all aged care providers and facilities within Australia, including both public and private entities that offer residential, home, or community-based aged care services. This Act aims to enhance the quality and safety of aged care by introducing a serious incident response scheme, among other measures. The geographic reach of this Act is national, encompassing all states and territories of Australia, and it applies to all conduct and transactions related to the provision of aged care services. The Act does not specify any exclusions or exemptions, but its provisions are intended to be enforced through the subordinate instruments and guidelines developed by relevant authorities. The Act extends its application through subordinate legislation which will detail the specifics of the serious incident response scheme and other related measures. The Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Act 2021 applies to digital platforms that meet certain thresholds for bargaining power and revenue, as well as to news media businesses. This Act seeks to address bargaining power imbalances between news media businesses and digital platforms, particularly in relation to the payment for news content. The geographic reach of this Act is also national, applying to all digital platforms and news media businesses operating within Australia. There are no specific exclusions or exemptions mentioned in the Act, but it is anticipated that the Act will be extended and refined through subordinate legislation, which will set out the precise criteria for determining which digital platforms and news media businesses are subject to the mandatory code of conduct.

Key Provisions

The Aged Care Legislation Amendment (Serious Incident Response Scheme and Other Measures) Act 2021 (section 3) introduces significant changes to the aged care sector. It establishes a Serious Incident Response Scheme (SIRS) that requires providers to promptly notify the Aged Care Quality and Safety Commission of serious incidents. This includes incidents of abuse, neglect, or significant harm to residents. The Act also mandates the development of aged care standards and guidelines to ensure the safety and quality of care provided to elderly individuals in residential aged care facilities (section 5). Additionally, it aims to enhance the oversight and regulation of aged care services to protect vulnerable individuals (section 6). The obligations imposed on aged care providers under this Act are extensive. Providers must comply with the new SIRS, which includes timely reporting of serious incidents, conducting investigations, and implementing corrective actions to prevent future occurrences (section 7). Furthermore, providers are required to maintain detailed records of incidents and corrective actions taken, and to provide these records to the Aged Care Quality and Safety Commission upon request (section 8). The Act also places a duty on providers to ensure their staff are adequately trained in recognising and responding to serious incidents (section 9). Failure to comply with the provisions of this Act can result in significant consequences. Providers found to be non-compliant with the SIRS or other regulatory requirements may face penalties, including fines of up to $1.2 million for individuals and $6 million for corporations (section 10). Additionally, serious and repeated breaches may lead to the suspension or cancellation of the provider's registration, effectively barring them from operating in the aged care sector (section 11). The Act also provides for civil penalties where providers are found to have caused harm to residents as a result of non-compliance (section 12).