EXPLANATORY STATEMENT
Issued by the authority of the Minister for Mental Health and Ageing
Aged Care Act 1997
Investigation 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 Investigation Principles 2007 (the Investigation Principles).
The purpose of the Investigation Amendment Principles 2011 (No. 1) (the Amending Principles) is detailed below.
Investigation 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- remove or amend outdated provisions;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 Investigation Amendment Principles 2011
(No. 1)) is to make minor, consequential amendments to the Investigation Principles to reflect changes described in the Accreditation Grant Principles 2011.
Specifically, the Amending Principles:
- amend paragraph (a) of the note at the beginning of Part 6 of the Investigation Principles to refer to both ‘support contacts’ and ‘assessment contacts’ undertaken by the accreditation body. This reflects the fact that the term, ‘support contacts’ has been replaced with the term ‘assessment contacts’ in the Accreditation Grant Principles 2011; and
- replace paragraphs 16A.26(1)(b) and (c) with three new paragraphs which enable a person to complain to the Aged Care Commissioner not just about the conduct of the accreditation body under the Accreditation Grant Principles 1999, but also under the Accreditation Grant Principles 2011. The changes also enable a person to complain about both the conduct of a person carrying out audits and support contacts under the Accreditation Grant Principles 1999, as well as the conduct of persons carrying out audits or assessment contacts under the Accreditation Grant Principles 2011.
The consequential amendments to the Investigation Principles (described above) allow the Aged Care Commissioner to deal appropriately with complaints received either before or after the commencement of 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 amendments in the Amending Principles are minor, consequential changes 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.