Aged Care Act 1997
Quality of Care Amendment Principles (No. 1) 1998
I, WARWICK leslie SMITH, Minister for Family Services, make the following principles under subsection 96-1 (1) of the Aged Care Act 1997.
Dated 6 August 1998.
WARWICK SMITH
Minister for Family Services
____________
1. Name of principles
1.1 These principles are the Quality of Care Amendment Principles (No. 1) 1998.
2. Commencement
2.1 These principles commence on gazettal.
3. Amendment
3.1 The Quality of Care Principles 19971 are amended as set out in these principles.
4. Section 18.6 (Specification of care and services)
4.1 After subsection 18.6 (1), insert:
“(1A) The care or service must be provided by the approved provider in a way that meets the Accreditation Standards set out in Schedule 2 or the Residential Care Standards set out in Schedule 3 (as the case requires).”.
5. Schedule 1 (Specified care and services for residential care services)
Note The following note is inserted after the heading to Schedule 1:
“Note Subsection 18.6 (1A) provides that the care and services listed in Schedule 1 are to be provided in a way that meets the standards set out in Schedule 2 or 3 (as the case requires).”.
5.1 Part 3, items 3.8 and 3.9:
Omit the items, substitute:
“3.8 | Nursing services | Initial and on-going assessment, planning and management of care for residents, carried out by a registered nurse Nursing services carried out by a registered nurse, or other professional appropriate to the service (eg medical practitioner, stoma therapist, speech pathologist, physiotherapist or qualified practitioner from a palliative care team) Services may include, but are not limited to, the following: (a) establishment and supervision of a complex pain management or palliative care program, including monitoring and managing any side effects (b) insertion, care and maintenance of tubes, including intravenous and naso-gastric tubes (c) establishing and reviewing a catheter care program, including the insertion, removal and replacement of catheters (d) establishing and reviewing a stoma care program (e) complex wound management (f) insertion of suppositories (g) risk management procedures relating to acute or chronic infectious conditions (h) special feeding for care recipients with dysphagia (difficulty with swallowing) (i) suctioning of airways (j) tracheostomy care (k) enema administration |
| | (l) oxygen therapy requiring ongoing supervision because of a care recipient’s variable need (m) dialysis treatment”. |
6. Schedule 2 (Accreditation Standards)
6.1 Part 1, item 1.8:
Omit “Effective”, substitute “Effective information”.
6.2 Part 2, item 2.16:
Omit “effectively managed”, substitute “managed effectively”.
7. Schedule 3 (Residential Care Standards)
7.1 Part 1, item 1.16:
Omit “effectively managed”, substitute “managed effectively”.
NOTE
1. Quality of Care Principles 1997 notified in the Commonwealth of Australia Gazette on 29 September 1997.
Overview
The Aged Care Act 1997, enacted by the Parliament of Australia, was introduced to establish a framework for the provision of aged care services, ensuring that such services meet specific standards and principles. The Quality of Care Amendment Principles (No. 1) 1998, introduced by the Minister for Family Services, Warwick Leslie Smith, aim to address gaps in the quality of care by amending the existing Quality of Care Principles 1997. The policy objective of these amendments is to enhance the quality of care provided to elderly individuals in residential care settings by ensuring that care and services meet the Accreditation Standards or Residential Care Standards as specified in the Act. These principles, which came into effect upon gazettement, require that care and services be delivered in accordance with detailed standards outlined in the schedules of the Act.
Scope and Application
The Quality of Care Amendment Principles (No. 1) 1998 amends the Quality of Care Principles 1997 under the Aged Care Act 1997, applying to approved providers of aged care services, including residential care services and services specified in Schedule 1, such as nursing services. These principles set out that care and services must be provided in a manner that meets either the Accreditation Standards set out in Schedule 2 or the Residential Care Standards set out in Schedule 3, as applicable. The amendments extend to the specification of care and services, mandating that they be provided by the approved provider in a way that aligns with these standards. This legislative instrument applies across the Commonwealth of Australia, impacting all entities and individuals involved in the provision of aged care services within the nation. There are no stated exclusions or thresholds in these principles, but the specifics of their application and enforcement may be detailed in subordinate instruments or guidelines issued under the authority of the Act.
Key Provisions
The main operative sections of the Quality of Care Amendment Principles (No. 1) 1998 (the 'Principles') introduce amendments to the Quality of Care Principles 1997, which are incorporated into the Aged Care Act 1997. Specifically, section 4.1 amends subsection 18.6(1) to include a new requirement that care or services must be provided by an approved provider in a way that meets the Accreditation Standards set out in Schedule 2 or the Residential Care Standards set out in Schedule 3, as applicable (subsection 18.6(1A)). This amendment clarifies that the specified care and services must adhere to these standards, ensuring that they are delivered in a manner that meets the required benchmarks.
The Principles impose several obligations on the parties governed by them. Firstly, approved providers of aged care services must ensure that the care and services they offer meet the standards outlined in either Schedule 2 (Accreditation Standards) or Schedule 3 (Residential Care Standards), as relevant. This requirement encompasses the detailed specifications for nursing services, such as the initial and ongoing assessment, planning, and management of care for residents, which must be conducted by a registered nurse or other appropriate professional. Additionally, the amendments require that services such as pain management, catheter care, and oxygen therapy be provided according to the standards in the schedules. These obligations are further clarified in Schedule 1, which lists the specific care and services that must be delivered according to the new standards.
The Quality of Care Amendment Principles (No. 1) 1998 do not explicitly outline specific offences or penalties for non-compliance. However, non-compliance with the standards set by the Aged Care Act 1997 and its associated principles could lead to enforcement actions under the Act. Such actions may include warnings, fines, or more severe penalties for significant breaches. The potential consequences for entities failing to meet the specified standards could include sanctions from the Aged Care Quality and Safety Commission, which has the authority to take regulatory measures against non-compliant providers. This could also impact the provider's accreditation status and their ability to continue offering aged care services. The severity of penalties would depend on the nature and extent of the non-compliance, but could result in substantial financial penalties and reputational damage.