EXPLANATORY STATEMENT
Issued by the authority of the Minister for Ageing
Aged Care Act 1997
Records Amendment Principles 2008 (No. 1)
The Aged Care Act 1997 (the Act) provides for the regulation and Commonwealth funding of aged care services.
Subsection 96-1(1) of the Act provides for the Minister to make Principles providing for various matters required or permitted by a Part or section of the Act.
Among the Principles made under s 96-1(1) are the Records Principles 1997 (the Records Principles).
The purpose of the Records Amendment Principles 2008 (No. 1) (the Amending Principles) is to state specific records that must be kept related to Aged Care Funding Instrument (ACFI) assessments, appraisals and reappraisals for care recipients.
In the 2004 Budget, measures were announced to implement a new funding model for residential aged care with a reduced number of funding categories for personal care. The funding model is also designed to better target funding towards the care of care recipients with challenging behaviours related to dementia and complex nursing and health care needs including palliative care.
It is proposed that the ACFI will reduce the number of funding levels in residential aged care and provide payments for care recipients with complex health care needs, including palliative care, and for care recipients who have mental or behavioural conditions, including dementia.
Purpose and operation
The ACFI has been designed to reduce the amount of documentation and record-keeping which aged care staff generate and maintain in order to justify the funding classification for each care recipient.
The Amending Principles will commence on the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007.
The Amending Principles are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Consultation
The Department of Health and Ageing has worked closely with a Reference Group to advise on the development of the new funding model. Members of this reference group include peak industry bodies, consumer bodies, the Aged Care Standards and Accreditation Agency and the Australian Nursing Federation.
Regulation Impact Statement
The Office of Regulation has advised that no Regulation Impact Statement is required (RIS ID 8112).
Details of the Amending Principles are listed at Attachment A.
ATTACHMENT A
Details of the Records Amendment Principles 2008 (No. 1)
Section 1 states that the name of the Principles is the Records Amendment Principles 2008 (No. 1).
Section 2 states that the Amending Principles commence on the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007.
Section 3 states that Schedule 1 amends the Records Principles.
Schedule 1 Amendments
Item 1
This item inserts three new definitions for terms to be used in the Records Principles. These terms are the ‘Answer Appraisal Pack’, the ‘application for classification’ and the ‘Assessment Pack’. For each term, reference is made to the definition of that term found in the Classification Principles 1997.
Item 2
This item substitutes paragraph 19.5(a) with new paragraphs 19.5(a), 19.5(aa) and 19.5(ab).
The new paragraphs state specific records that must be kept related to ACFI assessments, appraisals and reappraisals for care recipients. New paragraph 19.5(a) refers to assessments of care recipients. Paragraph 19.5(aa) refers to Answer Appraisal Packs including assessment tools and sources of evidence. Paragraph 19.5(ab) refers to applications for classification for care recipients.
These new requirements will reduce the amount of record-keeping needed to support residential care funding for each care recipient.
Overview
The Records Amendment Principles 2008 (No. 1) were introduced to address the need for more efficient record-keeping related to the Aged Care Funding Instrument (ACFI) assessments, appraisals, and reappraisals. Enacted under the Aged Care Act 1997, these Amending Principles aim to reduce the administrative burden on aged care staff by specifying the exact records required for the new funding model. This model, which was proposed in the 2004 Budget, seeks to streamline the funding categories for residential aged care, targeting support more effectively towards care recipients with complex needs, including those with dementia or palliative care requirements. The Amending Principles commenced on the same day as Schedule 1 of the Aged Care Amendment (Residential Care) Act 2007, and they are designed to integrate seamlessly with the new funding model by ensuring that the documentation process is both streamlined and comprehensive. The development of these principles involved extensive consultation with industry and consumer bodies, ensuring a balanced approach to meeting the needs of both providers and recipients of aged care services.
Scope and Application
The Records Amendment Principles 2008 (No. 1) amend the Aged Care Act 1997, focusing on the records required for Aged Care Funding Instrument (ACFI) assessments, appraisals and reappraisals for care recipients. These principles are designed to reduce the documentation and record-keeping burden on aged care staff, aligning with the new funding model introduced to better target funding towards care recipients with complex health care needs, including those with dementia and palliative care needs. The Amending Principles are applicable to all entities and individuals involved in the provision of aged care services, particularly those conducting ACFI assessments and managing related records. Geographically, these principles apply across Australia as they are part of the Commonwealth-regulated aged care framework. There are no specific exclusions or exemptions noted in the explanatory statement, indicating that the new record-keeping requirements are intended to be broadly applicable. The Amending Principles extend the application of the Aged Care Act by specifying additional records that must be maintained, thus reinforcing the regulatory oversight of aged care funding and care quality.
Key Provisions
The main operative sections of the Records Amendment Principles 2008 (No. 1) concern the specific records that must be kept in relation to Aged Care Funding Instrument (ACFI) assessments, appraisals and reappraisals for care recipients. Section 1 of the Amending Principles names them as the Records Amendment Principles 2008 (No. 1) and Section 2 states that they commence on the same day as Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007. Section 3 of the Amending Principles explains that Schedule 1 amends the Records Principles. Item 1 of Schedule 1 inserts new definitions for the terms ‘Answer Appraisal Pack’, ‘application for classification’ and ‘Assessment Pack’, all of which are defined in the Classification Principles 1997. Item 2 of Schedule 1 substitutes the existing requirements for records to be kept with new paragraphs that detail specific records to be kept related to ACFI assessments, appraisals and reappraisals for care recipients.
The obligations and requirements imposed by the Amending Principles concern the records that must be kept in relation to ACFI assessments, appraisals and reappraisals for care recipients. The new records to be kept include assessments of care recipients, Answer Appraisal Packs including assessment tools and sources of evidence, and applications for classification for care recipients. These requirements are designed to reduce the amount of record-keeping needed to support residential care funding for each care recipient.
The Amending Principles do not specify any offences, penalties or civil or criminal consequences for breach. However, failure to comply with the requirements for record-keeping may result in non-compliance with the Aged Care Act 1997 and associated legislative instruments, which could lead to regulatory action or other consequences as determined by the Minister for Ageing or relevant authorities. The maximum penalties for non-compliance with the Aged Care Act 1997 depend on the nature and severity of the breach, and can include fines and imprisonment.