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Concerns around tight timeframe for new Aged Care Act

2 min read

Aged care providers will be assessed against the new Aged Care Act from 1 July 2024, the date the new laws take effect, attendees at the Department of Health and Aged Care's online Q&A panel discussion on the exposure draft, have been warned.

1,500 people attended the webinar, which was held last Thursday (18 January 2024).

"Once the new obligations are in place under the new Act, we must regulate accordingly," said Aged Care Quality and Safety Commissioner Janet Anderson.

Providers are also expected to be 'deemed' across to the new system by mid-March, said the Department's Assistant Secretary, Harmonisation and Regulatory Strategy Branch, Caroline Turnour.

However, it was clear from some of the questions being asked by the audience that aged care providers are concerned not only about implementing and adhering to the new Act in time, but also the content of the Act itself.

"This is not a consultation on the draft. This is a consultation on the implementation of the Act," read one comment.

"[We are] very interested in your feedback on things that you think are missing or that haven't been considered. But at the same time, we are interested in implementation because an Act isn't going to work if it can't be implemented," responded the Department's First Assistant Secretary, Quality and Assurance Division, Aged Care Group, Amy Laffan (pictured below).

Attendees should provide feedback to the Department about how much time they estimate they will need to implement the changes, she added.

Ms Anderson promised a package of five elements to help providers with the new Act:

  • draft guidance for the seven strengthened Quality Standards (expected early February),
  • an evidence mapping framework to help providers understand what types of evidence the Commission will be looking for,
  • an outline of the Commission's audit methodology,
  • an audit preparation tool for providers (expected early next month), and
  • a 'request for information template' the Commission will use so providers will know what information will be required before an audit begins.

But with consultation closing on 16 February 2024, and the legislation due to take effect on 1 July, the pressure is on to get the Act written and passed. "We will have a challenge getting legislation through Parliament within that really short timeframe," said Assistant Secretary, Legislative Reform Branch with the Department of Health and Aged Care, Mel Metz.

"There aren't that many sitting weeks... between when our consultation period ends and the 1st of July so it is all very tight."

Feedback on the new Act can be provided by attending a workshop in person or online, completing a survey, or sending a submission to the Department of Health and Aged Care.

Details are available here.


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