In its submission to the Senate Inquiry into the Aged Care Bill 2024, the Office of the Inspector-General of Aged Care (OIGAC), which is led by Acting Inspector-General and former COTA Chief Executive Ian Yates AM, has restated its position that Australia should be moving towards a needs-based, demand-driven aged care system, as recommended by the Royal Commission into Aged Care Quality and Safety.
Acting Inspector-General
of Aged Care
The Royal Commission recommended that access to aged care be a universal entitlement based on an "assessed need, coupled with certainty of funding", moving away from the current "rationed" approach.
The Explanatory Memorandum for the Bill explains the intent of the new laws is that an individual has a right to "equitable" access to have their needs for funded aged care assessed or re-assessed.
"People who have been assessed as both in need of and are eligible for support and care, but do not receive it, may find this notion of ‘equity’ confronting," the OIG's submission observes.
The OIGAC said there is not time for a universal entitlement to aged care to be implemented with the reforms to be rolled out by 1 July 2025, "it is achievable in the medium term".
Rights-based reforms weak
The OIGAC is also concerned the "rights-based framework" of the proposed reforms is not as "clear or as robust as Royal Commissioners envisaged".
"The pathways available to individuals to understand and assert their rights lack the necessary vigour to drive real change," the submission states.
The Bill's statement of rights does not create rights or duties enforceable in a court or tribunal. Rather, the primary mechanism for those seeking to invoke their rights is to lodge complaints with the Complaints Commissioner.
"It is unclear what positive action the Complaints Commissioner could take to assert an individual’s rights," the submission says.
Rules not yet released
The submission also notes that a "significant number" of reforms point to additional provisions set out in the "rules", which have not yet been released.
"In the absence of those Rules, there is a degree of uncertainty around how many clauses will operate," the submission states.
Separation of residential and home care
There is also a "significant divergence" from the Royal Commission's recommendation to create "a new aged care program combining current home and community programs and residential care".
"In contrast, the Bill will provide the legal basis for the new Support at Home Program, which is to commence from 1 July 2025, while residential care is to remain a stand-alone service category with different access to services," the submission states.
The OIGAC also requests a mechanism to allow the Independent Health and Aged Care Pricing Authority to disclose protected information to it, omitted in the Bill, which is required to allow the OIGAC to oversee a portion of its oversight functions.
