The Aged Care Quality and Safety Commission (ACQSC) has issued a statement listing 27 residential aged care homes and 11 providers who have been hit with 'enforceable undertakings' from the regulator for failing to meet the care minute targets.
“Failure to deliver mandatory care minutes where there is an absence of tangible effort to achieve these targets could lead to sanctions and financial penalties," said Aged Care Quality and Safety Commissioner Janet Anderson.
The homes issued with enforceable undertakings fell "well short" of care minutes target over successive quarters. ACQSC's action, described as an "initial" response to the issue of homes not meeting care minute targets, was focused on aged care homes in metropolitan areas where surrounding homes have "much smaller – or no – care minutes shortfalls".
The homes and providers issued with enforceable undertakings are listed below. All operators are For Profit, apart from St Joseph's Aged Care Facility Kensington. Nine of the 27 homes listed are operated by For Profit provider TriCare.
A spokesperson for Infinite Care told The SOURCE, "Our primary focus is always on supporting our residents, families, and team members, and ensuring we continue to deliver high-quality care and services in all our homes" but declined to comment any further on the enforceable undertakings.
Other providers on the list that we contacted had not responded to our questions at the time of publishing.
Our analysis of the listed homes' Star Ratings (as of November) showed three were rated 4 stars (good quality of care) and the remainder rated 3 stars (acceptable quality of care) apart from one which did not have an overall star rating. All got 1 or 2 stars for staffing - but a handful achieved 5 stars for compliance and quality.
Repeated warnings
The ACQSC action follows the Government's announcement in the December 2024 Mid-Year Economic Fiscal Outlook (MYEFO) it will link care minute funding to the delivery of care minutes from 1 October 2025 for residential aged care providers in metropolitan areas. This came after the Aged Care Quality and Safety Commissioner Janet Anderson wrote in June last year to aged care homes that had not achieved the mandated care minute targets, asking them to explain the non-compliance and the steps taken to remedy the situation.
In October, Minister for Aged Care Anika Wells wrote to aged care homes noting her ‘disappointment’ with the failure of some operators, mainly For Profits, to meet care minute requirements despite increased funding over the past two years.
UTS Ageing Research Collaborative (UARC) in their UARC Australia's Aged Care Sector: Full-Year Report 2023-24 stated the care minute compliance rate of For Profit homes had plateaued, while compliance rates for Not For Profit and Government homes had increased. The findings are also evident in the latest care minute data from the Department of Health and Aged Care - see lead image above.
What is an 'enforceable undertaking'?
An enforceable undertaking is a written agreement between the regulator and a provider when the provider is not meeting its obligations. It outlines a plan to return to compliance. Enforceable undertakings are legally binding and if the provider does not do what they are obligated to do they can be taken to court. A court can order the provider to comply, or pay money to the Australian government or compensation to any people impacted.
Homes that decline an offer for an enforceable undertaking, does not offer terms acceptable to the ACQSC, or fails to comply, may result in the ACQSC imposing sanctions, which can involve revoking their ability to provide aged care services or restricting the payment of subsidies to the provider.
Once an enforceable undertaking is agreed between the ACQSC and the provider, the regulator monitors the provider to ensure they are meeting its terms.
Read the ACQSC's statement here.
