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“We need to get this right”: Sector backs delay of new Aged Care Act

4 min read

The aged care and retirement living sectors have welcomed the Government's revelation it will update the start date for the new Aged Care Act before the legislation is introduced to Parliament.

Overnight, Nine revealed a leaked document indicated the reform rollout may be delayed until January or July 2025.

The story prompted Minister for Aged Care and Sport, Anika Wells, to issue a statement this morning - only 12 weeks out from the new Act's planned 1 July 2024 start date - stating the Government will "update the commencement date of the legislation" before the Bill is introduced to the Parliament.

Department consulting on time needed

A spokesperson for the Department of Health and Aged Care told The SOURCE that input from consumers, aged care workers, and aged care providers is being analysed and will inform the final Bill that is introduced to Parliament - including the time needed for implementation.

"The Department... specifically consulted with the sector on the time they would need to implement the changes under the new Act, so that when the changes came into effect, everyone is ready.

"This feedback will be taken into account in decision making around timeframes and commencement."

Stagger rollout over 6-12 months: ACCPA

The peak body for aged and community care providers in Australia, Aged and Community Care Providers Association (ACCPA) said it "welcomes" the anticipated extended timeline and recommends a staggered rollout over 6-12 months to implement the new laws.

“We need to make sure that the legislation, which will likely govern the aged care sector for the next 30 years, is not rushed. We need to get this right," ACCPA CEO Tom Symondson told The SOURCE. 

“We are calling for at least 6 to 12 months transition from the time at which all information is available, including the finalised Act, Rules, guidance and education materials.

“A staged approach to implementation of these new reforms should also be adopted so providers can effectively manage change within their organisations, their workforce and engage with their residents and care recipients."

More important to get it right than meet a deadline

Not For Profit Anglicare Sydney, which provides residential aged care and home care, among other services, in the Blue Mountains, Illawarra, Southern Highlands, New England North West and Norfolk Island, also welcomed the extended time frame for consultation on the new Aged Care Act.

“Alongside other leading aged care providers, care workers, advocates, older Australians, their families and community members, we have provided extensive feedback to the Government," said Anglicare Sydney CEO, Simon Miller. 

“A new rights-based Aged Care Act is a critical step in aged care reform, and it is vital that we ensure it sets up providers to deliver the best possible care for the generations to follow.

“We have lived with the current Act for almost 30 years and it is likely we will live with a new Act for at least a decade or two. It is far better to get the new Act right, rather than rush to meet a particular date."

"Some issues with existing draft"

Catholic Health Australia said it supports the government’s decision to refine and finalise the draft legislation based upon stakeholder feedback before it is introduced to Parliament.

“Catholic Health Australia strongly endorses the rights-based approach adopted under the draft legislation, which fundamentally aligns to our core values and mission," said Catholic Health Australia CEO Jason Kara, whose organisation represents 12% of aged care facilities and 20% of at-home care provision.

“However, there are some issues with the existing draft that could cause unintended consequences and substantial parts of the new Act are not yet drafted which need to be worked through before Members of Parliament could be asked to vote on it."

Implications for retirement living

The Property Council's division Retirement Living Council (RLC), also welcomed the Government’s decision to delay implementation of the new Aged Care Act, saying the proposed reforms have flow-on effects for the retirement living sector.

"Key sections of the legislation are yet to be drafted," noted RLC Executive Director Daniel Gannon.

"Deferring the commencement date for the new Act is an obvious and welcome development to ensure we get [the new legislation and implementation] right."

"Frankly, it's too important to get wrong,” he said.

“The aged care system is failing to keep up with current demand, let alone the ‘silver tsunami’ that we know is coming. Over the course of the next decade and a half, the number of people aged over 75 is expected to increase by 70%, with this cohort increasing from 2 million to 3.4 million.

“These changes will have far-reaching implications and to meet what will be significantly increased demand for aged care services, any reforms must facilitate new and innovative models for the provision of care, not impede them,” Daniel said.


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