Regulatory Bulletin on Compliance with the Aged Care Act and its Standards
On July 19, 2024, the Aged Care Quality and Safety Commission published Regulatory Bulletin (RB2024-25) to update the aged care industry on its compliance program with the Aged Care Act and its Standards. According to the Commission’s Compliance and Enforcement policy, it can take several actions to achieve the following outcomes:
Prompt providers to comply with their responsibilities
Improve compliance with the law
Deter misconduct
Ensure grave misconduct meets proportionate consequences
A notable mechanism is the Infringement Notice scheme. There are 7 criminal offences and 11 civil penalty provisions. The Commission can issue an infringement notice to a person or provider under the Act and the Regulatory Powers (Standard Provisions) Act 2014. These notices carry penalty points, which equate to monetary fines and allow the government to adjust fines without updating legislation.
It's important to note that an infringement notice can apply to both individuals and providers. Individuals found to have breached, or believed on reasonable grounds to have breached, legislation or the Code of Conduct may be issued an infringement notice on a strict liability basis. This means the intent of the person or provider is not considered when deciding to issue the notice.
Risk-e Business Consultants engage with aged care providers of all sizes to help them address challenges around the safety of residential aged care facilities and their residents, home care provision, and community facilities. Our suite of emergency and disaster planning and response services will assist providers and staff in meeting the requirements of the Act, Standards, and related Code of Conduct.
Contact us for assistance and advice on these issues.