New rules are expected to apply to aged care workers and providers from 1 December 2022. These will be known as the Code of Conduct for Aged Care (Code). This article provides a brief summary of the status of the Code, who it affects and what will happen if it is not followed.

Why the Code?

The Code is part of the Australian Governments’ Aged Care and Other Legislation Amendment Act 2022 in response to the Royal Commission into Aged Care Quality and Safety’s recommendations. The Code is one of the nine measures to improve accountability and transparency and is expected to be part of several initiatives to increase protections for consumers from workers who pose an unacceptable risk of harm.

What Is the Code And When Will It Come Into Effect?

The Code is part of the Aged Care Quality and Safety Commission Amendment (Code of Conduct and Banning Orders) Rules 2022. These rules are currently in the form of an exposure draft which was opened for public consultation on 4 October 2022. The Code is expected to begin operation from 1 December 2022.

The Code consists of several statements relating to the way in which care, supports and services are provided. It will apply to approved aged care providers, their governing persons and aged care workers who are either employed or subcontracted by these providers. It will not apply to Commonwealth Home Care Support Program workers or those working in a National Aboriginal and Torres Strait Islander Flexible Aged Care Program (NATSIFACP).

What Does the Code Say?

The Code says that, when providing care, supports and services to people, approved providers and aged care staff must:

• act with respect for people’s rights to freedom of expression, self-determination and decision-making in accordance with applicable laws and conventions
• act in a way that treats people with dignity and respect and values their diversity
• act with respect for the privacy of people
• provide care, supports and services in a safe and competent manner, with care and skill
• act with integrity, honesty and transparency
• promptly take steps to raise and act on concerns about matters that may impact the quality and safety of care, supports and services
• provide care, supports and services free from all forms of violence, discrimination, exploitation, neglect and abuse, and sexual misconduct
• take all reasonable steps to prevent and respond to all forms of violence, discrimination, exploitation, neglect and abuse, and sexual misconduct.
  
  

What Will Happen if I Breach the Code?

The Aged Care Quality and Safety Commissioner may take several actions if someone breaches the Code. They may discuss the breach with the person, request documents and conduct investigations, and even ban the person from working in aged care. The Commissioner will also maintain a publicly available register of individuals who have had these banning orders made against them so that they can be identified and prevented from working for other providers.

What Comes Next

The Aged Care Quality and Safety Commission has indicated that it will provide support to the aged care sector with the introduction of the Code. This will include guidance resources suitable to support a range of stakeholders including providers, aged care workers, governing bodies and consumers.

The Department of Health and Aged Care is expected to release more information before the Code commences.

How to Prepare for the Code

We suggest that providers should undertake a range of initiatives in preparation for the introduction of the Code. This includes:

• reviewing a range of existing Commission resources relating to topics such as the Aged Care Quality Standards and the Charter of Aged Care Rights
• ensuring that governing persons, management and workers understand their broader responsibilities to consumers as currently detailed in the Charter of Aged Care Rights
• exploring strategies to introduce the Code to the organisation and the workforce as more information is made available
• considering the impact of the introduction of the Code on current organisation processes and information systems, including policies and procedures, and governance.

More Information

• Department of Health and Aged Care: Exposure draft of the Aged Care Quality and Safety Commission Amendment (Code of Conduct and Banning Orders) Rules 2022
• Aged Care Quality and Safety Commission: Code of Conduct for Aged Care – information for providers
• Aged Care Quality and Safety Commission: Code of Conduct for Aged Care – information for workers
• Aged Care Quality and Safety Commission: Code of Conduct for Aged Care - information for consumers