The Government recently issued a Statement of Expectations to the Aged Care Quality and Safety Commission 2024–25. The Statement sets out the role for the Aged Care Quality and Safety Commission in preparing the sector for the new Aged Care Act, and gives aged care providers some insight into what the Commission will be focusing on over the next 12 months. Here are the key points.

Regulatory activities

The Government expects the Commission to:

• use a risk-based approach to regulation, which means taking proportionate action against non-compliant providers, using the suite of regulatory interventions available
• gather intelligence and data about providers to drive safe and quality aged care service delivery
• observe principles of regulatory best practice, including continuous improvement, building public trust, being risk-based and data-driven, and collaborating with stakeholders regarding regulatory practices.

Providing some leeway regarding minimum staffing requirements

But where providers are not making a genuine attempt to meet care requirements, the Government expects the Commission to “use its full suite of powers to ensure compliance”.

Improving general functions

In July 2023, the Government published its capability review of the Aged Care Quality and Safety Commission. The Government now expects the Commission to continue to implement these recommendations from the review:

• Operational function maturity: provide a better regulatory service to the community by delivering matured regulatory and operational functions.
• Data and intelligence: better understand and respond to the risks to aged care consumers by strengthening the Commission’s data and intelligence.
• Stakeholder engagement: increase understanding, trust, and respect with stakeholders through enhanced engagement.
• Governance and funding: strengthen the Commission’s governance and funding arrangements.
• Workforce management: maximise the potential of the Commission’s workforce.
• ICT systems: evolve the Commission’s ICT systems to be robust and user focused.

Supporting existing reforms

The Government expects the Commission to continue to support implementation of reforms such as Serious Incident Response Scheme to in home care, the establishment of a new Code of Conduct, introduction of Star Ratings and Dollars to Care and new provider governance reforms.

Planning for upcoming reforms

The Department of Health and Aged Care says that it will work with the Commission on an “Integrated Sector Readiness Plan” to support the transition period and implementation of the upcoming new Aged Care Act. (The new Act is set to commence on 1 July 2025).

As the new regulatory model is implemented as part of the upcoming reforms, the Government expects the Commission to “maintain a Regulatory Strategy which details the Commission’s approach to delivering regulatory functions. This should include ensuring consistency in decision-making, a fair, balanced and effective regulatory approach, and transparency in Commission policies, processes and engagement with stakeholders.”

Relationship with older people accessing aged care services

Of particular relevance to providers are the Government’s expectations that the Commission will:

• continue supporting effective implementation of consumer advisory bodies to ensure provider governing bodies hear the voice of older persons using their services
• continue to support older people and their advocates who make complaints or provide feedback to the Commission under the Commission Act, including maintaining transparency both throughout, and following, the complaints resolution process
• undertake compliance activities to ensure all older persons receive safe and quality care that meets their care needs, particularly their clinical care needs, and have access to relevant services if they need them
• in particular, in relation to older persons whose needs include clinical care, use regulatory powers available to the Commission to monitor and respond to instances of providers not meeting clinical care requirements, including 24/7 nursing, care minutes and vaccinations, when identified.

Relationship with workers

Of particular relevance to providers are the Government’s expectations that the Commission will:

• hold providers to account for meeting their obligations related to workforce management
• be open to receiving and to be responsive to information from the aged care workforce
• be transparent and responsive about complaints that have been made against a provider
• protect aged care workers when they make complaints or disclosures about a provider
• support the aged care workforce to understand their obligations under the Code of Conduct
• support the aged care workforce to understand the expectations and requirements of the aged care sector under the new Aged Care Act.

Relationship with providers

The Government expects the Commission to:

• continue to develop and deliver resources to ensure providers and workers understand their obligations
• be regularly engaged with individual providers to understand the context in which they are operating
• continue to support the Department in the management of the Compliance Star Rating
• take a fair and sensible approach to the regulation of providers’ workforce-related responsibilities, including the 24/7 registered nurse and care minutes requirements
• work with providers and have regard to their efforts to fulfil their workforce-related responsibilities when undertaking its compliance activities
• adopt a risk-based approach to compliance
• work with providers where low vaccination rates for residents are identified and take regulatory action where the Commission determines that providers are not meeting or taking steps to comply with their responsibilities
• monitor whether residential aged care providers are delivering lifestyle, recreation and allied health services required under Schedule 1 of the Quality of Care Principles and take regulatory action where these required and funded services are not delivered.