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Quality of Care Principles 2014

Authoritative Version
  • - F2021C00292
  • In force - Superseded Version
  • View Series
Principles as amended, taking into account amendments up to Aged Care Legislation Amendment (Serious Incident Response Scheme) Instrument 2021
These principles set out the responsibilities of approved providers in providing care and services for residential and home care. The principles specify the care and services that an approved provider of residential care is to provide, set out the Accreditation Standards that must be met by a residential care service to achieve accreditation, specify the care and services that an approved provider of home care is to provide, and set out the Home Care Standards that a home care provider is expected to meet as a part of quality review.
Administered by: Health
Registered 13 Apr 2021
Start Date 01 Apr 2021
End Date 30 Jun 2021

Commonwealth Coat of Arms of Australia

Quality of Care Principles 2014

made under section 96‑1 of the

Aged Care Act 1997

Compilation No. 8

Compilation date:                              1 April 2021

Includes amendments up to:            F2021L00222

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

About this compilation

This compilation

This is a compilation of the Quality of Care Principles 2014 that shows the text of the law as amended and in force on 1 April 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                     1

1  Name of principles................................................................................................................... 1

3  Authority.................................................................................................................................. 1

4  Definitions................................................................................................................................ 1

4A  Meaning of consumer........................................................................................................... 2

5  Meaning of representative........................................................................................................ 2

Part 2—Residential care services                                                                                 4

6  Purpose of this Part.................................................................................................................. 4

7  Care and services that must be provided................................................................................... 4

8  Influenza vaccination schemes for service staff........................................................................ 5

Part 3—Home care services                                                                                         6

12  Purpose of this Part................................................................................................................ 6

13  Care and services that may be provided.................................................................................. 6

Part 4—Certain flexible care services                                                                         7

15A  Purpose of this Part............................................................................................................. 7

15B  Care and services that may be provided in a residential care setting..................................... 7

15BA  Influenza vaccination schemes for service staff—care provided in a residential care setting        7

15C  Care and services that may be provided in a home care setting............................................ 8

Part 4A—Physical or chemical restraint to be used only as a last resort                 9

15D  Purpose of this Part............................................................................................................. 9

15E  State and Territory laws continue to apply........................................................................... 9

15F  Physical restraint to be used only as a last resort.................................................................. 9

15G  Chemical restraint to be used only as a last resort.............................................................. 10

15H  Review of this Part............................................................................................................ 11

15J  Repeal of this Part and associated definitions on 1 July 2021............................................. 11

Part 4B—Incident management and prevention                                                     12

Division 1—Purpose of this Part                                                                           12

15K  Purpose of this Part........................................................................................................... 12

Division 2—Requirements for managing and preventing incidents                     12

15L  Purpose of this Division.................................................................................................... 12

15LA  Requirements for managing incidents............................................................................. 12

15LB  Requirements for improving management and prevention of incidents........................... 13

Division 3—Incident management system requirements                                      14

15M  Purpose of this Division................................................................................................... 14

15MA  Incidents that must be covered....................................................................................... 14

15MB  Incident management system procedures....................................................................... 14

15MC  Documentation, record keeping and data analysis.......................................................... 15

15MD  Roles, responsibilities, compliance and training of staff members................................. 16

Division 4—Reportable incidents                                                                          16

15N  Purpose of this Division.................................................................................................... 16

15NA  What is a reportable incident?........................................................................................ 17

15NB  What is not a reportable incident?.................................................................................. 19

15NC  Approved provider must notify reportable incidents in accordance with this Division... 20

15ND  Approved provider must ensure that staff members notify reportable incidents............. 20

15NE  Priority 1 notice must be given within 24 hours.............................................................. 20

15NF  Priority 2 notice must be given within 30 days............................................................... 22

15NG  Reporting not required in certain circumstances............................................................. 23

15NH  Significant new information must be notified................................................................. 23

15NI  Final report about reportable incident must be given if required....................................... 23

Part 5—Aged Care Quality Standards                                                                     25

16  Purpose of this Part.............................................................................................................. 25

17  Aged Care Quality Standards............................................................................................... 25

18  Application of Aged Care Quality Standards....................................................................... 25

Schedule 1—Care and services for residential care services            26

Part 1—Hotel services—to be provided for all care recipients who need them     26

1  Hotel services—for all care recipients who need them........................................................... 26

Part 2—Care and services—to be provided for all care recipients who need them 28

2  Care and services—for all care recipients who need them...................................................... 28

Part 3—Care and services—to be provided for all care recipients who need them—fees may apply  30

3  Care and services—for all care recipients who need them—fees may apply.......................... 30

Schedule 2—Aged Care Quality Standards                                    32

1  Standard 1—consumer dignity and choice............................................................................. 32

2  Standard 2—ongoing assessment and planning with consumers........................................... 32

3  Standard 3—personal care and clinical care............................................................................ 33

4  Standard 4—services and supports for daily living................................................................ 34

5  Standard 5—organisation’s service environment................................................................... 35

6  Standard 6—feedback and complaints.................................................................................... 36

7  Standard 7—human resources................................................................................................ 36

8  Standard 8—organisational governance................................................................................. 37

Schedule 3—Care and services for home care services                   38

Part 1—Care and services                                                                                          38

1  Care services.......................................................................................................................... 38

2  Support services..................................................................................................................... 39

3  Clinical services...................................................................................................................... 40

Part 2—Excluded items                                                                                              41

4  Items that must not be included in package of care and services............................................. 41

Schedule 5—Care and services for short‑term restorative care      42

Part 1—Care and services that may be provided in a residential care setting      42

Division 1—Hotel services—to be provided for all care recipients who need them      42

1  Hotel services—for all care recipients who need them........................................................... 42

Division 2—Care and services—to be provided for all care recipients who need them           44

2  Care and services—for all care recipients who need them...................................................... 44

Division 3—Care and services—to be provided for all care recipients who need them—fees may apply                                                                                                           46

3  Care and services—for all care recipients who need them—fees may apply.......................... 46

Part 2—Care and services that may be provided in a home care setting               48

Division 1—Care and services that may be provided                                          48

4  Care services.......................................................................................................................... 48

5  Support services..................................................................................................................... 49

6  Clinical services...................................................................................................................... 50

Division 2—Excluded care and services                                                               51

7  Items that must not be included in package of care and services............................................. 51

Endnotes                                                                                                                      52

Endnote 1—About the endnotes                                                                            52

Endnote 2—Abbreviation key                                                                               53

Endnote 3—Legislation history                                                                            54

Endnote 4—Amendment history                                                                           55


Part 1Preliminary

  

1  Name of principles

                   These principles are the Quality of Care Principles 2014.

3  Authority

                   These principles are made under section 96‑1 of the Aged Care Act 1997.

4  Definitions

Note:          A number of expressions used in these principles are defined in the Act, including the following:

(a)    classification level;

(b)    continuing residential care recipient;

(c)    reportable incident;

(d)    residential care recipient;

(e)    staff member.

                   In these principles:

Act means the Aged Care Act 1997.

ADL domain has the meaning given by the Classification Principles 2014.

approved health practitioner means a medical practitioner, nurse practitioner or registered nurse.

behaviour domain has the meaning given by the Classification Principles 2014.

CHC domain has the meaning given by the Classification Principles 2014.

chemical restraint means a restraint that is, or that involves, the use of medication or a chemical substance for the purpose of influencing a person’s behaviour, other than medication prescribed for the treatment of, or to enable treatment of, a diagnosed mental disorder, a physical illness or a physical condition.

consumer has the meaning given by section 4A.

domain has the meaning given by the Classification Principles 2014.

domain category has the meaning given by the Classification Principles 2014.

home care setting has the meaning given by section 4 of the Subsidy Principles 2014.

organisation means the approved provider of an aged care service.

physical restraint means any restraint other than:

                     (a)  a chemical restraint; or

                     (b)  the use of medication prescribed for the treatment of, or to enable treatment of, a diagnosed mental disorder, a physical illness or a physical condition.

priority 1 reportable incident has the meaning given by section 15NE.

Quality and Safety Commission Rules means rules made under the Quality and Safety Commission Act.

representative, of a consumer, has the meaning given by section 5.

residential care setting has the meaning given by section 4 of the Subsidy Principles 2014.

restraint means any practice, device or action that interferes with a consumer’s ability to make a decision or restricts a consumer’s free movement.

service environment has the meaning given by subclause 5(4) of Schedule 2.

services and supports for daily living has the meaning given by subclause 4(4) of Schedule 2.

service staff, in relation to an aged care service, means staff (including volunteers) who access, or are reasonably likely to access, any premises where the operation or administration of the service occurs.

short‑term restorative care has the meaning given by section 4 of the Subsidy Principles 2014.

workforce, of an organisation that is the approved provider of an aged care service, means the service staff in relation to the aged care service.

4A  Meaning of consumer

             (1)  Consumer means a person to whom an approved provider provides, or is to provide, care through an aged care service.

             (2)  A reference to a consumer in a provision of the Aged Care Quality Standards set out in Schedule 2 includes a reference to a representative of the consumer, so far as the provision is capable of applying to a representative of a consumer.

5  Meaning of representative

             (1)  Representative, of a consumer, means:

                     (a)  a person nominated by the consumer as a person to be told about matters affecting the consumer; or

                     (b)  a person:

                              (i)  who nominates themselves as a person to be told about matters affecting a consumer; and

                             (ii)  who the relevant organisation is satisfied has a connection with the consumer and is concerned for the safety, health and well‑being of the consumer.

             (2)  Without limiting subparagraph (1)(b)(ii), a person has a connection with a consumer if:

                     (a)  the person is a partner, close relation or other relative of the consumer; or

                     (b)  the person holds an enduring power of attorney given by the consumer; or

                     (c)  the person has been appointed by a State or Territory guardianship board (however described) to deal with the consumer’s affairs; or

                     (d)  the person represents the consumer in dealings with the organisation.

             (3)  Nothing in this section is intended to affect the powers of a substitute decision‑maker appointed for a person under a law of a State or Territory.

Part 2Residential care services

  

6  Purpose of this Part

                   For subsection 54‑1(1) of the Act, this Part specifies:

                     (a)  the care and services that an approved provider of a residential care service must provide; and

                     (b)  other responsibilities of an approved provider of a residential care service in relation to the quality of the aged care that the approved provider provides.

7  Care and services that must be provided

             (1)  For paragraph 54‑1(1)(a) of the Act, an approved provider of a residential care service must, for each item in a table in Schedule 1, provide the care or service specified in column 1 of the item to any care recipient who needs it.

             (2)  The content of the care or service specified in column 1 of the item consists of the matter specified in column 2 of the item.

             (3)  The care or service must be provided by the approved provider in a way that complies with the Aged Care Quality Standards set out in Schedule 2.

             (4)  The maximum amount that the approved provider may charge a care recipient who is not a care recipient to whom subsection (6) applies, for the provision of care and services specified in Part 1 or 2 of Schedule 1, is:

                     (a)  if the care recipient is a continuing residential care recipient—the amount permitted under Division 58 of the Aged Care (Transitional Provisions) Act 1997; or

                     (b)  in any other case—the amount permitted under Division 52C of the Act.

             (5)  The maximum amount that the approved provider may charge a care recipient to whom subsection (6) applies, for the provision of care and services specified in Part 1, 2 or 3 of Schedule 1, is:

                     (a)  if the care recipient is a continuing residential care recipient—the amount permitted under Division 58 of the Aged Care (Transitional Provisions) Act 1997; or

                     (b)  in any other case—the amount permitted under Division 52C of the Act.

             (6)  This subsection applies to the following care recipients:

                     (a)  a care recipient whose classification level includes any of the following:

                              (i)  high ADL domain category;

                             (ii)  high CHC domain category;

                            (iii)  high behaviour domain category;

                            (iv)  a medium domain category in at least 2 domains;

                     (b)  a care recipient whose classification level is high level residential respite care;

                     (c)  a care recipient for whom there is no classification and who is taken, under subsection 25‑1(4) of the Act, to be classified at the lowest applicable classification level under section 12 of the Classification Principles 2014;

                     (d)  a continuing residential care recipient who on 19 March 2008 was receiving a high level of residential care (as defined in the Act on 19 March 2008);

                     (e)  a care recipient who:

                              (i)  on 31 December 2009, was receiving a high level of residential care (as defined in the Act on 31 December 2009); and

                             (ii)  between 1 January 2010 and 30 June 2014, was not eligible to receive a high level of residential care solely because of the amendment to the meaning of high level of residential care in the Classification Principles 1997 that commenced on 1 January 2010; and

                            (iii)  is being provided with residential care through the same residential care service from which he or she was receiving care on 31 December 2009.

8  Influenza vaccination schemes for service staff

                   An approved provider of a residential care service must:

                     (a)  provide service staff with access to annual influenza vaccinations for free; and

                     (b)  promote the benefits, for service staff and care recipients, of service staff receiving annual influenza vaccinations.

Part 3Home care services

  

12  Purpose of this Part

                   For paragraph 54‑1(1)(a) of the Act, this Part specifies the care and services that an approved provider of a home care service may provide to a care recipient.

13  Care and services that may be provided

             (1)  An approved provider of a home care service must provide a package of care and services selected from the care and services specified in Part 1 of Schedule 3.

             (2)  The care recipient and the approved provider may agree to include, in the package of care and services, other care and services required to support the care recipient to live at home, provided that:

                     (a)  the approved provider is able to provide the care and services within the limits of the resources available; and

                     (b)  the item is not specified in Part 2 of Schedule 3 as an excluded item.

             (3)  The package of care and services may be used to support the use of telehealth and digital technology, such as remote monitoring, if this is agreed under subsection (2).

             (4)  The care and services must be consistent with the care and services plan documented for the care recipient in accordance with the Aged Care Quality Standards set out in Schedule 2.

Note:          See Standard 2 (ongoing assessment and planning with consumers) set out in clause 2 of Schedule 2.

             (5)  The care and services must be provided by the approved provider in a way that complies with the Aged Care Quality Standards set out in Schedule 2.

Part 4Certain flexible care services

  

15A  Purpose of this Part

                   For the purposes of subsection 54‑1(1) of the Act, this Part specifies:

                     (a)  the care and services that an approved provider of flexible care in the form of short‑term restorative care may provide to a care recipient; and

                     (b)  other responsibilities of an approved provider of such flexible care in relation to the quality of the aged care that the approved provider provides.

15B  Care and services that may be provided in a residential care setting

             (1)  This section applies in relation to an approved provider of flexible care in the form of short‑term restorative care if the care is provided in a residential care setting.

             (2)  The approved provider must, for each item in a table in Part 1 of Schedule 5, provide the care or service specified in column 1 of the item to any care recipient who needs it.

             (3)  The content of the care or service specified in column 1 of the item consists of the matter specified in column 2 of the item.

             (4)  The care and services must be consistent with the care and services plan documented for the care recipient in accordance with the Aged Care Quality Standards set out in Schedule 2.

Note:          See Standard 2 (ongoing assessment and planning with consumers) set out in clause 2 of Schedule 2.

             (5)  The care and services must be provided by the approved provider in a way that complies with the Aged Care Quality Standards set out in Schedule 2.

15BA  Influenza vaccination schemes for service staff—care provided in a residential care setting

             (1)  This section applies in relation to an approved provider of flexible care in the form of short‑term restorative care if the care is provided in a residential care setting.

             (2)  The approved provider must:

                     (a)  provide service staff with access to annual influenza vaccinations for free; and

                     (b)  promote the benefits, for service staff and care recipients, of service staff receiving annual influenza vaccinations.

15C  Care and services that may be provided in a home care setting

             (1)  This section applies in relation to an approved provider of flexible care in the form of short‑term restorative care if the care is provided in a home care setting.

             (2)  The approved provider must provide a package of care and services selected from the care and services specified in Division 1 of Part 2 of Schedule 5.

             (3)  The package of care and services must not include an item specified in Division 2 of Part 2 of Schedule 5 as an excluded item.

             (4)  The care and services must be consistent with the care and services plan documented for the care recipient in accordance with the Aged Care Quality Standards set out in Schedule 2.

Note:          See Standard 2 (ongoing assessment and planning with consumers) set out in clause 2 of Schedule 2.

             (5)  The care and services must be provided by the approved provider in a way that complies with the Aged Care Quality Standards set out in Schedule 2.

Part 4APhysical or chemical restraint to be used only as a last resort

  

15D  Purpose of this Part

                   For the purposes of paragraph 54‑1(1)(h) of the Act, this Part specifies other responsibilities of an approved provider in relation to the quality of the aged care the approved provider provides that is:

                     (a)  residential care; or

                     (b)  flexible care in the form of short‑term restorative care provided in a residential care setting.

15E  State and Territory laws continue to apply

                   This Part does not affect the operation of any law of a State or Territory in relation to restraint.

15F  Physical restraint to be used only as a last resort

             (1)  An approved provider must not use a physical restraint in relation to a consumer unless, in relation to that use of the restraint:

                     (a)  an approved health practitioner who has day‑to‑day knowledge of the consumer has:

                              (i)  assessed the consumer as posing a risk of harm to the consumer or any other person, and as requiring the restraint; and

                             (ii)  documented the assessment, unless the use of the restraint is necessary in an emergency; and

                     (b)  alternatives to restraint have been used for the consumer to the extent possible; and

                     (c)  the alternatives to restraint that have been considered or used have been documented, unless the use of the restraint is necessary in an emergency; and

                     (d)  the restraint is the least restrictive form of restraint possible; and

                     (e)  the approved provider has the informed consent of the consumer or the consumer’s representative to the use of the restraint, unless the use of the restraint is necessary in an emergency.

             (2)  If an approved provider uses a physical restraint in relation to a consumer, the approved provider must:

                     (a)  if the restraint is used in an emergency—document the matters mentioned in subparagraph (1)(a)(ii) and paragraph (1)(c) as soon as practicable after the restraint starts to be used; and

                     (b)  if the restraint is used without the consent mentioned in paragraph (1)(e)—inform the consumer’s representative as soon as practicable after the restraint starts to be used; and

                     (c)  ensure the care and services plan documented for the consumer in accordance with the Aged Care Quality Standards set out in Schedule 2 identifies the following:

                              (i)  the consumer’s behaviours that are relevant to the need for the restraint;

                             (ii)  the alternatives to restraint that have been used (if any);

                            (iii)  the reasons the restraint is necessary;

                            (iv)  the care to be provided to the consumer in relation to the consumer’s behaviour; and

                     (d)  use the restraint for the minimum time necessary; and

                     (e)  while the consumer is subject to the restraint:

                              (i)  regularly monitor the consumer for signs of distress or harm; and

                             (ii)  regularly monitor and review the necessity for the restraint.

15G  Chemical restraint to be used only as a last resort

             (1)  An approved provider must not use a chemical restraint in relation to a consumer unless:

                     (a)  a medical practitioner or nurse practitioner has assessed the consumer as requiring the restraint and has prescribed the medication the use of which is, or is involved in, the restraint; and

                     (b)  the practitioner’s decision to use the restraint has been recorded in the care and services plan documented for the consumer in accordance with the Aged Care Quality Standards set out in Schedule 2; and

                     (c)  the consumer’s representative is informed before the restraint is used if it is practicable to do so.

Note 1:       Codes of appropriate professional practice for medical practitioners and nurse practitioners provide for the practitioners to obtain informed consent before prescribing medications. Those codes are approved under the Health Practitioner Regulation National Law and are:

(a)    for medical practitioners—Good medical practice: a code of conduct for doctors in Australia (which in 2019 could be viewed on the website of the Medical Board of Australia (https://www.medicalboard.gov.au)); and

(b)    for nurse practitioners—Code of conduct for nurses (which in 2019 could be viewed on the website of the Nursing and Midwifery Board of Australia (https://www.nursingmidwiferyboard.gov.au)).

Note 2:       State and Territory legislation deals with who can consent to the prescribing of medication for a consumer who cannot consent because of any physical or mental incapacity.

             (2)  If an approved provider uses a chemical restraint in relation to a consumer, the approved provider must:

                     (a)  if the consumer’s representative has not been informed of the use of the restraint—inform the consumer’s representative as soon as practicable after the restraint starts to be used; and

                     (b)  ensure the care and services plan documented for the consumer in accordance with the Aged Care Quality Standards set out in Schedule 2 identifies the following:

                              (i)  the consumer’s behaviours that are relevant to the need for the restraint;

                             (ii)  the alternatives to restraint that have been used (if any);

                            (iii)  the reasons the restraint is necessary (if known by the approved provider);

                            (iv)  the information (if any) provided to the practitioner that informed the decision to prescribe the medication; and

                     (c)  while the consumer is subject to the restraint—regularly monitor the consumer for signs of distress or harm and provide information to the practitioner regarding use of the restraint.

15H  Review of this Part

             (1)  The Minister must ensure that there is a review of the operation of this Part (except this section).

             (2)  Without limiting subsection (1), the review must consider the effectiveness of this Part in minimising the use of physical restraints and chemical restraints by approved providers in relation to consumers in the period 1 July 2019 to 30 June 2020.

             (3)  The review must make provision for consultation.

             (4)  The review must be completed by 31 December 2020.

             (5)  The Minister must ensure that a written report of the review is prepared.

             (6)  The Minister must ensure that a copy of the report is:

                     (a)  published on the internet; and

                     (b)  tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

15J  Repeal of this Part and associated definitions on 1 July 2021

             (1)  This Part is repealed at the start of 1 July 2021.

             (2)  The following definitions in section 4 are repealed at the start of 1 July 2021:

                     (a)  approved health practitioner;

                     (b)  chemical restraint;

                     (c)  physical restraint;

                     (d)  restraint.

Part 4BIncident management and prevention

Division 1Purpose of this Part

15K  Purpose of this Part

             (1)  For the purposes of subparagraphs 54‑1(1)(e)(i) and (ii) of the Act, this Part sets out requirements that relate to an approved provider’s responsibility to manage incidents and take reasonable steps to prevent incidents.

             (2)  This Part applies to incidents that consist of acts, omissions, events or circumstances that:

                     (a)  occur, are alleged to have occurred, or are suspected of having occurred, in connection with the provision of residential care, or flexible care provided in a residential setting, to a residential care recipient of the approved provider; and

                     (b)  either:

                              (i)  have caused harm to the residential care recipient or another person; or

                             (ii)  could reasonably have been expected to have caused harm to a residential care recipient or another person.

             (3)  Divisions 2 and 3 of this Part also apply to incidents not covered by subsection (2) that consist of acts, omissions, events or circumstances that:

                     (a)  the approved provider becomes aware of in connection with the provision of residential care, or flexible care provided in a residential setting, to a residential care recipient of the approved provider; and

                     (b)  have caused harm to the residential care recipient.

Division 2Requirements for managing and preventing incidents

15L  Purpose of this Division

                   For the purposes of subparagraph 54‑1(1)(e)(ii) of the Act, this Division specifies requirements that an approved provider must comply with in managing and preventing incidents.

Note:          For incidents to which this Division applies, see subsections 15K(2) and (3).

15LA  Requirements for managing incidents

             (1)  The approved provider’s management of incidents must be focused on the safety, health, well‑being and quality of life of residential care recipients of the provider.

             (2)  The approved provider must respond to an incident by:

                     (a)  assessing the support and assistance required to ensure the safety, health and well‑being of persons affected by the incident; and

                     (b)  providing that support and assistance to those persons; and

                     (c)  assessing how to appropriately involve each person affected by the incident, or a representative of the person, in the management and resolution of the incident; and

                     (d)  involving each person or representative in that way; and

                     (e)  using an open disclosure process.

             (3)  The approved provider must assess the incident in relation to the following, taking into account the views of persons affected by the incident:

                     (a)  whether the incident could have been prevented;

                     (b)  what, if any, remedial action needs to be undertaken to prevent further similar incidents from occurring, or to minimise their harm;

                     (c)  how well the incident was managed and resolved;

                     (d)  what, if any, actions could be taken to improve the provider’s management and resolution of similar incidents;

                     (e)  whether other persons or bodies should be notified of the incident.

             (4)  The approved provider must:

                     (a)  take any actions determined under paragraph (3)(b); and

                     (b)  take any actions determined under paragraph (3)(d) that are reasonable in the circumstances; and

                     (c)  notify the persons and bodies determined under paragraph (3)(e).

Notifying police of incident

             (5)  If there are reasonable grounds to report the incident to police, the approved provider must notify a police officer of the incident within 24 hours of becoming aware of the incident.

             (6)  If the approved provider later becomes aware of reasonable grounds to report the incident to police, the provider must notify a police officer of the incident within 24 hours of becoming aware of those grounds.

15LB  Requirements for improving management and prevention of incidents

             (1)  The approved provider must collect data relating to incidents that will enable the provider to continuously improve the provider’s management and prevention of incidents, including to enable the provider to:

                     (a)  identify and address systemic issues in the quality of care provided by the provider; and

                     (b)  provide feedback and training to staff members of the provider about managing and preventing incidents.

             (2)  The approved provider must regularly analyse and review this information to assess:

                     (a)  the effectiveness of the provider’s management and prevention of incidents; and

                     (b)  what, if any, actions could be taken to improve the provider’s management and prevention of incidents.

             (3)  The approved provider must take any actions determined under paragraph (2)(b) that are reasonable in the circumstances.

Division 3Incident management system requirements

15M  Purpose of this Division

             (1)  An approved provider who provides residential care, or flexible care provided in a residential setting, has a responsibility to implement and maintain an incident management system.

Note:          This is a responsibility of the approved provider under Chapter 4 of the Act: see section 54‑1.

             (2)  For the purposes of subparagraph 54‑1(1)(e)(i) of the Act, the incident management system of the approved provider must comply with the requirements set out in this Division.

15MA  Incidents that must be covered

                   The incident management system of the approved provider must cover all incidents to which this Division applies, including reportable incidents.

Note 1:       For incidents to which this Division applies, see subsections 15K(2) and (3).

Note 2:       For additional requirements that apply to reportable incidents, see Division 4.

15MB  Incident management system procedures

             (1)  The incident management system of the approved provider must establish procedures to be followed in identifying, managing and resolving incidents, including procedures that specify the following:

                     (a)  how incidents are identified, recorded and reported;

                     (b)  to whom incidents must be reported;

                     (c)  the person who is responsible for notifying reportable incidents to the Quality and Safety Commissioner;

                     (d)  how the provider will provide support and assistance to persons affected by an incident to ensure their safety, health and well‑being (including providing information about access to advocates such as independent advocates);

                     (e)  how persons affected by an incident (or representatives of the persons) will be involved in the management and resolution of the incident;

                      (f)  when an investigation by the provider is required to establish:

                              (i)  the causes of a particular incident; or

                             (ii)  the harm caused by the incident; or

                            (iii)  any operational issues that may have contributed to the incident occurring;

                            and the nature of that investigation;

                     (g)  when remedial action is required and the nature of that action.

             (2)  The procedures may vary, depending on the seriousness of the incident.

             (3)  The incident management system must set out procedures for ensuring that the requirements of sections 15LA and 15LB are complied with.

             (4)  The incident management system must provide that, if the incident is a reportable incident, the incident must also be notified and managed in accordance with Division 4.

15MC  Documentation, record keeping and data analysis

             (1)  The approved provider must:

                     (a)  document its incident management system procedures; and

                     (b)  make the documented procedures available, in an accessible form, to the following persons:

                              (i)  residential care recipients of the provider;

                             (ii)  each staff member of the provider;

                            (iii)  family members, carers, representatives, advocates (including independent advocates) of the residential care recipients, and any other person significant to those residential care recipients; and

                     (c)  assist persons referred to in paragraph (b) to understand how the incident management system operates.

             (2)  The incident management system of the approved provider must provide for the following details, as a minimum, to be recorded in relation to each incident:

                     (a)  a description of the incident, including:

                              (i)  the harm that was caused, or that could reasonably have been expected to have been caused, to each person affected by the incident; and

                             (ii)  if known—the consequences of that harm;

                     (b)  whether the incident is a reportable incident;

                     (c)  if known—the time, date and place at which the incident occurred or was alleged or suspected to have occurred;

                     (d)  the time and date the incident was identified;

                     (e)  the names and contact details of the persons directly involved in the incident;

                      (f)  the names and contact details of any witnesses to the incident;

                     (g)  details of the assessments undertaken in accordance with subsections 15LA(2) and (3);

                     (h)  the actions taken in response to the incident, including actions taken under subsections 15LA(2), (4), (5) or (6);

                      (i)  any consultations undertaken with the persons affected by the incident;

                      (j)  whether persons affected by the incident have been provided with any reports or findings regarding the incident;

                     (k)  if an investigation is undertaken by the provider in relation to the incident—the details and outcomes of the investigation;

                      (l)  the name and contact details of the person making the record of the incident.

             (3)  A record of an incident for the purposes of subsection (2) must be retained for 7 years after the date the incident was identified.

             (4)  The incident management system must provide for the collection of data relating to incidents that will enable the approved provider to:

                     (a)  identify occurrences, or alleged or suspected occurrences, of similar incidents; and

                     (b)  comply with section 15LB (about using information to continuously improve the provider’s management and prevention of incidents); and

                     (c)  provide information to the Quality and Safety Commissioner, if required or requested to do so by the Commissioner.

             (5)  This section does not limit paragraph 15MB(1)(a).

15MD  Roles, responsibilities, compliance and training of staff members

             (1)  The incident management system of the approved provider must set out the roles and responsibilities of staff members of the provider in identifying, managing and resolving incidents and in preventing incidents from occurring.

             (2)  Without limiting subsection (1), the incident management system must provide that each staff member of the approved provider must comply with the incident management system.

             (3)  The incident management system must include requirements relating to the provision of training to each staff member of the approved provider in the use of, and compliance with, the incident management system.

Division 4Reportable incidents

15N  Purpose of this Division

             (1)  For the purposes of subsection 54‑3(1) of the Act, this Division makes provision for dealing with reportable incidents.

             (2)  Under subparagraph 54‑1(1)(e)(i) of the Act the incident management system of an approved provider must comply with the requirements set out in this Division in relation to reportable incidents.

Note:          An approved provider who provides residential care, or flexible care provided in a residential setting, has a responsibility under Chapter 4 of the Act to implement and maintain an incident management system: see section 54‑1.

15NA  What is a reportable incident?

             (1)  This section is made for the purposes of subsection 54‑3(4) of the Act. It defines or clarifies the meaning of expressions used in paragraph 54‑3(2)(a), (b), (c), (d), (e), (f) or (h) of the Act.

Note 1:       Under subsection 54‑3(2) of the Act a reportable incident is any of the incidents in paragraphs 54‑3(2)(a) to (h) of the Act that have occurred, are alleged to have occurred, or are suspected of having occurred, in connection with the provision of residential care, or flexible care provided in a residential setting, to a residential care recipient of an approved provider. See also subsection 15K(2) for incidents to which this Part applies.

Note 2:       The use of physical restraint or chemical restraint in relation to the residential care recipient (other than in circumstances set out in this instrument) is also a reportable incident: see paragraph 54‑3(2)(g) of the Act and Part 4A of this instrument.

Note 3:       Subsection 54‑3(5) of the Act allows this instrument to provide that specified acts, omissions or events are, or are not, reportable incidents. This instrument can override subsection 54‑3(2) of the Act in this regard. See section 15NB of this instrument which is made for the purpose of subsection 54‑3(5) of the Act.

Unreasonable use of force

             (2)  In paragraph 54‑3(2)(a) of the Act, the expression “unreasonable use of force against the residential care recipient” includes conduct ranging from a deliberate and violent physical attack to use of unwarranted physical force.

             (3)  To avoid doubt, that expression does not cover gently touching the residential care recipient:

                     (a)  for the purposes of providing care; or

                     (b)  to attract the residential care recipient’s attention; or

                     (c)  to guide the residential care recipient; or

                     (d)  to comfort the residential care recipient when the recipient is distressed.

Unlawful sexual contact, or inappropriate sexual conduct

             (4)  In paragraph 54‑3(2)(b) of the Act, the expression “unlawful sexual contact, or inappropriate sexual conduct, inflicted on the residential care recipient” includes the following:

                     (a)  if the contact or conduct is inflicted by a person who is a staff member of the approved provider or a person while the person is providing care or services for the provider (such as while volunteering)—the following:

                              (i)  any conduct or contact of a sexual nature inflicted on the residential care recipient, including (without limitation) sexual assault, an act of indecency and the sharing of an intimate image of the residential care recipient;

                             (ii)  any touching of the residential care recipient’s genital area, anal area or breast in circumstances where this is not necessary to provide care or services to the residential care recipient;

                     (b)  any non‑consensual contact or conduct of a sexual nature, including (without limitation) sexual assault, an act of indecency and the sharing of an intimate image of the residential care recipient;

                     (c)  engaging in conduct relating to the residential care recipient with the intention of making it easier to procure the residential care recipient to engage in sexual contact or conduct.

             (5)  However, that expression does not include consensual contact or conduct of a sexual nature between the residential care recipient and a person who is not a staff member of the approved provider, including the following:

                     (a)  another person who is a residential care recipient of the provider;

                     (b)  a person who provides care or services for the provider (such as while volunteering) other than while that person is providing that care or services.

Psychological or emotional abuse

             (6)  In paragraph 54‑3(2)(c) of the Act the expression “psychological or emotional abuse of the residential care recipient” includes conduct that:

                     (a)  has caused the residential care recipient psychological or emotional distress; or

                     (b)  could reasonably have been expected to have caused a residential care recipient psychological or emotional distress.

             (7)  Conduct covered by subsection (6) includes (without limitation) the following:

                     (a)  taunting, bullying, harassment or intimidation;

                     (b)  threats of maltreatment;

                     (c)  humiliation;

                     (d)  unreasonable refusal to interact with the residential care recipient or acknowledge the recipient’s presence;

                     (e)  unreasonable restriction of the residential care recipient’s ability to engage socially or otherwise interact with people;

                      (f)  repetitive conduct or contact which does not constitute unreasonable use of force but the repetition of which:

                              (i)  has caused the residential care recipient psychological or emotional distress; or

                             (ii)  could reasonably have been expected to have caused a residential care recipient psychological or emotional distress.

Unexpected death

             (8)  In paragraph 54‑3(2)(d) of the Act the expression “unexpected death of the residential care recipient” includes death in circumstances where:

                     (a)  reasonable steps were not taken by the approved provider to prevent the death; or

                     (b)  the death is a result of:

                              (i)  care or services provided by the approved provider; or

                             (ii)  a failure of the approved provider to provide care or services.

Stealing or financial coercion

             (9)  In paragraph 54‑3(2)(e) of the Act, the expression “stealing from, or financial coercion of, the residential care recipient by a *staff member of the provider” includes the following:

                     (a)  stealing from the residential care recipient by a staff member of the approved provider;

                     (b)  conduct by a staff member of the approved provider that:

                              (i)  is coercive or deceptive in relation to the residential care recipient’s financial affairs; or

                             (ii)  unreasonably controls the financial affairs of the residential care recipient.

Neglect

           (10)  In paragraph 54‑3(2)(f) of the Act, the expression “neglect of the residential care recipient” includes the following:

                     (a)  a breach of the duty of care owed by the approved provider, or a staff member of the provider, to the residential care recipient;

                     (b)  a gross breach of professional standards by a staff member of the approved provider in providing care or services to the residential care recipient.

Unexplained absence

           (11)  In paragraph 54‑3(2)(h) of the Act the expression “unexplained absence of the residential care recipient from the residential care services of the provider” means an absence of the residential care recipient from the residential care services in circumstances where there are reasonable grounds to report the absence to police.

15NB  What is not a reportable incident?

             (1)  This section is made for the purposes of paragraph 54‑3(5)(b) of the Act. Despite subsection 54‑3(2) of the Act, an incident covered by one of the following subsections is not a reportable incident.

             (2)  Despite paragraph 54‑3(2)(g) of the Act, the use of physical restraint or chemical restraint in relation to a residential care recipient is not a reportable incident if:

                     (a)  the use of physical restraint or chemical restraint is in a transition care program in a residential care setting; and

                     (b)  the use is in the circumstances in sections 15F and 15G (assuming that those sections applied to the residential care recipient in relation to that care).

             (3)  Despite subsection 54‑3(2) of the Act, an incident is not a reportable incident if the incident results from the residential care recipient deciding to refuse to receive care or services offered by the approved provider.

15NC  Approved provider must notify reportable incidents in accordance with this Division

                   An approved provider must take all reasonable steps to ensure that reportable incidents are notified to the Quality and Safety Commissioner in accordance with this Division.

15ND  Approved provider must ensure that staff members notify reportable incidents

                   An approved provider must ensure that a staff member of the provider who becomes aware of a reportable incident notifies one of the following of that fact as soon as possible:

                     (a)  one of the provider’s key personnel;

                     (b)  a supervisor or manager of the staff member;

                     (c)  the person specified for the purposes of paragraph 15MB(1)(c) for the provider.

15NE  Priority 1 notice must be given within 24 hours

             (1)  If:

                     (a)  an approved provider becomes aware of a reportable incident; and

                     (b)  the provider has reasonable grounds to believe that the incident is a priority 1 reportable incident;

the provider must give the Quality and Safety Commissioner a notice (a priority 1 notice) in accordance with subsection (3) within 24 hours of becoming aware of the reportable incident.

Note:          Notice about certain reportable incidents is not required to be given: see section 15NG.

             (2)  A priority 1 reportable incident is a reportable incident:

                     (a)  that has caused, or could reasonably have been expected to have caused, a residential care recipient physical or psychological injury or discomfort that requires medical or psychological treatment to resolve; or

                     (b)  where there are reasonable grounds to report the incident to police; or

                     (c)  of the kind covered by paragraph 54‑3(2)(d) or (h) of the Act (about unexpected death or unexplained absence).

Information to be included in notice

             (3)  Subject to subsection (4), the priority 1 notice must include the following information about the reportable incident:

                     (a)  the name and contact details of the approved provider;

                     (b)  a description of the reportable incident including:

                              (i)  the kind of reportable incident; and

                             (ii)  the harm that was caused, or that could reasonably have been expected to have been caused, to each person affected by the incident; and

                            (iii)  if known—the consequences of that harm;

                     (c)  the immediate actions taken in response to the reportable incident, including:

                              (i)  actions taken to ensure the safety, health and well‑being of the residential care recipients affected by the incident; and

                             (ii)  whether the incident has been reported to police or any other body;

                     (d)  any further actions proposed to be taken in response to the reportable incident;

                     (e)  the name, position and contact details of the person giving the notice;

                      (f)  if known—the time, date and place at which the reportable incident occurred or was alleged or suspected to have occurred;

                     (g)  the names of the persons directly involved in the reportable incident;

                     (h)  if known—the level of cognition of the residential care recipients directly involved in the reportable incident.

             (4)  The approved provider is not required to include information in the priority 1 notice if that information is not available within the 24 hours.

Additional information

             (5)  The approved provider must give the Quality and Safety Commissioner a notice including the following information about the reportable incident within 5 days after the start of the 24 hours, or within such other period as the Commissioner determines under subsection 95C(1) of the Quality and Safety Commission Rules:

                     (a)  any information required by subsection (3) not provided in the priority 1 notice;

                     (b)  any further information specified by the Commissioner under subsection 95C(1) of the Quality and Safety Commission Rules.

             (6)  However, the approved provider is not required to give a notice under subsection (5) if the Commissioner decides otherwise under subsection 95C(1) of the Quality and Safety Commission Rules.

Form of notices

             (7)  A notice given under this section must:

                     (a)  be in writing; and

                     (b)  be in the approved form.

Note:          The Quality and Safety Commissioner must approve forms for the purposes of this Division: see section 95F of the Quality and Safety Commission Rules.

15NF  Priority 2 notice must be given within 30 days

             (1)  If:

                     (a)  an approved provider becomes aware of a reportable incident; and

                     (b)  the provider has not given a notice under section 15NE about the incident;

the provider must give the Quality and Safety Commissioner a notice (a priority 2 notice) in accordance with subsection (2) within 30 days of becoming aware of the incident.

Note:          Notice about certain reportable incidents is not required to be given: see section 15NG.

             (2)  The priority 2 notice must include the following information about the reportable incident:

                     (a)  the name and contact details of the approved provider;

                     (b)  a description of the reportable incident including:

                              (i)  the kind of reportable incident; and

                             (ii)  the harm that was caused, or that could reasonably have been expected to have been caused, to each person affected by the incident; and

                            (iii)  if known—the consequences of that harm;

                     (c)  the actions taken in response to the reportable incident, including:

                              (i)  actions taken to ensure the safety, health and well‑being of the residential care recipients affected by the incident; and

                             (ii)  whether the incident has been reported to police or any other body;

                     (d)  any further actions proposed to be taken in response to the reportable incident;

                     (e)  the name, position and contact details of the person giving the notice;

                      (f)  if known—the time, date and place at which the reportable incident occurred or was alleged or suspected to have occurred;

                     (g)  the names of the persons directly involved in the reportable incident;

                     (h)  if known—the level of cognition of the residential care recipients directly involved in the reportable incident.

Additional information

             (3)  If under subsection 95C(2) of the Quality and Safety Commission Rules the Quality and Safety Commissioner requires the approved provider to give a notice including specified further information about the reportable incident within a specified period, the provider must give the Commissioner a notice including that information with the specified period.

Form of notices

             (4)  A notice given under this section must:

                     (a)  be in writing; and

                     (b)  be in the approved form.

Note:          The Quality and Safety Commissioner must approve forms for the purposes of this Division: see section 95F of the Quality and Safety Commission Rules.

Application

             (5)  This section applies to an incident that an approved provider becomes aware of on or after 1 October 2021.

15NG  Reporting not required in certain circumstances

                   Despite sections 15NE and 15NF, an approved provider is not required to give a notice to the Quality and Safety Commissioner about a reportable incident under those sections if the Commissioner has decided that the provider is not required to do so under section 95D of the Quality and Safety Commission Rules.

15NH  Significant new information must be notified

             (1)  An approved provider must notify the Quality and Safety Commissioner of significant new information relating to a reportable incident as soon as reasonably practicable after becoming aware of the information if:

                     (a)  the provider notifies the Commissioner of the reportable incident under section 15NE or 15NF; and

                     (b)  the provider later becomes aware of the significant new information.

             (2)  The notification must:

                     (a)  be in writing; and

                     (b)  be in the approved form.

Note:          The Quality and Safety Commissioner must approve forms for the purposes of this Division: see section 95F of the Quality and Safety Commission Rules.

15NI  Final report about reportable incident must be given if required

             (1)  If required by the Quality and Safety Commissioner under subsection 95E(1) of the Quality and Safety Commission Rules, an approved provider must give the Commissioner a final report about a reportable incident.

             (2)  The final report must be given:

                     (a)  within 84 days of the day a notice about the incident was first given to the Quality and Safety Commissioner under section 15NE or 15NF; or

                     (b)  within such other period as is specified by the Commissioner under subsection 95E(2) of the Quality and Safety Commission Rules.

             (3)  The final report must:

                     (a)  be in writing; and

                     (b)  be in the approved form; and

                     (c)  contain the information specified by the Quality and Safety Commissioner under subsection 95E(1) of the Quality and Safety Commission Rules.

Note:          The Quality and Safety Commissioner must approve forms for the purposes of this Division: see section 95F of the Quality and Safety Commission Rules.

 

Part 5Aged Care Quality Standards

  

16  Purpose of this Part

                   For the purposes of section 54‑2 of the Act, this Part provides for Aged Care Quality Standards. Aged Care Quality Standards are standards for quality of care and quality of life for the provision of aged care.

17  Aged Care Quality Standards

             (1)  Schedule 2 sets out the Aged Care Quality Standards.

             (2)  Each standard deals with a particular matter, and consists of the following:

                     (a)  a consumer outcome for the matter;

                     (b)  an organisation statement for the matter;

                     (c)  requirements for the matter.

18  Application of Aged Care Quality Standards

             (1)  The Aged Care Quality Standards apply to the following:

                     (a)  residential care;

                     (b)  home care;

                     (c)  flexible care in the form of short‑term restorative care.

             (2)  The Aged Care Quality Standards apply equally for the benefit of each care recipient being provided with care mentioned in subsection (1) through an aged care service, irrespective of the care recipient’s financial status, applicable fees and charges, amount of subsidy payable, agreements entered into, or any other matter.


Schedule 1Care and services for residential care services

Note 1:    See section 7.

Note 2:    The care and services specified in this Schedule must be provided in a way that complies with the Aged Care Quality Standards set out in Schedule 2 (see subsection 7(3)).

Part 1Hotel services—to be provided for all care recipients who need them

  

1  Hotel services—for all care recipients who need them

                   The following table specifies the hotel services that must be provided for all care recipients who need them.

 

Hotel services—to be provided for all care recipients who need them

Item

Column 1
Service

Column 2
Content

1.1

Administration

General operation of the residential care service, including documentation relating to care recipients.

1.2

Maintenance of buildings and grounds

Adequately maintained buildings and grounds.

1.3

Accommodation

Utilities such as electricity and water.

1.4

Furnishings

Bedside lockers, chairs with arms, containers for personal laundry, dining, lounge and recreational furnishings, draw‑screens (for shared rooms), wardrobe space and towel rails.

Excludes furnishings a care recipient chooses to provide.

1.5

Bedding

Beds and mattresses, bed linen, blankets, and absorbent or waterproof sheeting.

1.6

Cleaning services, goods and facilities

Cleanliness and tidiness of the entire residential care service.

Excludes a care recipient’s personal area if the care recipient chooses and is able to maintain this himself or herself.

1.7

Waste disposal

Safe disposal of organic and inorganic waste material.

1.8

General laundry

Heavy laundry facilities and services, and personal laundry services, including laundering of clothing that can be machine washed.

Excludes cleaning of clothing requiring dry cleaning or another special cleaning process, and personal laundry if a care recipient chooses and is able to do this himself or herself.

1.9

Toiletry goods

Bath towels, face washers, soap, toilet paper, tissues, toothpaste, toothbrushes, denture cleaning preparations, mouthwashes, moisturiser, shampoo, conditioner, shaving cream, disposable razors and deodorant.

1.10

Meals and refreshments

(a) Meals of adequate variety, quality and quantity for each care recipient, served each day at times generally acceptable to both care recipients and management, and generally consisting of 3 meals per day plus morning tea, afternoon tea and supper;

(b) Special dietary requirements, having regard to either medical need or religious or cultural observance;

(c) Food, including fruit of adequate variety, quality and quantity, and non‑alcoholic beverages, including fruit juice.

1.11

Care recipient social activities

Programs to encourage care recipients to take part in social activities that promote and protect their dignity, and to take part in community life outside the residential care service.

1.12

Emergency assistance

At least one responsible person is continuously on call and in reasonable proximity to render emergency assistance.

Part 2Care and services—to be provided for all care recipients who need them

  

2  Care and services—for all care recipients who need them

                   The following table specifies the care and services that must be provided for all care recipients who need them.

 

Care and services——to be provided for all care recipients who need them

Item

Column 1
Care or service

Column 2
Content

2.1

Daily living activities assistance

Personal assistance, including individual attention, individual supervision, and physical assistance, with the following:

(a) bathing, showering, personal hygiene and grooming;

(b) maintaining continence or managing incontinence, and using aids and appliances designed to assist continence management;

(c) eating and eating aids, and using eating utensils and eating aids (including actual feeding if necessary);

(d) dressing, undressing, and using dressing aids;

(e) moving, walking, wheelchair use, and using devices and appliances designed to aid mobility, including the fitting of artificial limbs and other personal mobility aids;

(f) communication, including to address difficulties arising from impaired hearing, sight or speech, or lack of common language (including fitting sensory communication aids), and checking hearing aid batteries and cleaning spectacles.

Excludes hairdressing.

2.2

Meals and refreshments

Special diet not normally provided.

2.3

Emotional support

Emotional support to, and supervision of, care recipients.

2.4

Treatments and procedures

Treatments and procedures that are carried out according to the instructions of a health professional or a person responsible for assessing a care recipient’s personal care needs, including supervision and physical assistance with taking medications, and ordering and reordering medications, subject to requirements of State or Territory law.

Includes bandages, dressings, swabs and saline.

2.5

Recreational therapy

Recreational activities suited to care recipients, participation in the activities, and communal recreational equipment.

2.6

Rehabilitation support

Individual therapy programs designed by health professionals that are aimed at maintaining or restoring a care recipient’s ability to perform daily tasks for himself or herself, or assisting care recipients to obtain access to such programs.

2.7

Assistance in obtaining health practitioner services

Arrangements for aural, community health, dental, medical, psychiatric and other health practitioners to visit care recipients, whether the arrangements are made by care recipients, relatives or other persons representing the interests of care recipients, or are made direct with a health practitioner.

2.8

Assistance in obtaining access to specialised therapy services

Making arrangements for speech therapists, podiatrists, occupational or physiotherapy practitioners to visit care recipients, whether the arrangements are made by care recipients, relatives or other persons representing the interests of care recipients.

2.9

Support for care recipients with cognitive impairment

Individual attention and support to care recipients with cognitive impairment (for example, dementia and behavioural disorders), including individual therapy activities and specific programs designed and carried out to prevent or manage a particular condition or behaviour and to enhance the quality of life and care for such care recipients and ongoing support (including specific encouragement) to motivate or enable such care recipients to take part in general activities of the residential care service.

Part 3Care and services—to be provided for all care recipients who need them—fees may apply

  

3  Care and services—for all care recipients who need them—fees may apply

                   The following table specifies the care and services that must be provided for all care recipients who need them.

Note:          A care recipient to whom subsection 7(6) applies must not be charged an additional fee for the provision of care or services specified in the following table (see subsection 7(5)).

 

Care and services—to be provided for all care recipients who need them

Item

Column 1
Care or service

Column 2
Content

3.1

Furnishings

Over‑bed tables.

3.2

Bedding materials

Bed rails, incontinence sheets, ripple mattresses, sheepskins, tri‑pillows, and water and air mattresses appropriate to each care recipient’s condition.

3.4

Goods to assist care recipients to move themselves

Crutches, quadruped walkers, walking frames, walking sticks, and wheelchairs.

Excludes motorised wheelchairs and custom made aids.

3.5

Goods to assist staff to move care recipients

Mechanical devices for lifting care recipients, stretchers, and trolleys.

3.6

Goods to assist with toileting and incontinence management

Absorbent aids, commode chairs, disposable bed pans and urinal covers, disposable pads, over‑toilet chairs, shower chairs and urodomes, catheter and urinary drainage appliances, and disposable enemas.

3.8

Nursing services

Initial assessment and care planning carried out by a nurse practitioner or registered nurse, and ongoing management and evaluation carried out by a nurse practitioner, registered nurse or enrolled nurse acting within their scope of practice.

Nursing services carried out by a nurse practitioner, registered nurse or enrolled nurse, or other professional appropriate to the service (for example, medical practitioner, stoma therapist, speech pathologist, physiotherapist or qualified practitioner from a palliative care team), acting within their scope of practice.

Services may include, but are not limited to, the following:

(a) establishment and supervision of a complex pain management or palliative care program, including monitoring and managing any side effects;

(b) insertion, care and maintenance of tubes, including intravenous and naso‑gastric tubes;

(c) establishing and reviewing a catheter care program, including the insertion, removal and replacement of catheters;

(d) establishing and reviewing a stoma care program;

(e) complex wound management;

(f) insertion of suppositories;

(g) risk management procedures relating to acute or chronic infectious conditions;

(h) special feeding for care recipients with dysphagia (difficulty with swallowing);

(i) suctioning of airways;

(j) tracheostomy care;

(k) enema administration;

(l) oxygen therapy requiring ongoing supervision because of a care recipient’s variable need;

(m) dialysis treatment.

3.11

Therapy services, such as, recreational, speech therapy, podiatry, occupational, and physiotherapy services

(a) Maintenance therapy delivered by health professionals, or care staff as directed by health professionals, designed to maintain care recipients’ levels of independence in activities of daily living;

(b) More intensive therapy delivered by health professionals, or care staff as directed by health professionals, on a temporary basis that is designed to allow care recipients to reach a level of independence at which maintenance therapy will meet their needs.

Excludes intensive, long‑term rehabilitation services required following, for example, serious illness or injury, surgery or trauma.

Schedule 2Aged Care Quality Standards

Note:       See section 17.

  

  

1  Standard 1—consumer dignity and choice

Consumer outcome

             (1)  I am treated with dignity and respect, and can maintain my identity. I can make informed choices about my care and services, and live the life I choose.

Organisation statement

             (2)  The organisation:

                     (a)  has a culture of inclusion and respect for consumers; and

                     (b)  supports consumers to exercise choice and independence; and

                     (c)  respects consumers’ privacy.

Requirements

             (3)  The organisation demonstrates the following:

                     (a)  each consumer is treated with dignity and respect, with their identity, culture and diversity valued;

                     (b)  care and services are culturally safe;

                     (c)  each consumer is supported to exercise choice and independence, including to:

                              (i)  make decisions about their own care and the way care and services are delivered; and

                             (ii)  make decisions about when family, friends, carers or others should be involved in their care; and

                            (iii)  communicate their decisions; and

                            (iv)  make connections with others and maintain relationships of choice, including intimate relationships;

                     (d)  each consumer is supported to take risks to enable them to live the best life they can;

                     (e)  information provided to each consumer is current, accurate and timely, and communicated in a way that is clear, easy to understand and enables them to exercise choice;

                      (f)  each consumer’s privacy is respected and personal information is kept confidential.

2  Standard 2—ongoing assessment and planning with consumers

Consumer outcome

             (1)  I am a partner in ongoing assessment and planning that helps me get the care and services I need for my health and well‑being.

Organisation statement

             (2)  The organisation undertakes initial and ongoing assessment and planning for care and services in partnership with the consumer. Assessment and planning has a focus on optimising health and well‑being in accordance with the consumer’s needs, goals and preferences.

Requirements

             (3)  The organisation demonstrates the following:

                     (a)  assessment and planning, including consideration of risks to the consumer’s health and well‑being, informs the delivery of safe and effective care and services;

                     (b)  assessment and planning identifies and addresses the consumer’s current needs, goals and preferences, including advance care planning and end of life planning if the consumer wishes;

                     (c)  assessment and planning:

                              (i)  is based on ongoing partnership with the consumer and others that the consumer wishes to involve in assessment, planning and review of the consumer’s care and services; and

                             (ii)  includes other organisations, and individuals and providers of other care and services, that are involved in the care of the consumer;

                     (d)  the outcomes of assessment and planning are effectively communicated to the consumer and documented in a care and services plan that is readily available to the consumer, and where care and services are provided;

                     (e)  care and services are reviewed regularly for effectiveness, and when circumstances change or when incidents impact on the needs, goals or preferences of the consumer.

3  Standard 3—personal care and clinical care

Consumer outcome

             (1)  I get personal care, clinical care, or both personal care and clinical care, that is safe and right for me.

Organisation statement

             (2)  The organisation delivers safe and effective personal care, clinical care, or both personal care and clinical care, in accordance with the consumer’s needs, goals and preferences to optimise health and well‑being.

Requirements

             (3)  The organisation demonstrates the following:

                     (a)  each consumer gets safe and effective personal care, clinical care, or both personal care and clinical care, that:

                              (i)  is best practice; and

                             (ii)  is tailored to their needs; and

                            (iii)  optimises their health and well‑being;

                     (b)  effective management of high‑impact or high‑prevalence risks associated with the care of each consumer;

                     (c)  the needs, goals and preferences of consumers nearing the end of life are recognised and addressed, their comfort maximised and their dignity preserved;

                     (d)  deterioration or change of a consumer’s mental health, cognitive or physical function, capacity or condition is recognised and responded to in a timely manner;

                     (e)  information about the consumer’s condition, needs and preferences is documented and communicated within the organisation, and with others where responsibility for care is shared;

                      (f)  timely and appropriate referrals to individuals, other organisations and providers of other care and services;

                     (g)  minimisation of infection‑related risks through implementing:

                              (i)  standard and transmission‑based precautions to prevent and control infection; and

                             (ii)  practices to promote appropriate antibiotic prescribing and use to support optimal care and reduce the risk of increasing resistance to antibiotics.

4  Standard 4—services and supports for daily living

Consumer outcome

             (1)  I get the services and supports for daily living that are important for my health and well‑being and that enable me to do the things I want to do.

Organisation statement

             (2)  The organisation provides safe and effective services and supports for daily living that optimise the consumer’s independence, health, well‑being and quality of life.

Requirements

             (3)  The organisation demonstrates the following:

                     (a)  each consumer gets safe and effective services and supports for daily living that meet the consumer’s needs, goals and preferences and optimise their independence, health, well‑being and quality of life;

                     (b)  services and supports for daily living promote each consumer’s emotional, spiritual and psychological well‑being;

                     (c)  services and supports for daily living assist each consumer to:

                              (i)  participate in their community within and outside the organisation’s service environment; and

                             (ii)  have social and personal relationships; and

                            (iii)  do the things of interest to them;

                     (d)  information about the consumer’s condition, needs and preferences is communicated within the organisation, and with others where responsibility for care is shared;

                     (e)  timely and appropriate referrals to individuals, other organisations and providers of other care and services;

                      (f)  where meals are provided, they are varied and of suitable quality and quantity;

                     (g)  where equipment is provided, it is safe, suitable, clean and well maintained.

Meaning of services and supports for daily living

             (4)  Services and supports for daily living include, but are not limited to, food services, domestic assistance, home maintenance, transport and recreational and social activities.

5  Standard 5—organisation’s service environment

Consumer outcome

             (1)  I feel I belong and I am safe and comfortable in the organisation’s service environment.

Organisation statement

             (2)  The organisation provides a safe and comfortable service environment that promotes the consumer’s independence, function and enjoyment.

Requirements

             (3)  The organisation demonstrates the following:

                     (a)  the service environment is welcoming and easy to understand, and optimises each consumer’s sense of belonging, independence, interaction and function;

                     (b)  the service environment:

                              (i)  is safe, clean, well maintained and comfortable; and

                             (ii)  enables consumers to move freely, both indoors and outdoors;

                     (c)  furniture, fittings and equipment are safe, clean, well maintained and suitable for the consumer.

Meaning of service environment

             (4)  An organisation’s service environment means the physical environment through which care and services are delivered, but does not include an individual’s privately owned or occupied home at which in‑home services are provided.

6  Standard 6—feedback and complaints

Consumer outcome

             (1)  I feel safe and am encouraged and supported to give feedback and make complaints. I am engaged in processes to address my feedback and complaints, and appropriate action is taken.

Organisation statement

             (2)  The organisation regularly seeks input and feedback from consumers, carers, the workforce and others and uses the input and feedback to inform continuous improvements for individual consumers and the whole organisation.

Requirements

             (3)  The organisation demonstrates the following:

                     (a)  consumers, their family, friends, carers and others are encouraged and supported to provide feedback and make complaints;

                     (b)  consumers are made aware of and have access to advocates, language services and other methods for raising and resolving complaints;

                     (c)  appropriate action is taken in response to complaints and an open disclosure process is used when things go wrong;

                     (d)  feedback and complaints are reviewed and used to improve the quality of care and services.

7  Standard 7—human resources

Consumer outcome

             (1)  I get quality care and services when I need them from people who are knowledgeable, capable and caring.

Organisation statement

             (2)  The organisation has a workforce that is sufficient, and is skilled and qualified, to provide safe, respectful and quality care and services.

Requirements

             (3)  The organisation demonstrates the following:

                     (a)  the workforce is planned to enable, and the number and mix of members of the workforce deployed enables, the delivery and management of safe and quality care and services;

                     (b)  workforce interactions with consumers are kind, caring and respectful of each consumer’s identity, culture and diversity;

                     (c)  the workforce is competent and the members of the workforce have the qualifications and knowledge to effectively perform their roles;

                     (d)  the workforce is recruited, trained, equipped and supported to deliver the outcomes required by these standards;

                     (e)  regular assessment, monitoring and review of the performance of each member of the workforce.

8  Standard 8—organisational governance

Consumer outcome

             (1)  I am confident the organisation is well run. I can partner in improving the delivery of care and services.

Organisation statement

             (2)  The organisation’s governing body is accountable for the delivery of safe and quality care and services.

Requirements

             (3)  The organisation demonstrates the following:

                     (a)  consumers are engaged in the development, delivery and evaluation of care and services and are supported in that engagement;

                     (b)  the organisation’s governing body promotes a culture of safe, inclusive and quality care and services and is accountable for their delivery;

                     (c)  effective organisation wide governance systems relating to the following:

                              (i)  information management;

                             (ii)  continuous improvement;

                            (iii)  financial governance;

                            (iv)  workforce governance, including the assignment of clear responsibilities and accountabilities;

                             (v)  regulatory compliance;

                            (vi)  feedback and complaints;

                     (d)  effective risk management systems and practices, including but not limited to the following:

                              (i)  managing high impact or high prevalence risks associated with the care of consumers;

                             (ii)  identifying and responding to abuse and neglect of consumers;

                            (iii)  supporting consumers to live the best life they can;

                            (iv)  managing and preventing incidents, including the use of an incident management system;

                     (e)  where clinical care is provided—a clinical governance framework, including but not limited to the following:

                              (i)  antimicrobial stewardship;

                             (ii)  minimising the use of restraint;

                            (iii)  open disclosure.

Schedule 3Care and services for home care services

Note 1:    See section 13.

Note 2:    The care and services specified in this Schedule must be provided in a way that complies with the Aged Care Quality Standards set out in Schedule 2 (see subsection 13(5)).

Part 1Care and services

  

1  Care services

                   The following table specifies the care services that an approved provider of a home care service may provide.

 

Care services

Item

Column 1
Service

Column 2
Content

1

Personal services

Personal assistance, including individual attention, individual supervision and physical assistance, with:

(a) bathing, showering including providing shower chairs if necessary, personal hygiene and grooming, dressing and undressing, and using dressing aids; and

(b) toileting; and

(c) dressing and undressing; and

(d) mobility; and

(e) transfer (including in and out of bed).

2

Activities of daily living

Personal assistance, including individual attention, individual supervision and physical assistance, with communication including assistance to address difficulties arising from impaired hearing, sight or speech, or lack of common language, assistance with the fitting of sensory communication aids, checking hearing aid batteries, cleaning spectacles and assistance in using the telephone.

3

Nutrition, hydration, meal preparation and diet

Includes:

(a) assistance with preparing meals; and

(b) assistance with special diet for health, religious, cultural or other reasons; and

(c) assistance with using eating utensils and eating aids and assistance with actual feeding, if necessary; and

(d) providing enteral feeding formula and equipment.

4

Management of skin integrity

Includes providing bandages, dressings, and skin emollients.

5

Continence management

Includes:

(a) assessment for and, if required, providing disposable pads and absorbent aids, commode chairs, bedpans and urinals, catheter and urinary drainage appliances and enemas; and

(b) assistance in using continence aids and appliances and managing continence.

6

Mobility and dexterity

Includes:

(a) providing crutches, quadruped walkers, walking frames, walking sticks and wheelchairs; and

(b) providing mechanical devices for lifting, bed rails, slide sheets, sheepskins, tri‑pillows, and pressure relieving mattresses; and

(c) assistance in using the above aids.

2  Support services

                   The following table specifies the support services that an approved provider of a home care service may provide.

 

Support services

Item

Column 1
Service

Column 2
Content

1

Support services

Includes:

(a) cleaning; and

(b) personal laundry services, including laundering of care recipient’s clothing and bedding that can be machine‑washed, and ironing; and

(c) arranging for dry‑cleaning of care recipient’s clothing and bedding that cannot be machine‑washed; and

(d) gardening; and

(e) medication management; and

(f) rehabilitative support, or helping to access rehabilitative support, to meet a professionally determined therapeutic need; and

(g) emotional support including ongoing support in adjusting to a lifestyle involving increased dependency and assistance for the care recipient and carer, if appropriate; and

(h) support for care recipients with cognitive impairment, including individual therapy, activities and access to specific programs designed to prevent or manage a particular condition or behaviour, enhance quality of life and provide ongoing support; and

(i) providing 24‑hour on‑call access to emergency assistance including access to an emergency call system if the care recipient is assessed as requiring it; and

(j) transport and personal assistance to help the care recipient shop, visit health practitioners or attend social activities; and

(k) respite care; and

(l) home maintenance, reasonably required to maintain the home and garden in a condition of functional safety and provide an adequate level of security; and

(m) modifications to the home, such as easy access taps, shower hose or bath rails; and

(n) assisting the care recipient, and the homeowner if the home owner is not the care recipient, to access technical advice on major home modifications; and

(o) advising the care recipient on areas of concern in their home that pose safety risks and ways to mitigate the risks; and

(p) arranging social activities and providing or coordinating transport to social functions, entertainment activities and other out‑of‑home services; and

(q) assistance to access support services to maintain personal affairs.

2

Leisure, interests and activities

Includes encouragement to take part in social and community activities that promote and protect the care recipient’s lifestyle, interests and wellbeing.

3

Care management

Includes reviewing the care recipient’s home care agreement and care plan, coordinating and scheduling care and services, ensuring care and services are aligned with other supports, liaising with the care recipient and the care recipient’s representatives, ensuring that care and services are culturally appropriate, and identifying and addressing risks to the care recipient’s safety.

 

3  Clinical services

                   The following table specifies the clinical services that an approved provider of a home care service may provide.

 

Clinical services

Item

Column 1
Service

Column 2
Content

1

Clinical care

Includes:

(a) nursing, allied health and therapy services such as speech therapy, podiatry, occupational or physiotherapy services; and

(b) other clinical services such as hearing and vision services.

2

Access to other health and related services

Includes referral to health practitioners or other related service providers.

 

Part 2Excluded items

  

4  Items that must not be included in package of care and services

                   The following table specifies the items that must not be included in the package of care and services provided under section 13.

 

Excluded items

Item

Column 1

Column 2

1

Excluded items

The following items must not be included in the package of care and services provided under section 13:

(a) use of the package funds as a source of general income for the care recipient;

(b) purchase of food, except as part of enteral feeding requirements;

(c) payment for permanent accommodation, including assistance with home purchase, mortgage payments or rent;

(d) payment of home care fees;

(e) payment of fees or charges for other types of care funded or jointly funded by the Australian Government;

(f) home modifications or capital items that are not related to the care recipient’s care needs;

(g) travel and accommodation for holidays;

(h) cost of entertainment activities, such as club memberships and tickets to sporting events;

(i) gambling activities;

(j) payment for services and items covered by the Medicare Benefits Schedule or the Pharmaceutical Benefits Scheme.

 

Schedule 5Care and services for short‑term restorative care

Note 1:    See sections 15B and 15C.

Note 2:    The care and services specified in this Schedule must be provided in a way that complies with the Aged Care Quality Standards set out in Schedule 2 (see sections 15E and 15F).

Part 1Care and services that may be provided in a residential care setting

Division 1Hotel services—to be provided for all care recipients who need them

1  Hotel services—for all care recipients who need them

                   The following table specifies the hotel services that an approved provider of short‑term restorative care must provide for all care recipients who need them, if the short‑term restorative care is provided in a residential care setting.

 

Hotel services—to be provided for all care recipients who need them

Item

Column 1
Service

Column 2
Content

1.1

Administration

General operation of the flexible care service, including documentation relating to care recipients.

1.2

Maintenance of buildings and grounds

Adequately maintained buildings and grounds.

1.3

Accommodation

Utilities such as electricity and water.

1.4

Furnishings

Bedside lockers, chairs with arms, containers for personal laundry, dining, lounge and recreational furnishings, draw‑screens (for shared rooms), wardrobe space and towel rails.

Excludes furnishings a care recipient chooses to provide.

1.5

Bedding

Beds and mattresses, bed linen, blankets, and absorbent or waterproof sheeting.

1.6

Cleaning services, goods and facilities

Cleanliness and tidiness of the entire flexible care service.

Excludes a care recipient’s personal area if the care recipient chooses and is able to maintain this himself or herself.

1.7

Waste disposal

Safe disposal of organic and inorganic waste material.

1.8

General laundry

Heavy laundry facilities and services, and personal laundry services, including laundering of clothing that can be machine washed.

Excludes cleaning of clothing requiring dry cleaning or another special cleaning process, and personal laundry if a care recipient chooses and is able to do this himself or herself.

1.9

Toiletry goods

Bath towels, face washers, soap, toilet paper, tissues, toothpaste, toothbrushes, denture cleaning preparations, mouthwashes, moisturiser, shampoo, conditioner, shaving cream, disposable razors and deodorant.

1.10

Meals and refreshments

(a) Meals of adequate variety, quality and quantity for each care recipient, served each day at times generally acceptable to both care recipients and management, and generally consisting of 3 meals per day plus morning tea, afternoon tea and supper;

(b) Special dietary requirements, having regard to either medical need or religious or cultural observance;

(c) Food, including fruit of adequate variety, quality and quantity, and non‑alcoholic beverages, including fruit juice.

1.11

Care recipient social activities

Programs to encourage care recipients to take part in social activities that promote and protect their dignity, and to take part in community life outside the flexible care service.

1.12

Emergency assistance

At least one responsible person is continuously on call and in reasonable proximity to render emergency assistance.

Division 2Care and services—to be provided for all care recipients who need them

2  Care and services—for all care recipients who need them

                   The following table specifies the care and services that an approved provider of short‑term restorative care must provide for all care recipients who need them, if the short‑term restorative care is provided in a residential care setting.

 

Care and services——to be provided for all care recipients who need them

Item

Column 1
Care or service

Column 2
Content

2.1

Daily living activities assistance

Personal assistance, including individual attention, individual supervision, and physical assistance, with the following:

(a) bathing, showering, personal hygiene and grooming;

(b) maintaining continence or managing incontinence, and using aids and appliances designed to assist continence management;

(c) eating and eating aids, and using eating utensils and eating aids (including actual feeding if necessary);

(d) dressing, undressing, and using dressing aids;

(e) moving, walking, wheelchair use, and using devices and appliances designed to aid mobility, including the fitting of artificial limbs and other personal mobility aids;

(f) communication, including to address difficulties arising from impaired hearing, sight or speech, or lack of common language (including fitting sensory communication aids), and checking hearing aid batteries and cleaning spectacles.

Excludes hairdressing.

2.2

Meals and refreshments

Special diet not normally provided.

2.3

Emotional support

Emotional support to, and supervision of, care recipients.

2.4

Treatments and procedures

Treatments and procedures that are carried out according to the instructions of a health professional or a person responsible for assessing a care recipient’s personal care needs, including supervision and physical assistance with taking medications, and ordering and reordering medications, subject to requirements of State or Territory law.

Includes bandages, dressings, swabs and saline.

2.5

Recreational therapy

Recreational activities suited to care recipients, participation in the activities, and communal recreational equipment.

2.6

Rehabilitation support

Individual therapy programs designed by health professionals that are aimed at maintaining or restoring a care recipient’s ability to perform daily tasks for himself or herself, or assisting care recipients to obtain access to such programs.

2.7

Assistance in obtaining health practitioner services

Arrangements for aural, community health, dental, medical, psychiatric and other health practitioners to visit care recipients, whether the arrangements are made by care recipients, relatives or other persons representing the interests of care recipients, or are made direct with a health practitioner.

2.8

Assistance in obtaining access to specialised therapy services

Making arrangements for speech therapists, podiatrists, occupational or physiotherapy practitioners to visit care recipients, whether the arrangements are made by care recipients, relatives or other persons representing the interests of care recipients.

2.9

Support for care recipients with cognitive impairment

Individual attention and support to care recipients with cognitive impairment (for example, dementia and behavioural disorders), including individual therapy activities and specific programs designed and carried out to prevent or manage a particular condition or behaviour and to enhance the quality of life and care for such care recipients and ongoing support (including specific encouragement) to motivate or enable such care recipients to take part in general activities of the residential care service.

Division 3Care and services—to be provided for all care recipients who need them—fees may apply

3  Care and services—for all care recipients who need them—fees may apply

                   The following table specifies the care and services that an approved provider of short‑term restorative care must provide for all care recipients who need them, if the short‑term restorative care is provided in a residential care setting.

 

Care and services—to be provided for all care recipients who need them

Item

Column 1
Care or service

Column 2
Content

3.1

Furnishings

Over‑bed tables.

3.2

Bedding materials

Bed rails, incontinence sheets, ripple mattresses, sheepskins, tri‑pillows, and water and air mattresses appropriate to each care recipient’s condition.

3.3

Goods to assist care recipients to move themselves

Crutches, quadruped walkers, walking frames, walking sticks, and wheelchairs.

Excludes motorised wheelchairs and custom made aids.

3.4

Goods to assist staff to move care recipients

Mechanical devices for lifting care recipients, stretchers, and trolleys.

3.5

Goods to assist with toileting and incontinence management

Absorbent aids, commode chairs, disposable bed pans and urinal covers, disposable pads, over‑toilet chairs, shower chairs and urodomes, catheter and urinary drainage appliances, and disposable enemas.

3.6

Nursing services

Initial assessment and care planning carried out by a nurse practitioner or registered nurse, and ongoing management and evaluation carried out by a nurse practitioner, registered nurse or enrolled nurse acting within their scope of practice.

Nursing services carried out by a nurse practitioner, registered nurse or enrolled nurse, or other professional appropriate to the service (for example, medical practitioner, stoma therapist, speech pathologist, physiotherapist or qualified practitioner from a palliative care team), acting within their scope of practice.

Services may include, but are not limited to, the following:

(a) establishment and supervision of a complex pain management or palliative care program, including monitoring and managing any side effects;

(b) insertion, care and maintenance of tubes, including intravenous and naso‑gastric tubes;

(c) establishing and reviewing a catheter care program, including the insertion, removal and replacement of catheters;

(d) establishing and reviewing a stoma care program;

(e) complex wound management;

(f) insertion of suppositories;

(g) risk management procedures relating to acute or chronic infectious conditions;

(h) special feeding for care recipients with dysphagia (difficulty with swallowing);

(i) suctioning of airways;

(j) tracheostomy care;

(k) enema administration;

(l) oxygen therapy requiring ongoing supervision because of a care recipient’s variable need;

(m) dialysis treatment.

3.7

Therapy services, such as, recreational, speech therapy, podiatry, occupational, and physiotherapy services

(a) Maintenance therapy delivered by health professionals, or care staff as directed by health professionals, designed to maintain care recipients’ levels of independence in activities of daily living;

(b) More intensive therapy delivered by health professionals, or care staff as directed by health professionals, on a temporary basis that is designed to allow care recipients to reach a level of independence at which maintenance therapy will meet their needs.

Excludes intensive, long‑term rehabilitation services required following, for example, serious illness or injury, surgery or trauma.

 

Part 2Care and services that may be provided in a home care setting

Division 1Care and services that may be provided

4  Care services

                   The following table specifies the care services that an approved provider of short‑term restorative care may provide if the care is provided in a home care setting.

 

Care services

Item

Column 1
Service

Column 2
Content

4.1

Personal services

Personal assistance, including individual attention, individual supervision and physical assistance, with:

(a) bathing, showering including providing shower chairs if necessary, personal hygiene and grooming, dressing and undressing, and using dressing aids; and

(b) toileting; and

(c) dressing and undressing; and

(d) mobility; and

(e) transfer (including in and out of bed).

4.2

Activities of daily living

Personal assistance, including individual attention, individual supervision and physical assistance, with communication including assistance to address difficulties arising from impaired hearing, sight or speech, or lack of common language, assistance with the fitting of sensory communication aids, checking hearing aid batteries, cleaning spectacles and assistance in using the telephone.

4.3

Nutrition, hydration, meal preparation and diet

Includes:

(a) assistance with preparing meals; and

(b) assistance with special diet for health, religious, cultural or other reasons; and

(c) assistance with using eating utensils and eating aids and assistance with actual feeding, if necessary; and

(d) providing enteral feeding formula and equipment.

4.4

Management of skin integrity

Includes providing bandages, dressings, and skin emollients.

4.5

Continence management

Includes:

(a) assessment for and, if required, providing disposable pads and absorbent aids, commode chairs, bedpans and urinals, catheter and urinary drainage appliances and enemas; and

(b) assistance in using continence aids and appliances and managing continence.

4.6

Mobility and dexterity

Includes:

(a) providing crutches, quadruped walkers, walking frames, walking sticks and wheelchairs; and

(b) providing mechanical devices for lifting, bed rails, slide sheets, sheepskins, tri‑pillows, and pressure relieving mattresses; and

(c) assistance in using the above aids.

5  Support services

                   The following table specifies the support services that an approved provider of short‑term restorative care may provide if the care is provided in a home care setting.

 

Support services

Item

Column 1
Service

Column 2
Content

5.1

Support services

Includes:

(a) cleaning; and

(b) personal laundry services, including laundering of care recipient’s clothing and bedding that can be machine‑washed, and ironing; and

(c) arranging for dry‑cleaning of care recipient’s clothing and bedding that cannot be machine‑washed; and

(d) gardening; and

(e) medication management; and

(f) rehabilitative support, or helping to access rehabilitative support, to meet a professionally determined therapeutic need; and

(g) emotional support including ongoing support in adjusting to a lifestyle involving increased dependency and assistance for the care recipient and carer, if appropriate; and

(h) support for care recipients with cognitive impairment, including individual therapy, activities and access to specific programs designed to prevent or manage a particular condition or behaviour, enhance quality of life and provide ongoing support; and

(i) providing 24‑hour on‑call access to emergency assistance including access to an emergency call system if the care recipient is assessed as requiring it; and

(j) transport and personal assistance to help the care recipient shop, visit health practitioners or attend social activities; and

(k) respite care; and

(l) home maintenance, reasonably required to maintain the home and garden in a condition of functional safety and provide an adequate level of security; and

(m) modifications to the home, such as easy access taps, shower hose or bath rails; and

(n) assisting the care recipient, and the homeowner if the home owner is not the care recipient, to access technical advice on major home modifications; and

(o) advising the care recipient on areas of concern in their home that pose safety risks and ways to mitigate the risks; and

(p) arranging social activities and providing or coordinating transport to social functions, entertainment activities and other out‑of‑home services; and

(q) assistance to access support services to maintain personal affairs.

5.2

Leisure, interests and activities

Includes encouragement to take part in social and community activities that promote and protect the care recipient’s lifestyle, interests and wellbeing.

 

6  Clinical services

                   The following table specifies the clinical services that an approved provider of short‑term restorative care may provide if the care is provided in a home care setting.

 

Clinical services

Item

Column 1
Service

Column 2
Content

6.1

Clinical care

Includes:

(a) nursing, allied health and therapy services such as speech therapy, podiatry, occupational or physiotherapy services; and

(b) other clinical services such as hearing and vision services.

6.2

Access to other health and related services

Includes referral to health practitioners or other related service providers.

 

Division 2Excluded care and services

7  Items that must not be included in package of care and services

                   The following table specifies the items that must not be included in the package of care and services provided under section 15C.

 

Excluded items

Item

Column 1

Column 2

7.1

Excluded items

The following items must not be included in the package of care and services provided under section 15C:

(a) use of the package funds as a source of general income for the care recipient;

(b) purchase of food, except as part of enteral feeding requirements;

(c) payment for permanent accommodation, including assistance with home purchase, mortgage payments or rent;

(d) payment of flexible care fees;

(e) payment of fees or charges for other types of care funded or jointly funded by the Australian Government;

(f) home modifications or capital items that are not related to the care recipient’s care needs;

(g) travel and accommodation for holidays;

(h) cost of entertainment activities, such as club memberships and tickets to sporting events;

(i) gambling activities;

(j) payment for services and items covered by the Medicare Benefits Schedule or the Pharmaceutical Benefits Scheme.

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Quality of Care Principles 2014

26 June 2014 (F2014L00830)

1 July 2014 (s 2)

 

Quality of Care Amendment Principle 2014 (No. 1)

8 Jan 2015 (F2015L00021)

9 Jan 2015 (s 2)

Aged Care Legislation Amendment (Short‑term Restorative Care) Principles 2016

5 May 2016 (F2016L00670)

6 May 2016 (s 2(1) item 1)

Aged Care Legislation Amendment (Influenza Vaccination in Residential Care) Principles 2018

30 Apr 2018 (F2018L00545)

Sch 1 (items 1–4): 1 May 2018 (s 2(1) item 1)

Quality of Care Amendment (Single Quality Framework) Principles 2018

10 Oct 2018 (F2018L01412)

1 July 2019 (s 2(1) item 1)

Aged Care Quality and Safety Commission (Consequential Amendments) Rules 2018

24 Dec 2018 (F2018L01840)

Sch 1 (items 7, 8): 1 Jan 2019 (s 2(1) item 1)

Aged Care Legislation Amendment (Comparability of Home Care Pricing Information) Principles 2019

14 Mar 2019 (F2019L00288)

Sch 1 (item 2): 15 Mar 2019 (s 2(1) item 2)

Quality of Care Amendment (Minimising the Use of Restraints) Principles 2019

2 Apr 2019 (F2019L00511)

1 July 2019 (s 2(1) item 1)

Quality of Care Amendment (Reviewing Restraints Principles) Principles 2019

25 Nov 2019 (F2019L01505)

29 Nov 2019 (s 2(1) item 1)

Aged Care Legislation Amendment (Serious Incident Reponse Scheme) Instrument 2021

9 Mar 2021 (F2021L00222)

Sch 1 (items 1, 2, 10, 11): 1 Apr 2021 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.............................................

rep LIA s 48D

s 4.............................................

am F2016L00670; F2018L00545; F2018L01412; F2018L01840; F2019L00511; F2021L00222

 

def approved health practitioner rep 1 July 2021 (s 15J(2))

 

def chemical restraint rep 1 July 2021 (s 15J(2))

 

def physical restraint rep 1 July 2021 (s 15J(2))

 

def restraint rep 1 July 2021 (s 15J(2))

s 4A..........................................

ad F2018L01412

s 5.............................................

rs F2018L01412

Part 2

 

Division 1 heading....................

rep F2018L01412

s 6.............................................

am F2018L01412

s 7.............................................

am F2018L01412

s 8.............................................

rep F2015L00021

 

ad F2018L00545

Division 2.................................

rep F2018L01412

s 9.............................................

rep F2018L01412

s 10...........................................

rep F2018L01412

s 11...........................................

rep F2018L01412

Part 3

 

Division 1 heading....................

rep F2018L01412

s 12...........................................

am F2018L01412

s 13...........................................

am F2018L01412

Division 2.................................

rep F2018L01412

s 14...........................................

rep F2018L01412

s 15...........................................

rep F2018L01412

Part 4

 

Part 4........................................

ad F2016L00670

Division 1 heading....................

rep F2018L01412

s 15A........................................

ad F2016L00670

 

rs F2018L00545

 

am F2018L01412

s 15B........................................

ad F2016L00670

 

am F2018L01412

s 15BA......................................

ad F2018L00545

s 15C........................................

ad F2016L00670

 

am F2018L01412

Division 2.................................

rep F2018L01412

Part 4A

 

Part 4A heading.........................

rs F2019L01505

Part 4A......................................

ad F2019L00511

 

rep 1 July 2021 (s 15J(1))

s 15D........................................

ad F2016L00670

 

rep F2018L01412

 

ad F2019L00511

 

rep 1 July 2021 (s 15J(1))

s 15E........................................

ad F2016L00670

 

rep F2018L01412

 

ad F2019L00511

 

rep 1 July 2021 (s 15J(1))

s 15F.........................................

ad F2016L00670

 

rep F2018L01412

 

ad F2019L00511

 

am F2019L01505

 

rep 1 July 2021 (s 15J(1))

s 15G........................................

ad F2019L00511

 

am F2019L01505

 

rep 1 July 2021 (s 15J(1))

s 15H........................................

ad F2019L01505

 

rep 1 July 2021 (s 15J(1))

s 15J.........................................

ad F2019L01505

 

rep 1 July 2021 (s 15J(1))

Part 4B

 

Part 4B......................................

ad F202100222

s 15K........................................

ad F202100222

s 15L........................................

ad F202100222

s 15LA......................................

ad F202100222

s 15LB......................................

ad F202100222

s 15M.......................................

ad F202100222

s 15MA.....................................

ad F202100222

s 15MB.....................................

ad F202100222

s 15MC.....................................

ad F202100222

s 15MD.....................................

ad F202100222

s 15N........................................

ad F202100222

s 15NA.....................................

ad F202100222

s 15NB......................................

ad F202100222

s 15NC......................................

ad F202100222

s 15ND.....................................

ad F202100222

s 15NE......................................

ad F202100222

s 15NF......................................

ad F202100222

s 15NG.....................................

ad F202100222

s 15NH.....................................

ad F202100222

s 15NI.......................................

ad F202100222

Part 5

 

Part 5........................................

ad F2018L01412

s 16...........................................

ad F2018L01412

s 17...........................................

ad F2018L01412

s 18...........................................

ad F2018L01412

Schedule 1

 

Schedule 1................................

am F2018L01412

Schedule 2

 

Schedule 2................................

rs F2018L01412

c 1.............................................

rs F2018L01412

c 2.............................................

rs F2018L01412

c 3.............................................

rs F2018L01412

c 4.............................................

rs F2018L01412

c 5.............................................

ad F2018L01412

c 6.............................................

ad F2018L01412

c 7.............................................

ad F2018L01412

c 8.............................................

ad F2018L01412

am F2021L00222

Schedule 3

 

Schedule 3................................

am F2018L01412

c 2.............................................

am F2019L00288

Schedule 4................................

rep F2018L01412

c 1.............................................

rep F2018L01412

c 2.............................................

rep F2018L01412

c 3.............................................

rep F2018L01412

Schedule 5

 

Schedule 5................................

ad F2016L00670

 

am F2018L01412