Monday, 21 January 2019

Australian Royal Commission into Aged Care Quality and Safety now underway


Commencing in 2016-17 when Australian Prime Minister and Liberal MP for Cook Scott Morrison was then just the Federal Treasurer he cut $472.4 million from Aged Care funding over four years, then followed that up with a $1.2 billion cut over the same time span.

When deteriorating conditions in nursing homes around the country began to be reported in the media and the Oakden scandal came to light in 2017, concerned citizens began to call for a royal commission.

The Liberal Minister for Aged Care and Liberal MP for Hasluck Ken Wyatt was of the opinion that such an inquiry would be “a waste of time and money”.

Once Scott Morrison realised that ABC Four Corners was about to air an exposé on aged care provision he quickly changed his mind and announced the Royal Commission into Aged Care Quality and Safety on 16 September 2018.


The Royal Commission into Aged Care Quality and Safety was established on 8 October 2018 by the Governor-General of the Commonwealth of Australia, His Excellency General the Honourable Sir Peter Cosgrove AK MC (Retd).

The Honourable Richard Tracey AM RFD QC and Ms Lynelle Briggs AO have been appointed as Royal Commissioners…

The Commissioners are required to provide an interim report by 31 October 2019, and a final report by 30 April 2020…
The Commissioners were appointed to be a Commission of inquiry, and required and authorised to inquire into the following matters:
a.    the quality of aged care services provided to Australians, the extent to which those services meet the needs of the people accessing them, the extent of substandard care being provided, including mistreatment and all forms of abuse, the causes of any systemic failures, and any actions that should be taken in response;
b.    how best to deliver aged care services to:
                i.        people with disabilities residing in aged care facilities, including younger people; and
               ii.        the increasing number of Australians living with dementia, having regard to the importance of dementia care for the future of aged care services;
c.    the future challenges and opportunities for delivering accessible, affordable and high quality aged care services in Australia, including:
                i.        in the context of changing demographics and preferences, in particular people's desire to remain living at home as they age; and
               ii.        in remote, rural and regional Australia;
d.    what the Australian Government, aged care industry, Australian families and the wider community can do to strengthen the system of aged care services to ensure that the services provided are of high quality and safe;
e.    how to ensure that aged care services are person‑centred, including through allowing people to exercise greater choice, control and independence in relation to their care, and improving engagement with families and carers on care‑related matters;
f.     how best to deliver aged care services in a sustainable way, including through innovative models of care, increased use of technology, and investment in the aged care workforce and capital infrastructure;
g.    any matter reasonably incidental to a matter referred to in paragraphs (a) to (f) or that [the Commissioners] believe is reasonably relevant to the inquiry.

A preliminary hearing was held in Adelaide on 18 January 2019.

At this hearing the Commissioner Tracy stated in part:

The terms direct our attention to the interface between health, aged care and disability services in urban, regional and rural areas. These issues necessarily arise because of Australia’s changing demography. We are also required to look at young people with disabilities residing in aged care facilities and do our best to deliver aged care services to the increasing number of Australians living with dementia. Part of our task is to examine substandard care and the causes of any systemic failures that have, in the past, affected the quality or safety of aged care services. We will consider any actions which should be taken in response to such shortcomings in order to avoid any repetition. This will necessarily involve us in looking at past 25 events. There have been a number of inquiries which have considered matters that, in certain respects, fall within our terms of reference. We are not required by the Letters Patent to inquire into matters which we are satisfied that have been, is being or will be 30 sufficiently and appropriately dealt with by another inquiry or investigation or a criminal or civil proceeding. As a general rule, we do not intend to re-examine matters which have been specifically examined in previous inquiries. We do, however, expect to examine the changes and developments which have followed previous inquiries, as well as the extent to which there has been implementation of recommendations from those inquiries. Where we have different views, they will be made known.

According to ABC News on 18 January 2018: Out of almost 2,000 Australian aged care providers invited to shed light on the sector ahead of the royal commission, only 83 have been forthcoming with information, the Adelaide inquiry was told.

The Guardian on 18 January reported: Counsel assisting Peter Gray said the commission had received more than 300 public submissions since Christmas Eve and 81% concerned provision of care in residential facilities, with staff ratios and substandard care the most common themes. The federal health department has also passed on 5,000 submissions it received before the commission’s terms of reference were set.

Interested members of the public can still make submissions as the Royal 
Commission will continue to accept submissions until at least the end of June 2019.

Details on how to make a submission can be found here.

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