The Aged Care Quality Standards (“Standards”) are a set of core guidelines that aged care providers must follow to ensure that care is provided safely, at a high quality, and meets the needs and preferences of consumers. Although compliance is mandatory, a recent report showed that a staggering 36% of home service providers and 16% of residential care providers are failing to meet these standards.
In its latest Sector Performance Report, the Aged Care Quality and Safety Commission identified Quality Standard 2 and Quality Standard 8 as having the lowest rates of compliance in both residential care and home services.
Quality Standard 2 – Ongoing Assessment and Planning With Consumers
Quality Standard 2 requires organisations to work with consumers to optimise health and well-being in accordance with their needs, goals and preferences. To do this, providers must plan and assess their provision of care, both initially and on an ongoing basis.
The most common areas of non-compliance within this standard include:
Demonstrating adequate assessment and planning of services, including the consideration of risks regarding the recipient’s safety and wellbeing; and
Regularly reviewing care and services to manage risks and ensure effectiveness when an incident occurs or where there is a change of circumstances.
Quality Standard 8 – Organisational Governance
The purpose of Quality Standard 8 is to hold providers responsible for the organisation and delivery of safe and quality care and services. Providers are expected to promote a culture of safety and quality, as well as drive and monitor improvements within the business.
Providers have been found to struggle to comply with these following areas:
Implementing effective governance systems;
Promotion of safety, inclusiveness and accountability; and
Having suitable risk management systems and practices.
What should providers do?
Failure to comply with the Standards may result in disciplinary action being taken, both at an individual and an organisational level. This may include warnings, fines, banning orders, or the revocation of approved provider accreditation.
The method of complying with the Standards will differ between providers and will often depend on their size, the individual consumers and the nature of the care and services being provided.
However, there are some steps that all providers can take to ensure they are fulfilling their obligations, such as:
Ensuring that they and their staff understand the Standards and how to implement them in practice;
Identifying opportunities for improvement, such as through obtaining feedback; and
Taking remedial action and reviewing and monitoring outcomes.
The Standards are currently undergoing revisions as part of the government’s review into the aged care sector. The Strengthened Aged Care Quality Standards are to be introduced with the new Aged Care Act, which is currently set to commence from 1 July 2025.
Cowell Clarke’s dedicated Aged Care and Retirement Living Team will continue to work closely with its aged care sector clients to ensure they achieve the best possible outcomes whilst ensuring compliance.
For further information, please contact our Aged Care, Retirement Living and Health team.
This publication has been prepared for general guidance on matters of interest only and does not constitute professional legal advice. You should not act upon the information contained in this publication without obtaining specific professional legal advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this publication and to the extent permitted by law, Cowell Clarke does not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting or refraining to act in relation on the information contained in this publication or for any decision based on it.