Big changes are coming for those who operate “Aged Care Digital Platforms”, thanks to new laws under the Aged Care Bill 2024 which regulate the publication of aged care information. These reforms are designed to ensure that everyone involved in aged care—from service providers to families—can trust the system and rely on the information available to them.
What are Aged Care Digital Platforms?
An Aged Care Digital Platform is an online service (such as a website or system) that facilitates the delivery of aged care by connecting people with aged care providers for a fee. A common example may include a website which shows a list of retirement homes in a person’s area, and subsequently charges these homes a fee to be included on the website, or the individual a fee to access the list of homes.
New Responsibilities for Operators
The new laws place obligations on the operators of Aged Care Digital Platforms (“Operators”), the failure of which can result in significant penalties. Operators will now have the legal duty to ensure that the aged care providers they advertise on their platform have the relevant qualifications to provide care.
Practically, this means:
Verifying Registration: Operators must check if the advertised provider is officially registered to deliver aged care services.
Showing What They Can Do: If a provider is registered, Operators must display the specific types of services they are authorised to provide.
Checking for Bans: Operators must confirm and display whether the provider has any current or past banning orders.
Extra Obligations for Corporations
A number of additional responsibilities apply to Operators who are trading or financial corporations. This includes:
Notifying the Commissioner: Operators must inform the Commissioner that they operate an Aged Care Digital Platform.
Complaints and Incident Management: Operators are required to set up a system for handling complaints and incidents related to their Aged Care Digital Platform. The complaints system must be displayed for the public to view.
Report Information: If required, report complaints, incidents and other information to the relevant authorities.
Display Rights: Operators must prominently display the aged care “Statement of Rights” on their Aged Care Digital Platform, so that individuals are able to better understand their rights and protections.
Record Keeping: Operators must keep and retain detailed records of certain information.
Takeaways
The new rules for Aged Care Digital Platforms are a step forward in creating a safer, more reliable aged care system. Although the Aged Care Bill 2024 is not set to come into force until 1 July 2025, those caught under these new obligations should take proactive steps to ensure that they understand their responsibilities and are ready for the change.
Cowell Clarke’s dedicated Aged Care and Retirement Living team continues to work closely with aged care providers and Operators to ensure their best possible outcomes are achieved 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.