Implementation
While ALRC 72 was not mentioned as a source, the Aged Care Act 1997 (Cth),which commenced operation in October 1997, implements many of the report's recommendations, particularly the recommendation to introduce one Act covering aged care services in a logical and plain English format.
However, the legislation does not capture the essence of ALRC 72's recommendations to improve consultation and consumer participation in the determination and regulation of aged care services. No independent external complaints mechanism was established, although recommendations to require service providers to establish internal complaints mechanisms were implemented.
Recommendations to require provision of certain information to consumers by service providers were not implemented.
The domiciliary nursing care benefit (discussed in Chapter 8 of ALRC 72 was not covered by the Aged Care Act, but was left under the National Health Act 1953 (Cth). Under the Assistance for Carers Legislation Amendment Act 1999 (Cth), the domiciliary nursing care benefit was repealed. It has been replaced with the 'carer's allowance', defined under the Social Security Act 1991 (Cth). The carer's allowance combined the domiciliary nursing care benefit and child disability care allowance. Family members caring for a 'disabled adult' residing in the same home are eligible. Simplification of the name and eligibility criteria are consistent with ALRC 72 recommendations, but most recommendations to widen eligibility have not been implemented. The focus has moved away from aged care to 'disability' care.
A national Complaints Resolution Scheme, based on dispute resolution principles and provided by an office within the Department of Health and Aged Care, was established in 1997. In 2000, a Commissioner for Complaints was appointed to review complaints from people who believe they have been unfairly treated by the Complaints Resolution Scheme. While a welcome initiative, the appointment did not go as far as the ALRC's recommendations for an external and independent body to deal with complaints.
The Aged Care Amendment (Security and Protection) Act 2007 (Cth) gave legislative basis to the Aged Care Complaints Investigation Scheme and changed it to an investigation model, underpinned by published investigation principles. The Act also established the Aged Care Commissioner to replace the Commissioner for Complaints, with a stronger role in the handling of complaints about the Aged Care Complaints Investigation Scheme.
The information on this page was current as of January 2005
This page was updated 18 July 2008.
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