Bill to protect nursing home residents introduced

The new arrangements will come into effect on April 1.

MInister for Ageing Senator Santo Santoro says the legislation is a major step forward for aged care.

“The standards of care in our aged care sector today are generally very high, but the legislation will make them even higher," he said.

"Residents and their families can rest assured that any concerns they have about standards of care will be investigated fairly and promptly.”
The new compulsory reporting arrangements mean residential aged care providers must report any suspected sexual abuse or physical assault of residents.
The report must be made to both the police and to the Department of Health and Ageing.
The legislation will also introduce:

• Requirements that aged care providers have procedures to protect staff who report abuse.
• Police checks for aged care staff and volunteers
• Unannounced spot checks by the Aged Care Standards and Accreditation Agency.

A new Office of Aged Care Quality and Compliance within the department will be responsible for overseeing the regulations.

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Further information from the Bill:

Aged Care Amendment (Security and Protection) Bill 2007 - Introduced House of Reps 8.2.07

From the explanatory memorandum:

• establish a scheme for compulsory reporting of abuse. The Bill establishes a requirement for approved providers to:
  • report to the police and to the Secretary to the Department of Health and Ageing, incidents involving alleged or suspected reportable assaults. The report must be made within 24 hours of the allegation or the approved provider starting to suspect a reportable assault. A reportable assault is defined in the Bill, and includes unlawful sexual contact, unreasonable use of force, or assault specified in Accountability Principles made under the Act (and constituting an offence against a law of the Commonwealth or a State or Territory);
  • take reasonable measures to ensure staff members report any suspicions or allegations of reportable assaults to the approved provider (or one of the approved provider’s key personnel, or a person authorised by the approved provider to receive reports), the police or the Secretary; and
  • take reasonable measures for protecting the identity of any person who makes a report of a reportable assault."