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ALRC 72

The coming of age - new aged care legislation for the Commonwealth

Review of legislation administered by Department of Human Services and Health.

TERMS OF REFERENCE

PARTICIPANTS

ABBREVIATIONS

SUMMARY OF RECOMMENDATIONS

Principles for new legislation

Consultation and planning

Getting a service

Access and equity

Services for people living in the community

Domiciliary nursing care benefit

Promoting quality aged care services

User rights

Information for consumers

Complaints about service providers

Information protection

Funding service providers

Accountability

Enforcing obligations of funding

PART I - THE REFERENCE

1. THE REFERENCE

Background

The Commission's work

Constitutional issues

Other relevant inquiries and initiatives

Acknowledgments

Footnotes

2. AGED CARE PROGRAM
Introduction

Policy objectives

International context

Social context

Current Commonwealth legislation

How individuals support older people

How the community supports older people

How local governments support older people

How State and Territory governments support older people

How the Commonwealth supports older people

Nursing home care

Hostel care

Care Packages

Home and Community Care (HACC)

Aged care delivered in flexible or innovative ways

Addressing the special needs of older people

Promoting the rights of older people

Footnotes

3. PRINCIPLES FOR NEW LEGISLATION
Introduction

Program goals

Principles that should inform the development of programs and policies

Principles that should inform the administration of the program

The Commission's recommendation

Legislation should be straightforward and easy to understand

Footnotes

PART II - ACCESS TO SERVICES

4. CONSULTATION AND PLANNING

Introduction

Getting community views about aged care

Planning

The Commission's recommendations

Review of planning decisions

Footnotes

5. GETTING A SERVICE
Introduction

How do Assessment Teams work?

What the discussion paper asks

What submissions say about the assessment system

Providing for the assessment process in legislation

The Commission's recommendations

Review of decisions about a person's eligibility for aged care services

Footnotes

6. ACCESS AND EQUITY
Introduction

What are the goals of the Commonwealth's access and equity and social justice programs?

Program strategies for achieving access and equity and social justice

Discussion paper

People of non-English speaking backgrounds

Aboriginal and Torres Strait Islander communities

People who live in rural or remote communities

How should social justice and access and equity be reflected in the new legislation?

The Commission's views

The Commission's recommendations

Ensuring that services are affordable

Submissions identify other groups with special needs

Veterans

Footnotes

7. SERVICES FOR PEOPLE LIVING IN THE COMMUNITY
Introduction

Aged care services at home

Care Packages

Residential respite care

Footnotes

8. DOMICILIARY NURSING CARE BENEFIT
Introduction

Should the DNCB be called something else?

Are the eligibility criteria appropriate?

People do not know about DNCB

Barriers to people from Aboriginal and Torres Strait Islander communities getting DNCB

Who should perform the assessment?

Review of decisions about DNCB

Concern about the rate of DNCB

Footnotes

PART III - QUALITY CARE AND USER RIGHTS

9. PROMOTING QUALITY AGED CARE SERVICES

Introduction

Existing law and practice

Standards monitoring

Standards monitoring statements for residential care

Commonwealth, State and Territory regulation

Standards Review Panels

Footnotes

10. USER RIGHTS
Introduction

User rights strategies in context

Practical measures to enhance the protection of rights

Setting out user rights outcomes in legislation

Charters of rights and responsibilities

Written agreements between service providers and consumers

Advocacy services

Community Visitors Scheme

A legal framework for funding support services

Participation of older people in the management of services

Footnotes

11. INFORMATION FOR CONSUMERS
Introduction

Information about aged care services generally

People need information about the aged care service they use

Footnotes

12. COMPLAINTS ABOUT SERVICE PROVIDERS
Introduction

Service providers should be required to have an internal complaints mechanism

There should be an independent complaints handling body

Footnotes

13. INFORMATION PROTECTION
Introduction

Information held by the Department about older people, services and service providers

Information about older people held by service providers

Footnotes

PART IV - FUNDING SERVICES

14. FUNDING SERVICE PROVIDERS

Introduction

Incorporation

The funding process generally

Approved provider status

Approval in principle

Categories of final funding approval

Conditions of capital funding approval

Conditions for recurrent funding approval

Other funding

Payment of funding

Review of decisions in the funding process

Footnotes

15. ACCOUNTABILITY
Introduction

How do services account for funding?

Record keeping

Powers of Commonwealth officers

Service providers' duties to assist Commonwealth officers

Should service providers be required to notify the Department about significant changes in circumstances?

Footnotes

16. ENFORCING OBLIGATIONS OF FUNDING
Introduction

Existing sanctions for non-compliance with funding obligations

The discussion paper

What submissions say

The Commission's view

The Commission's recommendation

Footnotes

APPENDIX 1: LIST OF SUBMISSIONS
Oral submissions

Written submissions

This Report reflects the law as at 1 February 1995

© Commonwealth of Australia 1995

This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without written permission. Inquiries should be directed to the Manager, Commonwealth Information Services, Australian Government Publishing Service, GPO Box 84, Canberra ACT 2601.

ISBN 0 642 22528 1

Commission Reference: ALRC 72

The Australian Law Reform Commission was established by the Law Reform Commission Act 1973. Section 6 provides for the Commission to review, modernise and simplify the law. It started operation in 1975. The main office of the Commission is at Level 10, 133 Castlereagh Street, Sydney, NSW, 2000, Australia. The Commission also maintains a small office in Canberra.


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