Abstract
The purpose of this research is to examine Australia’s new Aged Care Act, assessing whether the legislative changes can effectively address long-standing issues within the aged care sector or if they merely perpetuate existing shortcomings under a reformed framework. The paper provides an overview of the rationale for the new legislation with a focus on the findings of the Royal Commission into Aged Care Quality and Safety and the key recommendations for a human rights approach to aged care. The study also provides an overview of the new legislation, due to commence on 1 July 2024. Finally, the study raises concerns regarding the legislation’s prospects for success considering resistance from aged care providers, government funding issues, and – crucially - the lack of effective remedies when the Act’s provisions are compromised. Put simply, having a right is pointless without, in the event of neglect of or a contravention of that right, having a way to enforce the right, obtain a remedy and, in appropriate circumstances, impose penalties or other enforcement mechanisms. At present, the draft legislation is weak in the remedies space and vulnerable to further undermining from aged care providers, risking dilution of the final version. Unfortunately, while the legislation may appear promising, it is likely to lack effectiveness, and the same issues identified in the Royal Commission will persist.
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
Public Policy and Public Perspectives on Aging
KEYWORDS
ELDER LAW, AGED CARE, CARE HOMES, REMEDIES
