O'Loughlins on air

In this episode, we discuss the obligations of approved providers under the Aged Care Act in relation to suitability of key personnel. 

As we approach the 12 month anniversary of the commencement of the new 'suitability matters' regime, we thought it would be useful to revisit these requirements – given the obligation of providers to consider the suitability matters for each of their key personnel at least once in that 12 month period.

The amendments that commenced on 1 December 2022 did not change the definition of who is 'key personnel'. What they did was bring in a new list of 'suitability matters' that providers must consider in determining whether key personnel are 'suitable'.

The provider's obligation is to consider the suitability matters in respect of each individual who is key personnel and to be reasonably satisfied that the person is suitable to be involved in the provision of aged care.

There is not set process for assessing suitability, and the assessment has some subjective elements.  Our key personnel compliance package recommends using a combination of publicly available searches, and a statutory declaration from the individual, to obtain information about the suitability matters.

The provider then needs to consider each suitability matter and form a view as to each of them, as well as an overall view of suitability. This process needs to be documented - including the dates on which the process took place, the outcome of consideration of each suitability matter and the reasons for that outcome.

Our key personnel compliance package includes guidance material explaining the requirements relating to key personnel under the aged care legislation, and also under the NDIS and ACNC legislation.

It also includes a set of guidelines for undertaking key personnel checks, and templates such as a statutory declaration for key personnel to provide, an annual update letter and a template for recording the outcome of suitability assessments.

If you are interested in finding out more about the document package, please contact our office for more information.

You can find other information and resources at oloughlinsonair.com.au.  O'Loughlins is a legal firm based in South Australia.  The information in this podcast is for general information and not to be relied on as legal or other advice.  Please consult with your legal advisor for advice about your particular circumstances.  

In this episode, we discuss additional care and services in residential aged care. The Aged Care Quality and Safety Commission has recently published a Regulatory Bulletin on Additional Fees in Residential Aged Care. This Regulatory Bulletin addresses various issues approved providers should consider when providing additional care and services in the residential care setting.

The Department of Health and Aged Care has also published guidance in its document 'Care and Services in Aged Care Homes – Information for Approved Providers', which gives examples of care and services that approved providers either can or cannot charge an additional fee for providing.

You can find other information and resources at oloughlinsonair.com.au.  O'Loughlins is a legal firm based in South Australia.  The information in this podcast is for general information only and not to be relied on as legal or other advice.  Please consult with your legal advisor for advice about your particular circumstances.  

The team looks at the new NDIS restrictive practices authorisation scheme that has commenced in South Australia.

This scheme is relevant to any NDIS providers, including dual NDIS and aged care providers, that operate in South Australia and use one or more restrictive practices for an NDIS participant.

We talk about steps that NDIS providers can take to implement the scheme and issues that may arise.

For more information, see our Briefing at https://www.oloughlins.com.au/wp-content/uploads/newsletters/HARL/Briefing%20-%20SA%20NDIS%20restrictive%20practices%20authorisation%20scheme.pdf 

You can find show notes with the key points of this episode, as well as other information and resources, at oloughlinsonair.com.au. O'Loughlins is a legal firm based in South Australia. The information in this podcast is for general information only and not to be relied on as legal or other advice. Please consult with your legal advisor for advice about your particular circumstances.

The team looks at issues that home care providers should start to consider now, pending the release of the changes to the Quality of Care Principles and the commencement of the incident management and Serious Incident Response Scheme requirements for home care. These changes are part of the Aged Care Royal Commission Response No. 2 Bill that the federal government intends to pass as part of its response to the Royal Commission into Aged Care Quality and Safety. For more information, see our Briefing at https://www.oloughlins.com.au/legal-updates/health-aged-care-retirement-law/sirs-in-home-care-is-coming-soon You can find show notes with the key points of this episode, as well as other information and resources, at oloughlinsonair.com.au. O'Loughlins is a legal firm based in South Australia. The information in this podcast is for general information only and not to be relied on as legal or other advice. Please consult with your legal advisor for advice about your particular circumstances.

In this episode, the team looks at upcoming changes to the requirements for key personnel of approved providers in aged care. We talk about the suitability test that is due to replace the disqualified individual test. These changes are part of the Aged Care Royal Commission Response No. 2 Bill that the federal government intends to pass as part of its response to the Royal Commission into Aged Care Quality and Safety. For more information, see our Briefing at https://www.oloughlins.com.au/legal-updates/health-aged-care-retirement-law/new-suitability-test-for-key-personnel-of-aged-care-providers You can find show notes with the key points of this episode, as well as other information and resources, at oloughlinsonair.com.au. O'Loughlins is a legal firm based in South Australia. The information in this podcast is for general information only and not to be relied on as legal or other advice. Please consult with your legal advisor for advice about your particular circumstances.

The team looks at requests for health records and visitor records in residential care by family members in disputed estates in South Australia. We focus on: · who has the capacity to speak on behalf of the estate; · access to health records; · access to visitor records being maintained by a residential care provider to comply with Covid-19 emergency directions and risks involved in providing those; and · if requested documents are going to be provided, can a provider ask for cost reimbursement for the time and administrative resources used to provide them. You can find show notes with the key points of this episode, as well as other information and resources, at oloughlinsonair.com.au. O'Loughlins is a legal firm based in South Australia. The information in this podcast is for general information only and not to be relied on as legal or other advice. Please consult with your legal advisor for advice about your particular circumstances.

The team looks at the Report of the South Australian Retirement Villages Act review which was released in November 2021. You can find show notes with the key points of this episode, as well as other information and resources, at oloughlinsonair.com.au. O'Loughlins is a legal firm based in South Australia. The information in this podcast is for general information only and not to be relied on as legal or other advice. Please consult with your legal advisor for advice about your particular circumstances.

The team looks at informed consent to the use of restrictive practices in residential care, who can give informed consent in South Australia and when that consent can be given without having to go to the South Australian Civil and Administrative Tribunal (SACAT). You can find show notes with the key points of this episode, as well as other information and resources, at oloughlinsonair.com.au. O'Loughlins is a legal firm based in South Australia. The information in this podcast is for general information only and not to be relied on as legal or other advice. Please consult with your legal advisor for advice about your particular circumstances.

The team looks at the Serious Incident Response Scheme or 'SIRS' in residential aged care and, specifically, the category of 'neglect' as a reportable incident. You can find show notes with the key points of this episode, as well as other information and resources, at oloughlinsonair.com.au. O'Loughlins is a legal firm based in South Australia. The information in this podcast is for general information only and not to be relied on as legal or other advice. Please consult with your legal advisor for advice about your particular circumstances.

The team looks at when a resident fall will be reportable to the Aged Care Quality and Safety Commission under the Serious Incident Response Scheme or 'SIRS'. You can find show notes with the key points of this episode, as well as other information and resources, at oloughlinsonair.com.au