• To support the Constitutional validity of the new Aged Care Act and strengthen its rights-based foundation, insert a reference to the ICCPR, and consider at the very least including a reference to the CAT, CEDAW and the ICERD under proposed subsection 5(a) of the Bill. [...] The Law Council recommends the inclusion of the following additional objects under proposed section 5 of the Bill to reflect the practical considerations underpinning the delivery of aged care services: (a) Dignified living in old-age: Consistent with Recommendation 1 of the Royal Commission’s Final Report,16 the following should be added as an additional object under proposed section 5 of the Bil. [...] Proposed subsection 37(2) of the Bill states that registrations of supporters may be made on the request of a person (including the individual) or body; or on the initiative of the System Governor, if the System Governor considers that they will make a determination under proposed section 43 that the person has decision-making authority in relation to the individual. [...] Similar to the Exposure Draft Bill, the current Bill states that disclosures of information are protected if made to a ‘responsible person of the registered provider’ and an ‘aged care worker of a registered provider’.60 The Law Council reiterates the concern expressed in its submission on the Exposure Draft Bill, that the reference to ‘aged care worker’ is too wide, and there is a risk of whistle. [...] Submission on the Aged Care Bill 2024 31 About the Law Council of Australia Acknowledgements Executive summary Strengthening the rights-based approach of the Bill Interpretation of the Bill References to international human rights treaties in the Bill Provisions related to First Nations people Examination of the key provisions in the Bill Objects and Statement of Rights Objects – proposed section.
Authors
- Pages
- 31
- Published in
- Australia
Table of Contents
- About the Law Council of Australia 3
- Acknowledgements 4
- Executive summary 5
- Strengthening the rights-based approach of the Bill 7
- Interpretation of the Bill 7
- References to international human rights treaties in the Bill 7
- Provisions related to First Nations people 8
- Examination of the key provisions in the Bill 9
- Objects and Statement of Rights 9
- Objects – proposed section 5 9
- Statement of Rights contents—proposed section 23 9
- Compliance with the Statement of Rights—proposed section 24 11
- Statutory duties of registered providers and responsible persons 15
- Definition of ‘responsible person’—proposed section 12 15
- Duties owed by a responsible person—proposed section 180 17
- Compensation for breach of statutory duties—proposed section 186 18
- Framework for supporter arrangements 19
- Supporter registrations 20
- Capacity for consent 21
- Requesting a supporter registration—proposed sections 37 and 43 21
- Interaction of decision-making supporter framework with State and Territory laws 24
- Restrictive Practices 26
- Restrictive practice in relation to an individual—proposed section 17 26
- Restrictive practice requirements—proposed section 18 26
- Compliance with restrictive practices and penalties for breach 27
- Review of the Rules regulating restrictive practices 28
- Information to include in the Rules regarding restrictive practices 28
- Whistleblowers framework 29
- Disclosures qualifying for protection—proposed section 547 29
- Fees and contributions 30
- Fees for higher everyday living—proposed section 284 30
