The exposure draft of the much-anticipated new Aged Care Act was released on 14 December 2023. The new Act will replace the current Aged Care Act 1997 (Cth) and the Aged Care Quality and Safety Commission Act 2018 (Cth). At more than 320 pages in length, it’s a hefty read.  While we are still working through the finer details, in this episode we discuss our preliminary thoughts and observations about some of the issues in the exposure draft.   You can find other information and resources at www.oloughlins.com.au. O’Loughlins is a legal firm based in South Australia.  The in ..read more

In this episode, we are discussing the recent report published by the Australian Government on the third Home Care Packages Program Assurance Review.   This assurance review looked at pricing transparency on My Aged Care.  Through the review, a number of common issues were identified with home care pricing schedules.   A transcript of this episode can be found at:  https://www.oloughlinsonair.com.au/blog/home-care-pricing-schedules-issues-found-in-the-australian-government-s-assurance-review   O'Loughlins is a legal firm based in South Australia.  T ..read more

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-car ..read more

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-provider ..read more

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 ..read more

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 ..read more

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 advis ..read more

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 ..read more

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 ..read more