The new Key Personnel in Aged Care reforms commence 1 December 2022. They affect board members, employees, contractors, consultants and volunteers who are key personnel as at 1 December or who become key personnel.
Approved providers must conduct a much more rigorous assessment about whether an individual is suitable to be involved in the provision of aged care. Notifications must be made within 14 days to the Aged Care Quality and Safety Commission. Key personnel must also notify the approved provider of a change of circumstances.
The reforms may potentially make existing key personnel unsuitable due to events that have occurred prior to 1 December. This may result in them not being able to fulfil the inherent requirements of their role.
Approved providers should start preparing for the implementation of the reforms prior to 1 December and consider the impact on recruitment prior to 1 December.
Preparing for change
To prepare for this reform, approved providers should be mindful of their:
- existing obligations in respect of key personnel prior to 1 December 2022; and
- forthcoming obligations from 1 December 2022, namely complying with:
- the key personnel notification requirements (within 14 days of the occurrence of certain events); and
- their obligation to consider suitability matters (at least once every 12 months).
Approved providers should prepare for the commencement of these obligations before their commencement on 1 December 2022.
Current Key Personnel and Historic Suitability Matters
For existing key personnel as at 1 December 2022, approved providers have 12 months from that date to undertake the suitability assessment. This assessment may however take place sooner if there is a change of circumstances relating to a suitability matter that triggers an assessment of suitability.
Whenever the assessment takes place, an approved provider must consider all factors relevant to the suitability matters whether they occurred prior to or after 1 December. Given that the assessment of key personnel did not require the approved provider to consider the range of information it must now consider, it is likely that there will be existing key personnel for whom the suitability matters may cause a re-consideration about whether they are able to continue in the role.
Approved providers should consider whether they will be prepared to deal with the impact of these reforms on 1 December.
Russell Kennedy Key Personnel Package of Documents
Russell Kennedy has developed a range of resources that approved providers can purchase individually or as a pack to ensure compliance for the new requirements of key personnel. We have a Key Personnel Suitability Matters Information and Assessment Form and Guide to assist with gathering and assessing the information. We have letters and guides for key personnel explaining the changes, the regulatory context and their key obligations. We have also developed a template policy, as well as clauses for agreements and contracts.
Download our flyer here to find out about the key personnel package, and email rkagedcare@rk.com.au to find out about pricing and to purchase all or any of the resources available.
Contact Victor Harcourt, Anita Courtney, or Solomon Miller if you require assistance. If you would like to keep up to dates with Alerts, news and Insights from our Aged Care Team, you can subscribe to our mailing list here.
Disclaimer
The information contained in this Alert is intended as general commentary only and should not be regarded as legal advice. Should you require specific advice on the topics discussed, please contact the firm directly.