Time running out to complete mandatory Operations Reporting due 31 October!
The second Governing Body’s Statement of Compliance is due to be lodged by 31 October. It requires a governing body member to declare any non-compliance that occurred in the 23/24 year, on behalf of the governing body.
What is the "Statement of Compliance"?
The Statement of Compliance informs the Department of Health and Aged Care whether the approved provider has complied with its responsibilities under the Aged Care Act 1997 and its requirements under the Aged Care Quality and Safety Commission Act 2018 during the previous reporting period. Notably, this obligation extends beyond merely reporting non-compliance identified by the Aged Care Quality and Safety Commission.
Approved providers must confirm their compliance status and disclose any non-compliance that has occurred. If non-compliance is present, the provider must include the following details:
- Each responsibility or requirement the governing body believes the provider has failed to meet;
- The reasons for the failure to comply; and
- The actions taken, initiated, or planned to address the non-compliance.
Each instance of non-compliance must be documented, although similar issues can be grouped together.
Some or all of this information may be published online, making it crucial for providers to carefully consider what details they include.
What constitutes non-compliance?
In this context, non-compliance refers to any failure to meet an approved provider's responsibilities under the Aged Care Act (including its Principles) and the requirements of the Aged Care Quality and Safety Commission Act 2018. It is not limited to breaches of the Aged Care Quality Standards.
Examples of non-compliance that must be reported include:
- Breaches of the approved provider's responsibilities under the Code of Conduct;
- Violations of the Charter of Aged Care Rights (e.g., a consumer's right to privacy);
- Non-compliance with the Fees and Payments Principles (e.g., issues related to room moves);
- Breaches of User Rights Principles (e.g., concerning Security of Tenure); and
- Violations of the Quality of Care Principles, such as failing to meet Incident Management and SIRS requirements.
When detailing why non-compliance occurred, providers should identify the general nature of the issues, such as: a lack of an inclusive and respectful culture for care recipients; inadequate support for choice and independence; failures in delivering safe and quality personal and clinical care; or mismanagement of Refundable Accommodation Deposits (RADs).
What does this mean for providers?
While self-assessment against the Quality Standards is not new, the Statement of Compliance places greater responsibility on Governing Bodies. Providers must now self-report non-compliance in unprecedented ways, with the awareness that disclosed information may be made public. The approved provider and governing body must have effective systems in place to identify non-compliance and ensure these systems are regularly reviewed.
For instance, approved providers need to consider non-compliance identified through complaints, root cause analyses, or incident investigations. They must also determine if a single instance of subpar conduct constitutes non-compliance with a responsibility or requirement.
Any disclosure of non-compliance can lead to a range of regulatory actions and monitoring, making this a complex undertaking that requires careful consideration.
How we can help?
For more guidance in relation to ensuring compliance, please contact Victor Harcourt or Anita Courtney, or another member of our Aged Care Team.
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.