Code of Conduct
The Code introduces eight behaviours expected of approved providers, aged care workers and governing persons in the provision of care, support and services, including aged care. They must:
- act with respect for people’s rights to freedom of expression, self-determination and decision making in accordance with applicable laws and conventions;
- act in a way that treats people with dignity and respect, and values their diversity;
- act with respect for the privacy of care people;
- act in a safe and competent manner, with care and skill when providing care, supports and services;
- act with integrity, honesty and transparency;
- promptly take steps to raise and act on concerns about matters that may impact the quality and safety of care, supports and services;
- provide care, supports and services free from sexual misconduct and all forms of violence, discrimination, exploitation, neglect and abuse; and
- take all reasonable steps to prevent and respond to sexual misconduct and all forms of violence, discrimination, exploitation, neglect and abuse.
The Code is not intended to be exhaustive, but presents a broad framework expected for high quality care. It applies broadly to board members, facility managers, nurses, support workers, volunteers and independent contractors.
It does not apply to visiting medical practitioners or other health providers who are not contracted by the approved provider or tradespeople not under the control of the approved provider.
Non-compliance with the Code
The Aged Care Quality and Safety Commissioner (the Commissioner) may discuss compliance with the Code with the relevant person, request information and/or documentation for consideration, carry out an investigation, refer the non-compliance to another person or body and take any other action which is reasonable in the circumstances.
The Commissioner is also empowered to require action by the approved provider and/or individual or governing person. For example, the Commissioner may require an approved provider to:
- carry out an internal investigation in a specified manner and provide the written report to the Commissioner within a specified period; and/or
- engage an appropriately qualified and independent expert, at the provider’s expense, to carry out an investigation in a specified manner and provide the written report to the Commissioner within a specified period; and/or
- undertake specified action in relation to the compliance within a specified period.
In relation to an individual or governing person, the Commissioner may require the individual to undertake specific action in relation to the compliance.
The Commissioner remains entitled to take other action related to non-compliance including issue civil penalties and sanctions.
What can providers do to prepare?
Approved providers should familiarise themselves and their staff of the expectations outlined in the Code and take reasonable steps to ensure aged care workers and governing persons comply with the Code from 1 December 2022.
Helpful guidance for providers has been published by the Aged Care Quality and Safety Commission, accessible here, which includes further information about the Code and examples of conduct inconsistent with the Code.
For more information, or to discuss how we may be able to assist your business, please contact Panetta McGrath Lawyers on (08) 9321 0522.
