The transition to the new Act affects these activities to manage provider and worker risk:
- banning orders to stop or restrict people from being involved in providing aged care
- Code of Conduct for Aged Care to give people confidence and trust in the quality and safety of care
- code requirements where we find that an aged care provider, worker or governing person has done something that isn’t consistent with the Aged Care Code of Conduct
- monitoring and investigations under the Regulatory Powers Act.
Banning orders
Banning orders against workers or governing persons made before Transition Day will become banning orders under the new Act. They will continue for their entire duration.
Applications to vary or revoke banning orders made before Transition Day will become an application under the new Act.
From Transition Day:
- all banning orders will be made under the new Act
- procedural fairness steps we take for banning orders, such as giving notice, will continue as they satisfy equivalent requirements under the new Act
- if a banning order relates to a specific type of aged care, we’ll find the relevant service type in the new Act, let you know and update the banning order register
- we will continue to publish applications to revoke an order on the banning order register:
- we will continue to publish banning orders made under the old law on the banning order register
- we will include banning orders against workers or responsible persons of a registered provider in the Provider Register.
Changes to service types in the service list do not mean a banned person can be involved in similar types of care to the one we banned them from before Transition Day.
Banned individuals must not breach the banning order or a condition of the order before or after Transition Day.
Providers must not employ or engage banned individuals in a way that contravenes the banning order. If they do, they risk severe penalties.
Monitoring and investigations
Monitoring and investigation activities will continue under the old law until they are complete.
On Transition Day:
- if an Authorised Officer enters a premises or is using their search and seizure powers, they can continue under the old law
- newly appointed Authorised Officers are authorised to use these powers on and after Transition Day
Authorised Officers can continue to use monitoring and investigation powers under the new Act for provider responsibilities under the old law for 18 months after Transition Day.
Worker screening
The Department of Health and Aged Care (the Department) are working to introduce a new Aged Care Worker Screening Check for risk assessed roles.
A risk-assessed role in aged care will be one that:
- is a responsible person (for example a CEO or Board Member)
- is involved in the direct delivery of aged care services to older people
- is likely to have ‘more than incidental contact’ with older people accessing aged care services as a normal part of their duties.
Next steps
- Aged care providers and workers do not need to prepare for the new screening check yet.
- Workers will not be required to have the new check in place when the new process starts. They can continue to use their existing police check until it expires. This transitional arrangement will make sure:
- new screening applications are processed efficiently
- workers can continue to work without interruption.
The Department are working with states and territories to plan for implementation. More information will be shared with providers as soon as its available.
NB: The new screening process for aged care will not start before 1 July 2025.
To read more visit:
