Get ready for a new era of Aged Care! When it comes to the Royal Commission, readiness isn’t optional. The Aged Care sector faces a challenging year. Companies will be required to prove their commitment to high quality care with material evidence, or risk shutting their doors for good. The Royal Commission is set to put serious pressure on aged care businesses to produce a wealth of critical information – information that many of them don’t currently have, or don’t have accessible. The good news? Early movers who prepare for this intensive regulatory scrutiny stand to gain everything in the new world. Hear from the experts to understand what you can expect from the industry-wide audit and how we can help you prepare for it. Speakers: - Scarlet Reid | Partner at McCullough Robertson - Jason Munstermann | Partner at McCullough Robertson Hosted by: - Natasha Davidson | Group General Counsel and Company Secretary at Ansarada

1. WillyourAgedCare
businessbeready?

2. Natasha
Davidson
GROUP GENERAL COUNSEL
ANSARADA

3. Whyare
wehere?
McCullough Robertson Partners
Scarlet Reid & Jason Munstermann
Partners
31 January 2019

4. Overview
oftheRoyal
Commission
▪Established on 8th October 2018
▪Justice Richard Tracey and Ms Lynelle Briggs
are the Royal Commissioners
▪Interim Report due 31 October 2019
▪Final report due 30 April 2020
▪Anticipate Hearings and
Round Table Discussions

5. Termsof
reference
▪Quality of services
▪Extent of substandard care being provided
including mistreatment / abuse
▪Causes of systemic failures
▪How best to deliver care
▪Future challenges and opportunities
▪What can be done?

6. Preliminary
steps
▪Investigation & Information Gathering
▪Round Tables
▪Letters to the Top 100 providers requesting
that they voluntarily provide information by
7 January 2019 – many did
▪Other recipients to voluntarily provide
information by 8 February 2019
▪Preliminary Hearing – 18 January 2019
▪Review of Information and Hearing
Preparation

7. Requeststo
providers
Nature of request:
▪ Not compulsory but an opportunity to assist the
Royal Commission particularly to identify and scope
commission and focus on systemic failures which
may need a broader response
Is there a benefit in responding when there is
no compulsion?
▪ May be discovered in any event through other agencies
▪ Is of assistance to commission
▪ Better to be prepared with response and remediation
▪ Better understanding of risk

8. Requeststo
providers
occasions… of substandard care including
mistreatment and all forms of abuse
Describe:
▪ Nature of substandard care
▪ Response investigating substandard care
▪ Whether result of systemic failure
And:
▪ Was systemic failure reported?
▪ Was it an issue during accreditation/quality process
▪ Did it result in non-compliance or imposition
of sanctions?
investigating
substandard care
investigating
regulatory resp.

9. Requeststo
providers
receive complaints of substandard care
including mistreatment and all forms of abuse
Describe:
▪ Nature of substandard care
▪ Response investigating substandard care
▪ Whether result of systemic failure
And:
▪ Was systemic failure reported?
▪ Was it an issue during accreditation/quality process
▪ Did it result in non-compliance or imposition
of sanctions?
investigating
substandard care
investigating
regulatory resp.

10. Used by the Federal Parliamentary
Committee in its interim report into
investigations into Oakden where a
wide range of deficiencies were
identified.
“Substandard care”

11. Substandard
care
▪ Care provided which fails to meet
statutory standards
▪ Breaches of the Aged Care Act 1997 and
breaches of the standards prescribed in
the Quality of Care Principles 2014
▪ Breaches of Charter of Care Recipients
Rights and Responsibilities
▪ Community expectations
▪ Care which fails to meet “the high
standards of quality and safety that the
Australian community expects”

12. Disclosing
information:
key issues
▪ What is a systemic failure?
▪ Royal Commission provides FAQ’s published
in November:
“…it is recognised that some occasions of
substandard care may be an isolated incident in
a service which otherwise provides safe and
high quality care. Others reflect a breakdown or
failure on a broad or systemic basis…”
▪ Used to identify local systemic failures as well
as broader sector failures
▪ Consistent with terms of reference which
requires the Royal Commission to investigate
the ‘…causes of systemic failures…’

13. ▪ Consider whether information will be available
in any event – statutory authorities and
regulatory agencies, available documentation:
- Mandatory record keeping (Progress notes,
medication charts, weight charts, ACFI material
and Aged Care Act compulsory reporting
incident reporting requirements)
- Incident registers
- Complaints by families,
- Miscellaneous documents: staff records,
worker’s compensation reports
▪ Consider ramifications of not disclosing and
being subsequently questioned
Disclosing
information:
key issues

14. PANEL DISCUSSION
Todisclose
ornotto
disclose?

15. Disclosure
examples
▪ Clinical outcomes:
- Medication mismanagement
- Physical abuse
- Failures to provide care in accordance with care plan
▪ Complaints of bullying culture/fear of reporting by staff
▪ Complaints of inadequate/inappropriate staff training
▪ Complaints of understaffing
▪ Complaints mismanagement
▪ Governance failures
- Failures of Board to understand culture
- Failure of board to have direct influence on care outcomes

16. ▪ Complaints investigated as having no care outcomes
- May need to reflect
- Courier Mail / Sun Herald Test
▪ Complaints about staff/between staff with no
adverse care outcomes
▪ Single acts of limited or no care consequences
▪ Allegations that care could have been better
▪ Allegations of insufficient non clinical contact
Disclosure
examples

17. Disclosures:
remaining
questions
▪ Opportunity to discuss issues including:
1. Steps taken to ensure person centred care quality care,
2. Improve engagement with families/carers concerning care
3. Delivery of sustainable care through innovation
technology and labour and capital investment
4. To accommodate diversity and address barriers to access
5. Adequacy of services to younger residents
6. Difficulties at interface with other health systems
(acute and allied)
7. Other services could provide and barriers to providers
implementing them
8. Any other changes
▪ Not compulsory and will be given other opportunities
▪

18. Where
dowego
fromhere?
▪ Get started easily today
▪ Benchmark your
readiness with Ansarada
▪ Surface the documents
you need
▪ Prepare for your legal
counsel
▪ Get on the front foot now
▪ Be confident and ready

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