Note: Part 4.1 of the Aged Care Act 1997Part 4.1 of the Aged Care Act 1997 is about the responsibilities of approved providers for the quality of the aged care they provide through their aged care services.The responsibilities of approved providers include compliance with a number of standards set out in these Principles. The standards are:the Accreditation Standardsthe Community Care Standardsthe Flexible Care Standards.
Part 1—Preliminary
18.1 Citation
These Principles may be cited as the Quality of Care Principles 1997.
18.2 Commencement
(1) These Principles commence on 1 October 1997.
(2) However, items 1.1, 1.3, 2.1, 2.3, 3.1 and 3.3 of Schedule 3 commence on 1 January 1998.
18.3 Definitions
In these Principles:
Act means the Aged Care Act 1997.
organisation means the approved provider of an aged care service.
quality review means a review of the quality of care delivered against the Home Care Common Standards.
resident means a care recipient who is provided with care through an aged care service.
service provider means the approved provider of an aged care service.
service user means a care recipient who is provided with care through an aged care service.
18.4 References to care recipient (or his or her representative) etc
(1) In this section:
care recipient includes prospective care recipient and resident.
(2) In these Principles, a reference to a care recipient (or his or her representative) is a reference to:
(a) the care recipient; or
(b) the care recipient’s representative; or
(c) both the care recipient and his or her representative.
Note: Examples of representative:
Advocate
Carer
Legal guardian
Relative.
(3) This section is made to remove any possible doubt.
Part 2—Responsibilities of approved providers
Division 2.1—Specified care and services for residential care services
18.5 Purpose of Division (Act, s 54‑1)
This Division specifies the care and services that an approved provider of a residential care service must provide.
18.6 Specification of care and services
(1) An approved provider of a residential care service must, for each item in Schedule 1, provide the care or service stated in column 2 of the item to any resident who needs it.
(1A) The care or service must be provided by the approved provider in a way that meets the Accreditation Standards set out in Schedule 2.
(2) If there is an entry in column 3 of an item in Schedule 1, the care or service mentioned in column 2 of the item consists of the matter stated in column 3.
(3) However, the services stated in Part 3 of Schedule 1 are required only for the following residents:
(a) a resident who on 19 March 2008 was receiving a high level of residential care (as defined in the Act on 19 March 2008); or
(b) a resident who is receiving a high level of residential care (as defined in the Act on 19 March 2008); or
(c) a resident who is receiving a high level of residential care (as defined in the Act on or after 1 January 2010); or
(d) a resident who:
(i) on 31 December 2009, was receiving a high level of residential care (as defined in the Act on 31 December 2009); and
(ii) on or after 1 January 2010, would be ineligible to receive a high level of residential care solely because of the amendment to the definition of high level of residential care made on 1 January 2010; and
(iii) is receiving residential care from the same aged care service from which the resident was receiving care on 31 December 2009.
Note: The Act defines high level of residential care as having the meaning given by the Classification Principles. The definition of high level of residential care in the Classification Principles 1997 was amended on 20 March 2008 and 1 January 2010.
(4) For residents described in paragraph 18.6(3)(d), if initial and on‑going assessment, planning and management of care for residents (nursing services as described in Item 3.8 of Part 3 of Schedule 1) is required, it must be carried out by a registered nurse.
Division 2.2—Other responsibilities
18.6A Purpose of Division (Act, s 54‑1)
This Division specifies other responsibilities of an approved provider of a residential care service in relation to the quality of the aged care that the approved provider provides.
18.6B Fire safety exception notice
(1) An approved provider must give to the Secretary a notice (a fire safety exception notice) if the approved provider is notified by a State, Territory or local government authority that the approved provider is, in respect of a residential care service operated by the approved provider, non‑compliant with any applicable State or Territory laws (including local by‑laws) relating to fire safety.
(2) The fire safety exception notice must:
(a) be in a form approved by the Secretary; and
(b) include all the information required by the form; and
(c) not contain false or misleading information; and
(d) be signed by one of the approved provider’s key personnel, being a person who is authorised by the approved provider to sign the notice.
(3) A fire safety exception notice must be given to the Secretary within 28 days of the approved provider being notified by the State, Territory or local government authority of the non‑compliance referred to in subsection (1).
Division 2.3—Specified care and services for home care services
18.6C Purpose of Division (Act, s 54‑1)
This Division specifies the care and services that an approved provider of a home care service may provide.
18.6D Specification of care and services
(1) An approved provider of a home care service must provide a package of care and services selected from the care and services specified in Part 1 of Schedule 4.
(2) The care recipient and the approved provider may agree to the inclusion in the package of care and services other care and services required to support the care recipient to live at home, provided that:
(a) the approved provider is able to provide the care and services within the limits of the resources available; and
(b) the item is not listed in Part 2 of Schedule 4 as an excluded item.
(3) The package of care and services may be used to support the use of telehealth and digital technology, such as remote monitoring, if this is agreed under subsection (2).
(4) The care and services must be consistent with the care recipient’s care needs identified in the care plan.
(5) The care and services must be provided by the approved provider in a way that meets the Home Care Standards.
Part 3—Accreditation Standards
18.7 Purpose of Part (Act, s 54‑2)
This Part sets out Accreditation Standards. Accreditation Standards are standards for quality of care and quality of life for the provision of residential care on and after the accreditation day.
18.8 Accreditation Standards
(1) The Accreditation Standards are set out in Schedule 2.
(2) The standards deal with the following matters:
(a) management systems, staffing and organisational development;
(b) health and personal care;
(c) resident lifestyle;
(d) physical environment and safe systems.
(3) The accreditation standard for a matter consists of:
(a) the Principle for the matter; and
(b) the expected outcome for each matter indicator for the matter.
18.9 Application of Accreditation Standards
(1) The Accreditation Standards are intended to provide a structured approach to the management of quality and represent clear statements of expected performance. They do not provide an instruction or recipe for satisfying expectations but, rather, opportunities to pursue quality in ways that best suit the characteristics of each individual residential care service and the needs of its residents. It is not expected that all residential care services should respond to a standard in the same way.
(2) The Accreditation Standards apply equally for the benefit of each resident of a residential care service, irrespective of the resident’s financial status, applicable fees and charges, amount of residential care subsidy payable, agreements entered into, or any other matter.
Part 5—Home Care Standards
18.13 Purpose of Part (Act, s 54‑4)
This Part sets out Home Care Standards. Home Care Standards are standards for quality of care and quality of life for the provision of home care.
18.14 Home Care Standards
(1) The Home Care Standards are the Home Care Common Standards set out in Schedule 5.
(2) The standards set out in Schedule 5 deal with the following matters:
(a) effective management;
(b) appropriate access and service delivery; and
(c) service user rights and responsibilities.
(3) The home care standard for a matter consists of:
(a) the Principle for the matter; and
(b) the expected outcome for each matter indicator for the matter.