As part of the Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022, the Australian Government continues to introduce a range of practical measures to improve accountability and transparency in the aged care sector.
In this update, SoCom Consulting discusses three measures which will become applicable from 1 December 2022 and the practical considerations for home care providers.
Serious Incident Response Scheme (SIRS) expands into home care services
While the Serious Incident Response Scheme (SIRS) has been in place for residential aged care and flexible care providers since April 2021, it is only due to come into effect for home care services (including the delivery of services under Home Care Packages, Short-Term Restorative Care (STRC), Commonwealth Home Support Programme (CHSP), National Aboriginal and Torres Strait Islander Flexile Aged Care (NATSIFAC), Multi-Purpose Services Program and the Transition Care Program.
What is the Serious Incident Response Scheme?
SIRS is an initiative that helps prevent and reduce incidents of abuse and neglect for aged care consumers. SIRS defines eight (8) types of incidents that are ‘reportable incidents’ and which require approved providers to follow specific reporting requirements and timeframes.
The 8 reportable incidents are:
- Unreasonable use of force – for example, hitting, pushing, shoving, or rough handling a consumer
- Unlawful sexual contact or inappropriate sexual conduct – such as sexual threats against a consumer, stalking, or sexual activities without consumer consent
- Neglect of a consumer – for example, withholding personal care, untreated wounds, or insufficient assistance during meals
- Psychological or emotional abuse – such as yelling, name calling, ignoring a consumer, threatening gestures, or refusing a consumer access to care or services as a means of punishment
- Unexpected death – where reasonable steps were not taken by the provider to prevent the death, the death is the result of care or services provided by the provider or a failure by the provider to provide care and services
- Stealing or financial coercion by a staff member – for example, if a staff member coerces a consumer to change their will to their advantage, or steals valuables from the consumer
- Inappropriate use of restrictive practices – where it is used in relation to a consumer in circumstances such as:
- where a restrictive practice is used without prior consent or without notifying the consumer’s representative as soon as practicable
- where a restrictive practice is used in a non-emergency situation, or
- when a provider issues a drug to a consumer to influence their behaviour as a form of restrictive practice
8. Unexplained absence from care – where the consumer is absent from the service without explanation and there are reasonable grounds to report the absence to the police.
SIRS Reporting Timeframes
If a reportable incident occurs or is alleged or suspected to have occurred, an approved provider must immediately act to protect the safety and wellbeing of those involved and determine if the incident is either Priority 1 or Priority 2 based on:
- the incident type
- the harm and/or discomfort caused to the client
- whether there are reasonable grounds to report the incident to the police.
The priority of the incident determines when it must be reported to the Commission.
Priority 1 reportable incidents must be reported to the Commission within 24 hours of the provider becoming aware of the incident. Priority 1 reportable incidents are incidents:
- that have caused or could reasonably have been expected to cause, a consumer physical or psychological harm and/or discomfort that would usually require medical or psychological treatment to resolve, or
- if there are reasonable grounds to contact the police, or
- of unlawful sexual contact or inappropriate sexual conduct, or
- when there is the unexpected death of a consumer or a consumer’s unexplained absence from the service.
Staff must also report an incident to the police where there are reasonable grounds to do so. This includes scenarios where they are aware of facts or circumstances that lead to a belief that an incident is unlawful or considered to be of a criminal nature (for example sexual assault). These incidents must also be reported to police within 24 hours of becoming aware of the incident.
Reporting to police in relation to criminal conduct should occur regardless of whether the incident is alleged or suspected to have occurred.
Priority 2 reportable incidents are those that do not meet the criteria for a Priority 1 reportable incident.
An approved provider must report Priority 2 reportable incidents to the Commission within 30 days of becoming aware of it occurring.
Practical considerations for home care providers
Approved home care providers should update their Client Incident Management Policy to include the relevant definitions of reportable incidents and the timeframes and process for reporting to the Commission and other relevant agencies. Induction and training schedules and manuals should also be updated to ensure competency and up-to-date knowledge of the responsibilities of all staff.
More information on SIRS can be found in the Serious Incident Response Scheme Guidelines for providers of home services.
Code of Conduct for Aged Care
A new Code of Conduct (the Code) will also be introduced from 1 December 2022, covering all approved providers, their workers and their governing persons. The Code sets out eight (8) behaviour statements that the aforementioned are expected to comply with.
The eight behaviour statements
The Code includes eight elements that describe behaviours expected of approved providers, aged care workers and governing persons. These elements are consistent with community expectations, consumer rights and existing standards and expectations for how providers should behave (described across a range of provider responsibilities) and reflect similar standards of behaviour to that of the NDIS Code of Conduct.
When providing care, supports and services to people, approved providers, their staff and governing persons 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 people
- provide care, supports and services in a safe and competent manner, with care and skill
- 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:
- all forms of violence, discrimination, exploitation, neglect and abuse
- sexual misconduct
- take all reasonable steps to prevent and respond to:
- all forms of violence, discrimination, exploitation, neglect and abuse
- sexual misconduct
Practical considerations for home care providers
Approved providers should:
- Update induction and training schedules and manuals to ensure and understanding of the new requirements under the Code.
- Maintain records of attendance at induction and training on this topic.
- Ensure all staff are provided with a copy of the new Code of Conduct – Guidance for Aged Care Workers and Governing Persons and record their acknowledgement of receipt and understanding.
- Update their Employee Manuals and HR policies around induction, training, learning and development and disciplinary actions applicable for unsatisfactory conduct and misconduct in respect of the Code.
- Update their Corporate Governance Policies to reflect the responsibilities of the organisation, their workers and governing persons and who/how it will meet to ensure appropriate governance over all matters reflected in the Code.
Changes to Provider Governance
Changes to provider governance are also being introduced and will apply to new providers who register on or after 1 December 2022. Existing providers have until 1 December 2023 to meet the new requirements.
The changes stipulate that governing bodies of approved providers must:
- have a majority of independent, non-executive members
- appoint at least one member who has experience in providing clinical care
However, these requirements do not apply if the provider:
- has fewer than five governing body members and 40 care recipients
- is an Aboriginal Community-Controlled Organisation
- is a state, territory, state or territory authority, or local government authority.
Approved providers must also:
- establish a quality care advisory body which must provide the governing body a written report about the provider’s quality of care for each of its services every six months
- write to all care recipients and their representatives every 12 months to seek interest in establishing one or more consumer advisory bodies
- review the suitability of its key personnel every 12 months and keep a record of their assessment
- notify the Commissioner within 14 days when:
- an individual becomes a key personnel; or
- an individual stops being a key personnel; or
- the provider becomes aware of a change of circumstances relating to a key personnel’s suitability
Key personnel must notify their employing provider within 14 days of any changes that affect their suitability to perform their role. The notification must be in writing.
More information on these changes can be found here.
How can SoCom Consulting Assist you?
SoCom Consulting advises on NDIS and Aged Care Provider applications, policies and procedures, compliance and strategic business development. To discuss how we can assist you, Contact Us.
All of our Aged Care Policy Packs have been updated to include the above changes and can be found in our store.
