The first steps towards implementing the new aged care regulatory framework have been taken with the Federal Government releasing a Concept Paper: Concepts for a new framework for regulating aged care (Concept Design Paper) this week.

The Concept Design Paper outlines the concepts and principles that will underpin the Government’s approach to designing a new aged care regulatory framework. The new framework will be developed simultaneously with the new Aged Care Act and the new Support at Home Program, both due to commence on 1 July 2023. This paper follows the recent Support at Home Program Overview paper released by the Government in January 2022, which provides an overview of the proposed design of the Support at Home Program.

In the Concept Design Paper, the Government acknowledges there is an opportunity to address criticisms and challenges with the current system and that a new, best practice and risk proportionate aged care regulatory framework should be designed that is built on a human rights, person centred approach. This includes review of the approved provider model, with alternative approaches to market-entry, service delivery controls and market exit conditions under consideration.

The paper includes a set of Principles for the Aged Care Regulatory Framework, being the following six principles that will underpin the design of the new regulatory framework:

• The foundations of the future regulatory framework is underpinned by a human rights based and person-centred approach.
• The regulatory framework is contemporary, responsive and future-proof in its design and delivery.
• Attention is prioritised to areas of the highest risk.
• Sustainability of the aged care system is enabled without compromise to protections and service quality.
• Regulatory alignment is pursued under the framework where possible.
• Regulation is maintained through a graduated and risk proportionate approach.

With reference to these principles, the Concept Paper goes on to introduce:

• concepts around regulation and regulatory frameworks, including information about the core elements of regulatory frameworks, which essentially form the building blocks of different types of regulatory frameworks, and which will need to be considered when designing a new aged care regulatory framework;
• the key challenges with existing aged care regulation, with reference to the issues identified by the Royal Commission into Aged Care Quality and Safety and industry stakeholders, and opportunities of designing a more contemporary and fit for purpose framework and how that might be achieved; and
• a future state view of the aged care regulatory framework, including foundational concepts that will underpin the new framework, including a person-centred and risk proportionate approach.

Consultation will commence in early 2022. The paper outlines a number of opportunities for stakeholders to get involved in the Government’s consultation process, all of which can be accessed via the Ageing and Aged Care Engagement Hub, and will include participating in written surveys, providing written submissions and participating in a workshop or focus group.

Thomson Geer’s national Health, Aged Care and Retirement Villages team will also be continuing to assist providers to navigate the Government’s aged care reforms, through blog updates and further webinars. Please contact a member of our team if you have any questions about the Concept Paper or the aged care reforms generally.

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