New aged care governance requirements – what should providers be doing to prepare?

overview

There are a number of new aged care governance requirements that came into force on 1 December 2022, but with a delayed application of 12 months for existing providers.

That means existing providers need to be ready to comply by 1 December 2023.

The requirements relate to:

  • Membership of governing bodies;
  • Advisory bodies;
  • Wholly owned subsidiaries;
  • Key personnel suitability and staff skills and qualifications;
  • Giving of information and reports.

Some of these new requirements may have significant practical implications – such as requiring the recruitment of new board members or advisory body members, requiring an amendment to the provider’s constitution or requiring policies and procedures to be put in place.

These practical implications relate mainly to the requirements for membership of governing bodies, advisory bodies, and key personnel and staff suitability – these are the areas that we discuss in this episode.

You can find other information and resources at oloughlinsonair.com.au. O’Loughlins is a legal firm based in South Australia. The information in this podcast is for general information only and not to be relied on as legal or other advice. Please consult with your legal advisor for advice about your particular circumstances.

 

authors

Rebecca Barr

Rebecca Barr | Partner

Rebecca specialises in advising the health, aged care and retirement living sectors on a broad range of issues, from mergers and acquisitions and commercial matters through to regulatory advice. She has worked in Adelaide and interstate at an international law firm.

Rebecca is also the host and producer of O'Loughlins on air, a podcast on current legal issues in health, aged care and retirement living.

Peter Myhill

Peter Myhill | Consultant

Peter is a nationally recognised leader in advising the retirement living and aged care sectors. He consults to these sectors across a wide range of areas including incident management, mergers and acquisitions, documentation compliance and corporate governance.

Having held a range of board appointments in various sectors, Peter is currently a member of the Residential Care Forum of Ageing Australia.

Melanie Fuss

Melanie Fuss | Special Counsel

Melanie has more than 20 years’ experience in a wide range of legal roles covering areas of practice including property, commercial and government.

Since joining O’Loughlins in 2018, she has specialised in advising clients in the health, aged care and retirement living sector.

Melanie’s broad experience, along with her knowledge of the sector, enables her to navigate complex regulatory regimes, draft user-friendly documents and deal with the multifaceted issues that arise in an ever-changing sector.

Disclaimer

This podcast and related resources are for general information only and are not to be relied on as legal or other advice.  Please consult with your legal advisor for advice about your particular circumstances.