Oct 15, 2020

Aged care regulator spends $30,000 on lawyers for ABC information request

 

The aged care watchdog paid a top-tier legal firm $30,000 to respond to a Freedom of Information (FOI) request from the ABC.

The Aged Care Quality and Safety Commission contracted Clayton Utz to advise it on a FOI request from the ABC about COVID-19, according to a report by the ABC.

The contract was worth $28,900, almost as much as a level 3 home care package.

The regulator told the ABC the legal firm was engaged to deal with “multiple” enquiries, and the nature of the work extended “well beyond a single day’s work”.

“The commission routinely seeks legal advice in responding to FOI requests to ensure that we comply with all relevant legislation,” the commission told the ABC.

“If the commission’s legal staff are unavailable to provide this advice, a decision can be made to obtain external legal advice,” it said.

Watchdog audits decline during pandemic

It appears that the FOI requests were lodged after ACQSC Commissioner Janet Anderson revealed, when appearing before the Royal Commission into Aged Care Quality and Safety, that the number of quality checks being carried out on nursing homes had fallen during the pandemic.

Commissioner Janet Anderson recently told the Royal Commission the number of aged care audits had actually fallen during the COVID-19 pandemic, despite the Commission being given $6.5 million to employ additional assessors.

However, the regulator had audited only 13 per cent, or 30, of the 220 aged care homes that had experienced COVID-19 outbreaks, the ABC says.

In the inquiry by the Royal Commission into Aged Care Quality and Safety into aged care’s response to COVID-19, Commissioner Janet Anderson admitted the number of home care quality inspections had also declined.

In the March quarter of 2019, there were 145 home care quality reviews. In the June quarter, there were 181 home care quality reviews. But in the September quarter there were only 24 reviews, there were 22 reviews in the December quarter, and 29 in the March 2020 quarter.

Ms Anderson admitted, “I think the point you are making is valid … regulatory activity in so far as you would include quality reviews and assessment contacts, as reported, have declined.”

The decline was attributed to increased staff turnover, in part because of the retirement of a number of experienced staff, but also because of the use of contractors.

HelloCare reached out to the Aged Care Quality and Safety Commission for this article but at the time of publishing had not received a response.

Image: Violeta Stoimenova, iStock.

Leave a Reply

Your email address will not be published. Required fields are marked *

Advertisement
Advertisement
Advertisement

Hero Nurses: Risking it All for the Duty of Care

It’s made headlines around the world – “Hero nurse arrested for refusing to give patient’s blood to police”. Video footage of a Utah nurse went viral as she was arrested for trying to stop police from taking blood from an unconscious patient without consent. The nurse, Alex Wubbels, explained that hospital policy prevented her from... Read More

Too soon to assess providers’ readiness for new standards

The head of the aged care quality regulator has said it’s too soon to tell how well providers are adapting to the new quality standards, but she said some providers are “kicking goals” while others are “less mature in their understanding”. Commissioner of the Aged Care Quality and Safety Commission, Janet Anderson, has told those... Read More

Why some nursing homes are better at protecting residents and staff from COVID-19

The coronavirus pandemic has posed a serious threat to the US long-term care industry. A third of all deaths have been nursing home residents or workers – in some states it’s more than half. Yet some long-term care facilities have managed to keep the virus at bay. For example, veterans’ homes in California have seen... Read More
Advertisement