Aged care providers that fail to comply with the new Code of Conduct, which came into effect on 1 December last year, may be subject to a fine of nearly $350,000.
Aged care workers who breach the Code could face penalties of $68,750. Aged care workers will be liable to pay the penalty themself – not their provider employer.
The Code of Conduct was released in response to the Royal Commission, and sets out minimum standards of behaviour to ensure consumers receive “safe, respectful and quality” care. It applies to aged care providers, people in governing positions, and staff.
In an article titled, ‘New powers and responsibilities under the Code of Conduct for Aged Care - How do they affect providers?’, Victor Harcourt, Principal with Russell Kennedy Lawyers, writes, “Approved providers are responsible for taking reasonable steps to ensure their workers and governing persons are compliant with the Code.”
The Aged Care Quality and Safety Commission (ACQSC) has been granted additional powers that allow it to enforce the Code of Conduct, including the powers to impose civil penalties, undertake investigations, impose banning order, enter premises, and request information or documents.
Victor told The SOURCE, the current maximum penalty for failing to comply with the Code of Conduct is as follows.
| Approved provider | 250 penalty units (can be multiplied up to 5 times if the approved provider is a body corporate) | $343,750 |
| Aged care worker | 250 penalty units | $68,750 |
| Governing person | 250 penalty units | $68,750
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From 1 January 2023, the value of a penalty unit is $275.
