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WillyourAgedCare
businessbeready?
Natasha

Davidson
GROUP GENERAL COUNSEL

ANSARADA
Whyare

wehere?
McCullough Robertson Partners
Scarlet Reid & Jason Munstermann

Partners
31 January 2019
Overview

oftheRoyal
Commission
▪Established on 8th October 2018
▪Justice Richard Tracey and Ms Lynelle Briggs
are the Royal Commissioners
▪Interim Report due 31 October 2019
▪Final report due 30 April 2020
▪Anticipate Hearings and 

Round Table Discussions
Termsof
reference
▪Quality of services
▪Extent of substandard care being provided
including mistreatment / abuse
▪Causes of systemic failures
▪How best to deliver care
▪Future challenges and opportunities
▪What can be done?
Preliminary

steps
▪Investigation & Information Gathering
▪Round Tables
▪Letters to the Top 100 providers requesting
that they voluntarily provide information by
7 January 2019 – many did
▪Other recipients to voluntarily provide
information by 8 February 2019
▪Preliminary Hearing – 18 January 2019
▪Review of Information and Hearing
Preparation
Requeststo

providers
Nature of request:
▪ Not compulsory but an opportunity to assist the 

Royal Commission particularly to identify and scope
commission and focus on systemic failures which 

may need a broader response
Is there a benefit in responding when there is 

no compulsion?
▪ May be discovered in any event through other agencies
▪ Is of assistance to commission
▪ Better to be prepared with response and remediation
▪ Better understanding of risk
Requeststo

providers
occasions… of substandard care including
mistreatment and all forms of abuse
Describe:
▪ Nature of substandard care
▪ Response  investigating substandard care
▪ Whether result of systemic failure
And:
▪ Was systemic failure reported?
▪ Was it an issue during accreditation/quality process 
▪ Did it result in non-compliance or imposition 

of sanctions?
investigating
substandard care
investigating
regulatory resp.
Requeststo

providers
receive complaints of substandard care
including mistreatment and all forms of abuse
Describe:
▪ Nature of substandard care
▪ Response  investigating substandard care
▪ Whether result of systemic failure
And:
▪ Was systemic failure reported?
▪ Was it an issue during accreditation/quality process 
▪ Did it result in non-compliance or imposition

of sanctions?
investigating
substandard care
investigating
regulatory resp.
Used by the Federal Parliamentary
Committee in its interim report into
investigations into Oakden where a
wide range of deficiencies were
identified.
“Substandard care”
Substandard

care
▪ Care provided which fails to meet
statutory standards
▪ Breaches of the Aged Care Act 1997 and
breaches of the standards prescribed in
the Quality of Care Principles 2014
▪ Breaches of Charter of Care Recipients
Rights and Responsibilities
▪ Community expectations
▪ Care which fails to meet “the high
standards of quality and safety that the
Australian community expects”
Disclosing

information:

key issues
▪ What is a systemic failure?
▪ Royal Commission provides FAQ’s published
in November:
“…it is recognised that some occasions of
substandard care may be an isolated incident in
a service which otherwise provides safe and
high quality care. Others reflect a breakdown or
failure on a broad or systemic basis…”
▪ Used to identify local systemic failures as well
as broader sector failures
▪ Consistent with terms of reference which
requires the Royal Commission to investigate
the ‘…causes of systemic failures…’
▪ Consider whether information will be available
in any event – statutory authorities and
regulatory agencies, available documentation:
- Mandatory record keeping (Progress notes,
medication charts, weight charts, ACFI material
and Aged Care Act compulsory reporting
incident reporting requirements)
- Incident registers
- Complaints by families,
- Miscellaneous documents: staff records,
worker’s compensation reports
▪ Consider ramifications of not disclosing and
being subsequently questioned
Disclosing

information:

key issues
PANEL DISCUSSION
Todisclose
ornotto
disclose?
Disclosure

examples
▪ Clinical outcomes:
- Medication mismanagement
- Physical abuse
- Failures to provide care in accordance with care plan
▪ Complaints of bullying culture/fear of reporting by staff
▪ Complaints of inadequate/inappropriate staff training
▪ Complaints of understaffing
▪ Complaints mismanagement
▪ Governance failures
- Failures of Board to understand culture
- Failure of board to have direct influence on care outcomes
▪ Complaints investigated as having no care outcomes
- May need to reflect
- Courier Mail / Sun Herald Test
▪ Complaints about staff/between staff with no
adverse care outcomes
▪ Single acts of limited or no care consequences
▪ Allegations that care could have been better
▪ Allegations of insufficient non clinical contact
Disclosure

examples
Disclosures:

remaining

questions
▪ Opportunity to discuss issues including:
1. Steps taken to ensure person centred care quality care,
2. Improve engagement with families/carers concerning care
3. Delivery of sustainable care through innovation
technology and labour and capital investment
4. To accommodate diversity and address barriers to access
5. Adequacy of services to younger residents
6. Difficulties at interface with other health systems

(acute and allied)
7. Other services could provide and barriers to providers
implementing them
8. Any other changes
▪ Not compulsory and will be given other opportunities
▪
Where

dowego
fromhere?
▪ Get started easily today
▪ Benchmark your
readiness with Ansarada
▪ Surface the documents
you need
▪ Prepare for your legal
counsel
▪ Get on the front foot now
▪ Be confident and ready
TheessentialAgedCareRoyalCommissionplan
tohelpyourbusinessgetreadyandstayready.
Data Unlimited
Royal Commission scorecard One
Platform licenses Up to 15
Letushelp
yourbusiness
getreadyand
stayready.

Key plan features 1 custom scorecard for the 

Aged Care Royal Commission
Business improvement guides
Team collaboration
Knowledge base & live chat support
24/7 customer success experts
(phone & email)
Dedicated customer success
manager
Option 1
$6,518.40 Paid upfront
Pricing
12 months access
Option 2
$679 Paid monthly12 months access


(Includes one off 20% discount)
EXCLUSIVE OFFER

valid until 28 February 2019



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Will your Aged Care business be ready?

  • 3. Whyare
 wehere? McCullough Robertson Partners Scarlet Reid & Jason Munstermann
 Partners 31 January 2019
  • 4. Overview
 oftheRoyal Commission ▪Established on 8th October 2018 ▪Justice Richard Tracey and Ms Lynelle Briggs are the Royal Commissioners ▪Interim Report due 31 October 2019 ▪Final report due 30 April 2020 ▪Anticipate Hearings and 
 Round Table Discussions
  • 5. Termsof reference ▪Quality of services ▪Extent of substandard care being provided including mistreatment / abuse ▪Causes of systemic failures ▪How best to deliver care ▪Future challenges and opportunities ▪What can be done?
  • 6. Preliminary
 steps ▪Investigation & Information Gathering ▪Round Tables ▪Letters to the Top 100 providers requesting that they voluntarily provide information by 7 January 2019 – many did ▪Other recipients to voluntarily provide information by 8 February 2019 ▪Preliminary Hearing – 18 January 2019 ▪Review of Information and Hearing Preparation
  • 7. Requeststo
 providers Nature of request: ▪ Not compulsory but an opportunity to assist the 
 Royal Commission particularly to identify and scope commission and focus on systemic failures which 
 may need a broader response Is there a benefit in responding when there is 
 no compulsion? ▪ May be discovered in any event through other agencies ▪ Is of assistance to commission ▪ Better to be prepared with response and remediation ▪ Better understanding of risk
  • 8. Requeststo
 providers occasions… of substandard care including mistreatment and all forms of abuse Describe: ▪ Nature of substandard care ▪ Response  investigating substandard care ▪ Whether result of systemic failure And: ▪ Was systemic failure reported? ▪ Was it an issue during accreditation/quality process  ▪ Did it result in non-compliance or imposition 
 of sanctions? investigating substandard care investigating regulatory resp.
  • 9. Requeststo
 providers receive complaints of substandard care including mistreatment and all forms of abuse Describe: ▪ Nature of substandard care ▪ Response  investigating substandard care ▪ Whether result of systemic failure And: ▪ Was systemic failure reported? ▪ Was it an issue during accreditation/quality process  ▪ Did it result in non-compliance or imposition
 of sanctions? investigating substandard care investigating regulatory resp.
  • 10. Used by the Federal Parliamentary Committee in its interim report into investigations into Oakden where a wide range of deficiencies were identified. “Substandard care”
  • 11. Substandard
 care ▪ Care provided which fails to meet statutory standards ▪ Breaches of the Aged Care Act 1997 and breaches of the standards prescribed in the Quality of Care Principles 2014 ▪ Breaches of Charter of Care Recipients Rights and Responsibilities ▪ Community expectations ▪ Care which fails to meet “the high standards of quality and safety that the Australian community expects”
  • 12. Disclosing
 information:
 key issues ▪ What is a systemic failure? ▪ Royal Commission provides FAQ’s published in November: “…it is recognised that some occasions of substandard care may be an isolated incident in a service which otherwise provides safe and high quality care. Others reflect a breakdown or failure on a broad or systemic basis…” ▪ Used to identify local systemic failures as well as broader sector failures ▪ Consistent with terms of reference which requires the Royal Commission to investigate the ‘…causes of systemic failures…’
  • 13. ▪ Consider whether information will be available in any event – statutory authorities and regulatory agencies, available documentation: - Mandatory record keeping (Progress notes, medication charts, weight charts, ACFI material and Aged Care Act compulsory reporting incident reporting requirements) - Incident registers - Complaints by families, - Miscellaneous documents: staff records, worker’s compensation reports ▪ Consider ramifications of not disclosing and being subsequently questioned Disclosing
 information:
 key issues
  • 15. Disclosure
 examples ▪ Clinical outcomes: - Medication mismanagement - Physical abuse - Failures to provide care in accordance with care plan ▪ Complaints of bullying culture/fear of reporting by staff ▪ Complaints of inadequate/inappropriate staff training ▪ Complaints of understaffing ▪ Complaints mismanagement ▪ Governance failures - Failures of Board to understand culture - Failure of board to have direct influence on care outcomes
  • 16. ▪ Complaints investigated as having no care outcomes - May need to reflect - Courier Mail / Sun Herald Test ▪ Complaints about staff/between staff with no adverse care outcomes ▪ Single acts of limited or no care consequences ▪ Allegations that care could have been better ▪ Allegations of insufficient non clinical contact Disclosure
 examples
  • 17. Disclosures:
 remaining
 questions ▪ Opportunity to discuss issues including: 1. Steps taken to ensure person centred care quality care, 2. Improve engagement with families/carers concerning care 3. Delivery of sustainable care through innovation technology and labour and capital investment 4. To accommodate diversity and address barriers to access 5. Adequacy of services to younger residents 6. Difficulties at interface with other health systems
 (acute and allied) 7. Other services could provide and barriers to providers implementing them 8. Any other changes ▪ Not compulsory and will be given other opportunities ▪
  • 18. Where
 dowego fromhere? ▪ Get started easily today ▪ Benchmark your readiness with Ansarada ▪ Surface the documents you need ▪ Prepare for your legal counsel ▪ Get on the front foot now ▪ Be confident and ready
  • 19.
  • 20.
  • 21.
  • 22. TheessentialAgedCareRoyalCommissionplan tohelpyourbusinessgetreadyandstayready. Data Unlimited Royal Commission scorecard One Platform licenses Up to 15 Letushelp yourbusiness getreadyand stayready.
 Key plan features 1 custom scorecard for the 
 Aged Care Royal Commission Business improvement guides Team collaboration Knowledge base & live chat support 24/7 customer success experts (phone & email) Dedicated customer success manager Option 1 $6,518.40 Paid upfront Pricing 12 months access Option 2 $679 Paid monthly12 months access 
 (Includes one off 20% discount) EXCLUSIVE OFFER
 valid until 28 February 2019