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LIV supports wide ranging reforms to improve aged care quality

LIV supports wide ranging reforms to improve aged care quality

By LIV Media


The Law Institute of Victoria has made 18 key recommendations to improve the quality of aged care and inform the work of the Royal Commission into Aged Care Quality and Safety.

LIV President Stuart Webb said the recommendations were contained in the LIV contribution to the Law Council of Australia’s submission to the Royal Commission.

“Our treatment of our vulnerable elderly community members in aged care is governed by a complex legislative framework which is ripe for review,” Mr Webb said.

The key LIV recommendations include restrictive practices safeguards:

  • Clearly setting out mandatory requirements for controlling the physical and chemical restraint of residents in aged care facilities, to minimise restraint, ensure it is used as a last resort and that the resident and their family are fully consulted before restraints are used;
  • Restricting the use of psychotropic medications, whether to control behaviour or for a medical purpose, by requiring any such medications only be given with the consent of the resident or their medical treatment decision maker;
  • Requiring the consent of a medical practitioner nominated by the resident, or an independent medical practitioner for the provision of psychotropic medications
  • Requiring psychotropic medications only be prescribed for a maximum of a month, after which a full medical review is required.

Mr Webb said the LIV also supported the appointment of an Aged Care Ombudsman to investigate aged care facilities on its own motion, or after a complaint.

The LIV identified a number of reasons why aged care facilities fail to provide a high quality of care. These include ageist views informing policy making; narrow reporting mechanisms; irregular and inadequate monitoring; ineffective complaints handling; secrecy and concealment; complexity in federal and state laws, and subsequently a lack of knowledge of them.

“We must do better to protect our aging care residents in their final years. We are looking forward to the Royal Commission final report to shine a light on practices that must end and ways to improve aged care,” Mr Webb said.

Read the LIV’s views



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