A case concerning sanctions under the Aged Care Act 1997 as well as non-compliance with Accreditation standards.
The matter related to a residential health care provider which catered particularly for residents with dementia and related disorders in numerous residential facilities across a state. Following an unannounced visit by two assessors employed by the Aged Care Standards and Accreditation Agency Ltd to one of the facilities the assessors observed that the particular facility visited did not meet the expected outcome that “residents receive adequate nourishment and hydration”. Their findings were considered by the State Manager of the Agency who reported to the Secretary, Department of Health and Ageing (the respondent in the proceedings) that there was a “serious risk” to residents at the facility. The State Manager recommended that sanctions be imposed on the health care facility. Sanctions were thus imposed upon the healthcare provider by a delegate of the Secretary. That decision was affirmed on reconsideration. A further decision was made by another delegate of the Secretary not to wholly lift the sanctions imposed. The decisions to impose the sanctions and to refuse, in part, to lift the sanctions were the subject matter of two applications in the Tribunal.
Scott McLeod acted for the respondent, instructed by Clayton Utz.
The judgment can be read here.