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Hospital Circular 18/2007

Date Issued: 13 August 2007

Distribution: Chief Executive Officers, Executive Directors of Nursing, Managers Aged Care: Public Hospitals and Health Services.

Subject: Residential Aged Care – Compulsory Reporting of incidents involving alleged or suspected reportable assaults.

Purpose: To advise you of a requirement for Victorian public sector residential aged care providers to report any alleged or suspected sexual and serious physical assault to DHS at the same time these are reported to the Commonwealth and Victoria Police.

1. Background

In mid 2006 the Commonwealth Government, Department of Health and Ageing (DoHA), announced its intention to introduce a number of major new safeguards against elder abuse that would apply to aged care providers subsidised under the Aged Care Act 1997, including residential aged care services (RACS), Community Aged Care Packages (CACPs), Extended Aged Care at Home (EACH), EACH Dementia and transitional programs.

The reforms were:

• Compulsory national police checks for aged care staff and volunteers (compliance by the end of September 2007);
• Increased numbers of random spot checks by the Agency on residential aged care services (commenced 1 July 2006);
• New Aged Care Commissioner (formerly the Commissioner for Complaints), with wide ranging investigative powers (commenced 1 May 2007);
• A new Office for Aged Care Quality and Compliance to replace the Aged Care Complaints Resolution Scheme with rigorous new complaints investigative procedures (commenced 1 May 2007);
• Compulsory reporting of alleged and suspect sexual and serious physical assault (commenced 1 July 2007);
• Legislative protection for whistleblowers (commenced 1 July 2007).

The reforms are underpinned by changes to the Act and Aged Care Principles. Refer:  http://www.health.gov.au/oacqc.

2. Introduction of compulsory reporting of alleged and suspect sexual and serious physical assault (commenced 1 July 2007)

The stated aim of the compulsory reporting requirements is to further increase the safety and protection of residents in Commonwealth Government subsidised aged care homes.

2.1  On 22 June 2007, the Commonwealth Government issued Guidelines to residential aged care service providers for the new compulsory reporting requirements and whistleblower legislative protection. Refer: Compulsory Reporting Guidelines For Aged Care Providers (PDF 287 KB) (Link to external website)

2.2  From 1 July 2007, under amendments to the Aged Care Act 1997 (the Act),  approved providers must report allegations or suspicions of unlawful sexual contact, or unreasonable use of force, on a resident of a Commonwealth Government subsidised aged care home.

The report must be made to the police and the Commonwealth Department of Health and Ageing (DoHA) within 24 hours of the allegation, or when the approved provider starts to suspect a reportable assault. A reportable assault is defined in sub section 63–1AA(9) of the Act and in section 3 of these Guidelines and includes unlawful sexual contact and unreasonable use of force. Compulsory reports are to be made to DoHA via the Aged Care Complaints Investigation Scheme telephone 1800 550 552

2.3   Providers are also required to have systems and protocols in place to  enable compulsory reporting and provide protections for staff that report.

2.4  Aged care residents, their families and advocates, visiting  medical practitioners, other allied health professionals, volunteers and visitors are not required under the Act to compulsorily report assault. However, these people are strongly encouraged to report instances of abuse, neglect or poor quality care to the Aged Care Complaints Investigation Scheme on 1800 550 552.

2.5  Approved providers must keep  consolidated records of all incidents involving allegations or suspicions of reportable assaults. These records and compliance with compulsory reporting requirements will be subject to monitoring by DoHA and the Aged Care Standards and Accreditation Agency.

3.  Parallel Reporting Requirement for Victorian public sector residential aged care providers

3.1  Effective immediately, DHS requires Victorian public sector residential aged care     service (PSRACS) providers to report these incidents to the Department of Human Services (DHS), at the same time as making the Compulsory Report is made to  DoHA and Victoria Police.

3.2  This “parallel reporting” requirement is intended to ensure that DHS is informed of   all such alleged or suspected incidents in PSRACS.

4.  Process for reporting to DHS

4.1   DHS has developed the attached PSRACS Report Incident form based on the information compulsorily required by DoHA. The DHS Parallel Report Incident form contains no resident identifying information.

4.2    The DHS Parallel Report Incident form is available on the DHS Aged Care website at http://www.health.vic.gov.au/agedcare/services/psracs.htm.

4.3  The form can be forwarded to DHS in one of the following three ways:

4.3.1     Option 1: Fill in the form on the DHS website  (http://www.health.vic.gov.au/agedcare/services/psracs.htm) and submit a report on-line.

4.3.2    Option 2:Download a word version of the report form (http://www.health.vic.gov.au/agedcare/services/psracs.htm) Complete the details electronically and email as an attachment directly to psracscir@dhs.vic.gov.au

4.3.3    Option 3: Download and print copies of a PDF version of the report form (http://www.health.vic.gov.au/agedcare/services/psracs.htm) to enable a hard copy version to be filled out and faxed to DHS at the following designated fax number: 1300 658 090.

4.4  on receipt of the parallel report form, DHS Aged Care Branch will contact the reporting PSRACS provider to acknowledge receipt and provide support and advice as required.

5.  Further Information

Enquiries should initially be raised with your DHS regional contact, then if required submitted for a central response through the e-mail address psracscir@dhs.vic.gov.au

For queries on this circular please contact: Frank Carlus on (03) 9096-7795 or e-mail frank.carlus@dhs.vic.gov.au

Approved by: