Retirement Living Council’s concerns with Exposure Draft Aged Care Bill 2023 very clear

The Property Council's retirement living division is seeking changes to the proposed new Act to protect operators, like LDK, RetireAustralia and Odyssey Lifestyle Care Communities, who provide fee-for service private aged care. 

"The inclusion (of retirement villages in the Bill) has caused concern and confusion within the sector as consultation to date has not specifically envisaged retirement villages being captured in the new Bill. For the avoidance of doubt, it should be made clear that retirement village operators who do not provide government-funded aged care are not captured by the Bill,” the Retirement Living Council (RLC) state. 

“A place within,” as referenced above in section 9(3)(b) a retirement village is not easily understood in the current drafting. Retirement communities typically refer to dwellings as ‘independent living units,’ however a place within a retirement village could also extend to a bed, serviced apartment or common areas within the village setting. It is recommended that this terminology be clarified for better understanding.  

"Furthermore, there is limited explanation or understanding of the term “converted.” Is it the intention of the Bill that, once converted, that a “place” within a retirement village no longer operates under the relevant state RV Act? What are the impacts to residents who have existing rights and obligations under the relevant RV Act?" 

Exclusively revealed by The SOURCE on 5 March, the RLC is lobbying the Department of Health and Aged Care to trial a shared care model, which provides three models for retirement village operators to deliver community-based care services under the Support at Home program within the village setting, either independently or through a delivery partner.  

“It is no longer possible to consider the future of aged care without discussing the important housing and health value proposition of privately funded retirement communities,” RLC Executive Director Daniel Gannon said.  

The RLC is seeking redrafting and clarification of several matters in the Bill. 

"Ultimately, the sector seeks to understand whether the intention of the Bill seeks to impose the applicable obligations and regulations of the aged care sector on retirement communities if certain levels of care are being provided in a private capacity, or whether retirement operators can choose to pursue an Residential Care Home (RCH) status (subject to being an approved RCH provider) for its facilities and services provided? 

"Further clarity is sought regarding the delivery of Homecare Packages, and whether these government services might be perceived to warrant an RCH status (outside of becoming a registered provider) as a factor in determining whether an RV operator ’must’ become a RCH? It is the RLC’s strong feedback that this should not be the case, given that other registered providers would not be captured under this drafting." 

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