Will Melbourne aged care homes that close their doors to visitors during community outbreaks face repercussions? Quality and Safety Commissioner says Industry Code allows providers to “vary their own response” – but assessors looking at visitor complaints

With Estia closing the doors of its 19 aged care homes in Melbourne for two weeks this week, the question must be asked: will they be penalised for preventing families from visiting residents? We put it to Janet Anderson PSM, the Aged Care Quality and Safety Commissioner – here’s her response. Ms Anderson says all aged care providers are required to comply with their responsibilities under the Aged Care Act, including the Aged Care Quality Standards and the Charter of Aged Care Rights. “The Commission expects aged care providers to exercise care and compassion in applying restrictions, keeping consumers at the centre of decision-making and ensuring that equal attention and effort is given to keeping individual residents safe and ensuring their ongoing connection with family members for psychosocial support,” she said. The Commissioner added that providers in Victoria are expected to comply with the Care Facilities Directions (No 5) made under the Public Health and Wellbeing Act 2008 (Vic), which is based on the advice from the Australian Health Protection Principal Committee (AHPPC). If providers choose to introduce or modify their arrangements for visitor access during the pandemic, Ms Anderson says they should refer to the ‘Industry Code for Visiting Residential Aged Care Homes during COVID-19’ for guidance. “It is noted that clause 13 of the Code indicates that ‘Providers will vary their own response to COVID-19 as risks change within their local community’.” This suggests providers do have a basis for closing homes to visitors, given the widespread number of community outbreaks across Melbourne. However, the Commissioner reminds providers that how they apply the Code will be taken into consideration when the Commission assesses the service. “Evidence of how a service is applying the Code will be considered, where relevant, by the Commission in monitoring and assessing a provider in relation to the Aged Care Quality Standards and the Aged Care Charter of Rights.  This same evidence will also be considered when the Commission receives a complaint about a provider’s visitor access arrangements during the pandemic.” Ms Anderson added that the Commission is continuing to undertake site visits and assessment contacts with providers to monitor their compliance with the Aged Care Quality Standards including their preparedness for a COVID-19 outbreak and management of visitor restrictions – and holding them to account for non-compliance through a range of measures including issuing directions, notices to remedy, non-compliance notices, or imposing sanctions. The message seems to be: providers can close their doors if they assess the risk to residents is too high, but be prepared to explain your risk assessment to the assessors – and that they may not accept it.