COURSE OVERVIEW:

Welcome to the Legislative & Regulatory Obligations in Aged Care course. This program has been developed to support aged care professionals, service managers, and direct care staff in navigating the complex legal and regulatory frameworks that underpin quality care delivery in Australian residential, home, and community-based aged care settings. The course explores the full spectrum of national and state-based legal obligations, while also reinforcing the ethical responsibilities that define person-centred, respectful, and compliant aged care practice.

Legal compliance in aged care is not only a requirement—it is a safeguard that ensures the dignity, safety, and wellbeing of older Australians. This course begins by introducing the scope and purpose of legislative obligations in the aged care sector, with a focus on how compliance affects the quality of care, funding eligibility, workforce standards, and public trust. It outlines the statutory responsibilities of approved providers and aged care staff under national legislation and explains how these duties contribute to risk mitigation, accreditation, and accountability across all service environments.

Ethical conduct forms the foundation of compassionate and respectful aged care. This section explores how ethics guide complex decision-making involving autonomy, vulnerability, and intergenerational dynamics. It also highlights the importance of aligning ethical practice with the Charter of Aged Care Rights, organisational codes of conduct, and broader community expectations. Emphasis is placed on ensuring informed choice, consent, cultural sensitivity, and meaningful engagement with older people and their families.

Aged care governance in Australia is structured through a national regulatory framework involving multiple oversight bodies. This section outlines the roles of the Department of Health and Aged Care, the Aged Care Quality and Safety Commission (ACQSC), and relevant Commonwealth regulators. It explains how legislative requirements interact with quality standards, service funding arrangements, complaints systems, and compliance monitoring processes. The section also highlights the impact of law and policy reform, including recent changes aligned with the 2021 aged care sector overhaul and the outcomes of the Royal Commission into Aged Care Quality and Safety.

The Aged Care Act 1997 is the principal legislation governing aged care services in Australia. This section explores its updated provisions, which define funding structures, approved provider obligations, and care delivery models. It introduces related legislative instruments such as the Aged Care Quality and Safety Commission Act 2018 and the Aged Care (Single Quality Framework) Principles 2018, which establish provider expectations and regulatory powers. The Charter of Aged Care Rights 2019 is also examined, outlining the 14 legally protected rights that apply to every aged care recipient, including the right to dignity, freedom from abuse, and participation in decisions about care.

Quality and safety standards form the benchmark for service assessment and compliance. This section provides an in-depth overview of the eight Aged Care Quality Standards, which govern clinical care, personal support, feedback systems, service environment, and workforce responsiveness. It also introduces the Serious Incident Response Scheme (SIRS), which mandates timely reporting of incidents such as physical or sexual assault, neglect, unexplained absences, and inappropriate restraint. The National Aged Care Mandatory Quality Indicator Program is explored as a tool for monitoring health outcomes and identifying systemic risks.

Aged care providers must also comply with broader human rights and anti-discrimination laws. This section examines the Australian Human Rights Commission Act 1986, Disability Discrimination Act 1992, Sex Discrimination Act 1984, and Racial Discrimination Act 1975, which together protect older people from unfair treatment and exclusion. The Privacy Act 1988, including the Australian Privacy Principles, is also addressed, with a focus on lawful collection, storage, and sharing of sensitive personal and health information. This includes the ethical use of digital systems such as My Health Record under the My Health Records Act 2012.

Medication management and clinical safety are heavily regulated in aged care environments. This section introduces the Therapeutic Goods Act 1989 and the Poisons Standard (SUSMP), which govern medication safety, storage, and administration. Key areas include safe use of Schedule 4 and Schedule 8 medicines, medication reconciliation, and the delegation of medication tasks within appropriate clinical governance frameworks.

Employment practices in aged care are subject to national workplace laws. This section outlines the application of the Fair Work Act 2009 in the context of shift work, leave entitlements, award coverage, and whistleblower protections for aged care workers. It also covers the Work Health and Safety Act 2011, which imposes duties on providers to ensure safe and healthy work environments. Topics include manual handling procedures, PPE use, psychological wellbeing, fatigue management, and emergency response planning. The Modern Slavery Act 2018 is also introduced, highlighting its relevance for larger providers required to assess supply chain risks and report on ethical procurement.

State and territory legislation supplements national aged care laws. This section reviews relevant public health statutes, including state-based infection control, food safety, and outbreak response requirements. It also considers the intersection with Mental Health Acts, particularly when supporting older people experiencing cognitive decline, psychiatric conditions, or dual diagnoses that require careful legal and clinical coordination.

Supported decision-making and guardianship laws vary by jurisdiction and are critical in aged care, where cognitive impairment and complex consent scenarios are common. This section outlines the specific guardianship and administration Acts across all Australian states and territories, with a focus on substitute decision-making, enduring powers of attorney, and tribunal orders. The section explains how to lawfully engage with substitute decision-makers while preserving the rights, preferences, and dignity of older individuals.

Mandatory reporting is an enforceable duty under the aged care regulatory system. This section revisits the Aged Care Act 1997 and its Schedule 1 requirements under the Serious Incident Response Scheme (SIRS), which obligate providers to report incidents such as assault, neglect, chemical restraint, or unlawful sexual contact within strict timeframes. It also clarifies additional reporting obligations that may arise under state legislation—such as when child visitors are present, or when services cross into disability or mental health support jurisdictions.

Restrictive practices in aged care are subject to legal limits and must align with both Commonwealth and jurisdiction-specific governance. This section explains the definitions and safeguards associated with physical, chemical, environmental, and mechanical restraints, as outlined in Schedule 1 of the Aged Care Act 1997. It also examines the intersecting legal duties under mental health or guardianship legislation, which may further restrict or guide the use of restrictive practices, particularly where a person lacks decision-making capacity.

By the end of this course, you will have a robust understanding of the legal and regulatory obligations that underpin aged care delivery in Australia. You will be equipped to uphold the rights, safety, and dignity of older people while ensuring that your organisation operates in full compliance with national legislation, quality standards, and ethical expectations.

Each section is complemented with examples to illustrate the concepts and techniques discussed.

LEARNING OUTCOMES:

By the end of this course, you will be able to understand the following topics:

1. Introduction to Legislative Obligations and Ethical Compliance in Aged Care

Purpose and Scope of Legal Obligations in Aged Care

• Ensuring safety, dignity, and wellbeing for older Australians through legislative compliance.
• Clarifying provider responsibilities under national aged care legislation and standards.
• Understanding how compliance affects care quality, funding, and accountability.

The Role of Ethical Conduct in Aged Care

• Ethical care as the foundation of respectful, compassionate practice.
• Navigating complex decisions involving autonomy, safety, and family dynamics.
• Aligning with both organisational values and the Charter of Aged Care Rights.

National Regulatory Structure and Governance

• Roles of the Department of Health and Aged Care, Aged Care Quality and Safety Commission (ACQSC), and other regulators.
• Interplay between law, accreditation, funding compliance, and service delivery.

2. National (Commonwealth) Legislation

Core Aged Care Laws

• Aged Care Act 1997 (updated to reflect 2021 reforms): The primary legal framework for funding, regulation, and service types.
• Aged Care Quality and Safety Commission Act 2018: Establishes the regulator and powers for compliance action.
• Aged Care (Single Quality Framework) Principles 2018: Practice standards, assessment arrangements, and provider responsibilities.
• Charter of Aged Care Rights 2019: Sets out 14 legally protected rights for every care recipient.

Quality and Safety Standards

• Aged Care Quality Standards (8 standards): Including dignity, personal care, clinical governance, and feedback systems.
• Serious Incident Response Scheme (SIRS): Mandatory reporting of abuse, neglect, and other serious events.
• National Aged Care Mandatory Quality Indicator Program: Data-driven monitoring of key health and service outcomes.

Rights and Protections

• Australian Human Rights Commission Act 1986: Anti-discrimination and complaint mechanisms.
• Privacy Act 1988 (incl. Australian Privacy Principles): Governs collection, storage, and sharing of resident information.
• Disability Discrimination Act 1992: Equal access to care for older people with disabilities.
• Racial Discrimination Act 1975 and Sex Discrimination Act 1984: Prohibit discriminatory treatment based on race, sex, or gender identity.

Health and Medication Governance

• Therapeutic Goods Act 1989: Safety and efficacy of medications and medical devices.
• Poisons Standard (SUSMP): Controls on medication storage, labelling, and administration.
• My Health Records Act 2012: Informed use of digital health records and electronic sharing with GPs and specialists.

Workplace and Employment Law

• Fair Work Act 2009: Employment entitlements, rostering, leave, and union protections for aged care workers.
• Work Health and Safety Act 2011: Physical and psychological safety obligations for workers and residents.
• Modern Slavery Act 2018: Risk assessment and reporting for larger aged care providers.

3. State/Territory Legislation

Public Health and Safety Regulations

• Public Health Acts (food safety, infection control, outbreak management).
• Mental Health Acts: Compulsory treatment, cognitive decline, or dual diagnoses.

Guardianship and Decision-Making Frameworks

• NSW: Guardianship Act 1987
• VIC: Guardianship and Administration Act 2019
• QLD: Guardianship and Administration Act 2000
• WA: Guardianship and Administration Act 1990
• SA: Guardianship and Administration Act 1993
• TAS: Guardianship and Administration Act 1995
• ACT: Guardianship and Management of Property Act 1991
• NT: Guardianship of Adults Act 2016

Mandatory Reporting Requirements

• Aged Care Act 1997: Serious incidents (e.g. sexual assault, neglect, or chemical restraint) must be reported under SIRS.

• Additional state-based reporting laws may apply if child visitors are involved, or if service scope intersects with disability care.

Work Health and Safety Legislation

• All jurisdictions apply Work Health and Safety (WHS) legislation aligned to the WHS Act 2011, except Victoria (OHS Act 2004).
• Covers manual handling, PPE use, staff fatigue, aggression management, and WHS consultative structures.

Restrictive Practices Governance

• Aged Care Act 1997 (Schedule 1) provides definitions, authorisation requirements, and behaviour support plan obligations.
• In some jurisdictions, Mental Health Acts or Guardianship laws impose additional limits on physical, chemical, and environmental restraints.

COURSE DURATION:

The typical duration of this course is approximately 2-3 hours to complete. Your enrolment is Valid for 12 Months. Start anytime and study at your own pace.

COURSE REQUIREMENTS:

You must have access to a computer or any mobile device with Adobe Acrobat Reader (free PDF Viewer) installed, to complete this course.

COURSE DELIVERY:

Purchase and download course content.

ASSESSMENT:

A simple 10-question true or false quiz with Unlimited Submission Attempts.

CERTIFICATION:

Upon course completion, you will receive a customised digital “Certificate of Completion”.