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COVID-19 Regulatory Changes

Residential Aged Care

Last Updated: June 3, 2021

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CompliSpace has put together the following matrix of legislative and regulatory changes, best practice resources, and advice from regulators and government departments to ensure that your organisation has the most up-to-date information regarding your obligations regarding the prevention and management of COVID-19 outbreaks.

COVID-19 advice and obligations are changing almost weekly at the moment, so it is not always possible for your organisation to have all its policies and procedures reflect new advice in a timely way. This resource will ensure that you are aware of changing advice and obligations as they happen, while we continue to work with you on maintaining and updating policies, procedures and practice.

Please ensure that you check this resource regularly (we suggest once a week). If you'd like to opt-in for an email that notifies you when this page is updated, please click the button below.

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Importantly, this Page relates to COVID-19 legislative and regulatory updates only. It does not replace the quarterly Aged Care Law Monitor publication that encompasses legislative and regulatory updates in other subject areas.

 

If you'd like a print-friendly version of the updates, please click below.

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COVID-19 updates that have expired (i.e. they are no longer in effect), or that are older than two weeks and do not have a significant impact on your business operations, have been archived. To view previous versions of the page, click here to see the archive section below.

What to Look For

The following legend is used to assist your organisation in prioritising its response to COVID-19 advice and obligations:

 

new

Indicates a change/addition that is new to this Landing Page (removed after a change has been in place for 2 weeks)

CompliCare Icon-1

Indicates that the associated CompliCare content has been updated to reflect the change/addition.

Red Circle

Requires action as soon as possible

- The date of effect has already commenced or is about to commence; and
- Non-compliance could be a breach of legal obligations; or
- Non-compliance could be harmful to persons within your organisation
Yellow Circle

Requires action, but not immediately

- The date of effect is not imminent

- The recommendation is only a guideline/ not mandatory

Green Circle

No action is required due to the nature of the advice/guideline. Your organisation should still be aware of this requirement.

 

Consumer Care and Rights

 

Requirement

States/

Territories

Affected

Key Dates

Affected CompliSpace Content

Overview of Requirement

Resources

 

Yellow Circle

CompliCare Icon-1

Policy

Updated

 

COVID-19 Emergency Leave Provisions Extended

National

1 April 2020 - 30 June 2021
(Resources last updated 27 September 2020)

Financial Governance > Financial Governance Procedures

Declaration of COVID-19 pandemic as an “emergency situation” – period extended.

Emergency leave for COVID-19 was previously only available until 30 June 2020.

CompliSpace policies have been updated to reflect the Emergency Leave Entitlements. However, providers need to ensure that any fees paid by a resident, from 1 April, to retain their place whilst taking social leave must be reimbursed.

Department of Health Media Release - Leave extended for aged care residents during COVID-19

Coronavirus (COVID-19) – Information for permanent aged care residents – emergency leave

 

ACE Articles:

Emergency Leave Entitlements for Aged Care Residents – Update

 New Emergency Leave Entitlements for Aged Care Residents: What This Means for Providers

 Coronavirus Visitor Control in Aged Care: Check Your Readiness

 

Entry and Visitation Restrictions

Red Circle  This section contains the latest Aged Care restrictions, under each state/territory’s Public Health Order/Direction for Residential Aged Care Facilities.

Changes will affect the ‘Visiting Residential Aged Care Homes During COVID-19’ policy, contained in the CompliSpace Work Safe Policies Module.

 

States/

Territories

Affected

Key Dates

Overview of Changes

Resources

Red Circle

Recently

Updated

 

NSW

27 May 2021

NSW does not currently have a Public Health Order/Directive in place. Instead, providers must consider the advice of the Chief Health Officer.
The latest visitor restrictions prohibit visitors who have been to the following “hotspots” in the previous 14 days:
• Victorian places of “high concern”
• Greater Melbourne or the City of Greater Bendigo
• Any close or casual contact locations
have been to any close or casual contact locations in NSW or New Zealand

 

NSW Health Advice to residential aged care facilities

Red Circle

Recently

Updated

 

VIC

Circuit breaker restrictions are in place from 11:59pm on Thursday 27 May until 11:59pm on Thursday 3 June 2021 have been extended for greater Melbourne, with some small changes, until 11.59pm Thursday 10 June.
  • No visitors are permitted at care facilities, unless an exception applies. Exceptions apply in limited circumstances.
    Where a visit is permitted for end-of-life/ for a resident with a life-threatening condition, the following restrictions apply:
    • Two visitors at a time
    • Do not have to be from the same household
    • No time limits
    • No specified purpose required
    • A group may exceed the 'two visitors at a time' rule if dependents of a visitor (or patient in hospital) are in the group and care for the dependents cannot be arranged
    • No daily limit
    • Wear a face mask

Victorian Government Visiting care facilities

 

 

Red Circle

Recently

Updated

QLD

26 May 2021

From 30 May 2021, visitors must be vaccinated against influenza unless an exception applies.

Also note that persons awaiting the results of a COVID-19 test may still be allowed to enter the facility, in accordance with the rules under this Direction.

Aged Care Direction (No. 29)

 

Red Circle

 

ACT

 

There are currently no public health orders relating specifically to Residential Aged Care Facilities.

However, the Office of the Chief Health Officer has released public health advice (i.e. it is not legally mandated), recommending that persons should not visits RACF if they have been in a geographical area of risk in the previous 14 days.

Note: quarantine requirements still apply to persons who have been overseas, or who are close contacts of a confirmed COVID-19 case, and as such, cannot visits a RACF.

 

 

Red Circle

 

WA

23 February 2021

The Directions have been shortened to contain a succinct list of people that are precluded from entering a RACF. 

Note: refer to the ‘COVID-19 Residential Aged Care Facility (RACF) Influenza vaccination 2020 and 2021 (fluvax)’ information sheet for guidance on what is meant by an ‘up-to-date influenza vaccination’. 

Links to this information sheet and the linked WA Department of Health page.

COVID-19 information for aged care and community care providers, WA Department of Health

 

Visitors to Residential Aged Care Facilities Directions (no 7)

Red Circle

Recently

Updated

SA

24 April 2021

Persons who have travelled from “public exposure sites” are subject to restrictions on entering a RACF.

Emergency Management (Residential Aged Care Facilities No 36) (COVID-19) Direction 2020

Red Circle

NT

23 November 2020

See the resources for details of the restrictions on visits to RACFs.

COVID-19 Directions (No. 40) 2020 Directions for Aged Care Facilities

Residential aged care, Northern Territory Government

Red Circle

TAS

1 March 2021

Key requirements:
• Certain persons are precluded from RACFs, including those who have been in an area or premises identified as “medium or high-risk” for COVID-19 in the previous 14 days
• RACFs must screen visitors prior to entry
• Flu vaccinations are “strongly encouraged” for people who spend time in RACFs
• RACFs have the discretion to decide their policy on the number and duration of visits permitted, per resident.

Direction No. 11 for Residential Aged Care Facilities

Staff/Visitor Screening Tool for Residential Care Services

 

Governance

 

Requirement

States/

Territories

Affected

Key Dates

Affected CompliSpace Content

Overview of Requirement

Resources

Green Circle

Support for Aged Care Workers in COVID-19

National

4 August 2020 – 30 June 2021

Corporate Governance > Financial Governance
Human Resources Management

This grant is designed to assist with costs associated with the effects on staffing as a result of COVID-19 (e.g., single facility policy, training requirements etc.).
Note for providers applying on the grounds of single-site working arrangements: this National Fund is only for providers in the areas listed on the Health Department page (see resources) and for the specified dates (for example, if you are in NSW, your Home needs to be located in the Northern Beaches LGA area, and you had a single-site working arrangement for any period in between 18 December 2020 – 29 January 2021. Funds will not be paid for arrangements outside this period).

Support for Aged Care Workers in COVID-19 GO4215

 

Funding support for single site arrangements is ending, Department of Health

Green Circle

new

Single site funding support for COVID-19 impacted areas

VIC

27 May 2021 – 10 June 2021

Corporate Governance > Financial Governance

Human Resources

The grant funding will be available for out of pocket costs incurred during an initial two week period, from 27 May 2021 to 10 June 2021. If the hotspot declaration is extended, these arrangements will also be extended.

Guiding Principles for residential aged care – Support Hub


 

Human Resources

 

Requirement

States/Territories Affected

Key Dates

Affected CompliSpace Content

Overview of Requirement

Resources

Yellow Circle

Single-site working arrangements

SA, QLD, VIC

 

Human Resources > 

The listed States have recommended single site working arranagements.


Volunteers, workers or work experience students must notify the facility if they are providing care to residents at another facility.


The provider must maintain documentation of this.

QLD Aged Care Direction (No. 26)

VIC Health Aged care sector - coronavirus (COVID-19)

South Australia Emergency Management (Residential Aged Care Facilities No 34) (COVID-19) Direction 2020

Green Circle

Certain workers are exempt from registration and can engage in regulated activities for the period that the WWVP amendment regulation is operational

ACT

6 May 2020 – 6 May 2021

Human Resources > Recruitment and Selection Procedures

The WWVP (Background Checking) Amendment Regulation exempts Australian Defence Force (ADF) personnel, and public employees of Commonwealth, state or territory entities, from registration under the Working with Vulnerable People scheme, while engaged in ‘regulated activities’ on behalf of the Territory for the purposes of supporting the COVID-19 emergency.

 

A person will be exempt from registration and can engage in regulated activities until the new section 4A inserted by the Regulation expires (12 months from commencement).

Working with Vulnerable People (Background Checking) Amendment Regulation 2020 (ACT)

 

Related Ace Articles

Infection Prevention and Control

 

Requirement

States/Territories Affected

Key Dates

Affected CompliSpace Content

Overview of Requirement

Resources

Green Circle

 

Shortened interval between COVID-19 and Influenza Vaccine Administrations

National

Ongoing 

Infection Prevention and Control > Staff Vaccinations

The Chief Medical Officer of the Commonwealth Department of Health has urged residents and staff at RACF to get vaccinated as soon as possible.
This has resulted in a revised recommendation from ATAGI of the interval time between being administered the COVID-19 and Influenza Vaccines.

Letter from Chief Medical Officer

Green Circle

PPE Supply

National

Ongoing

Infection Prevention and Control > PPE

Providers must ensure they have a sufficient supply of PPE. They must first use their own supply before request extra supply.
If you urgently cannot source PPE, submit an online application here.

 

More Resources for Residential Aged Care Providers

ACLM-2

Quarterly report for boards and executives that summarises key legal, regulatory and compliance changes that affect the residential aged care industry.

ACE - horizontal

Aged Care Essentials (ACE) is a weekly online publication focused on helping Aged Care Providers understand their ever-changing and ever-increasing regulatory and compliance obligations.

About CompliSpace

CompliSpace specialises in governance, risk, compliance and policy management (GRC&P) solutions for organisations in highly-regulated industries including residential aged care. It helps residential aged care providers meet their obligations so they can focus on their core purpose – caring for consumers and supporting their staff.

About CompliCare

CompliCare is a solution that helps residential aged care providers continuously meet the requirements of the Aged Care Quality Standards and to create a compliance culture that staff will embrace.

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