Footnotes

Chapter 1 - Introduction

[1]        Ms Deanna Stojanovic, Family member of Oakden resident, Committee Hansard, 21 November 2017, p. 71.

[2]        The Oakden Older Persons Mental Health Facility (Oakden) is comprised of three wards. The Makk and McLeay wards are long term Commonwealth subsidised Residential Aged Care for older people with neurocognitive disorders with severe and extreme behavioural and psychosocial symptoms of dementia (BPSD). The Clements ward provides transitional care for older people with complex, severe and enduring mental illness, while their clinical presentation is stabilised and appropriate longer term care options are identified.

[3]        Dr Aaron Groves, Chief Psychiatrist, Department for Health and Ageing (South Australian (SA) Government), Oakden Report – Report of the Oakden Review (Oakden report), April 2017, p. 1, Mr Maurice Corcoran, Principal Community Visitor, Committee Hansard,
21 November 2017, p. 25-28, Principal Community Visitor, Annual Report, Mental health Services 2015-16 and Mr Maurice Corcoran, Letter to The Hon Leesa Vlahos MP, Minister for Mental Health and Substance Abuse, 14 October 2016, (tabled 21 November 2017).

[4]        Oakden report, p. 115.

[5]        SA Government, Submission 28, p. 3.

[6]        SA Government, Submission 28, p. 3.

[7]        The Hon. Ken Wyatt AM, MP, Minister for Aged Care, 'Federal Aged Care Minister to Commission Review of Aged Care Quality Regulatory Processes ', Media Release 1 May 2017 and 'Appointment of Panel to review National Aged Care Quality Regulatory Processes', Media Release 11 May 2017.

[8]        Ms Kate Carnell AO and Professor Ron Paterson ONZM, Review of National Aged Care Quality Regulatory Processes Report, October 2017, pp. xi-xiii.

[9]        The Hon. Ken Wyatt AM, MP, Minister for Aged Care, 'Quality review released: Aged care assessment visits to be unannounced', Media Release 25 October 2017.

[10]      Ms Catherine Rule, First Assistant Secretary, Department of Health, Committee Hansard, 5 February 2018, pp. 17, 20.

[11]      Nous Group, External independent advice: Australian Aged Care Quality Agency, 31 July 2017.

[12]      Australian Aged Care Quality Agency, Quality Agency Response to Nous, available at https://www.aacqa.gov.au/about-us/response-to-nous-report, accessed 3 January 2018.

[13]      Journals of the Senate, No. 42­­, 13 June 2017, pp. 1384-1385.

[14]      Community Affairs References Committee, Inquiry webpage, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/AgedCareQuality.

[15]      Mr Stewart Johnston, Family member of Oakden resident, Committee Hansard, 21 November 2017, p. 59.

Chapter 2 - What happened at Oakden

[1]        Mrs Natasha Glowick, family member of Oakden resident, Committee Hansard, 21 November 2017, p. 71.

[2]        Mrs Barbara Spriggs, family member of Oakden resident, Committee Hansard, 21 November 2017, pp. 62–63.

[3]        Mrs Barbara Spriggs, Committee Hansard, 21 November 2017, p. 63.

[4]        Mrs Barbara Spriggs, Committee Hansard, 21 November 2017, p. 63.

[5]        Mrs Barbara Spriggs, Committee Hansard, 21 November 2017, p. 63.

[6]        Dr Aaron Groves, Chief Psychiatrist, Department for Health and Ageing (South Australian Government), Oakden Report – The report of the Oakden Review (Oakden report), p. 2; Mrs Spriggs, Committee Hansard, 21 November 2017, pp. 64–65.

[7]        Mrs Barbara Spriggs, Committee Hansard, 21 November 2017, pp. 62–65; Mr Clive Spriggs, family member of Oakden resident, Committee Hansard, 21 November 2017, pp.64–65.

[8]        Oakden report, p. 85; Principal Community Visitor Annual Report Mental Health Services 2016–17, p. 16; Mrs Barbara Spriggs, Committee Hansard, 21 November 2017, p. 64; Mr Maurice Corcoran, Principal Community Visitor (PCV), Committee Hansard, 21 November 2017, p. 25.

[9]        Mrs Barbara Spriggs, Committee Hansard, 21 November 2017, p. 64.

[10]      Mrs Barbara Spriggs, Committee Hansard, 21 November 2017, pp. 64–65; Principal Community Visitor Annual Report Mental Health Services 2016–17, p. 16.

[11]      Principal Community Visitor Annual Report Mental Health Services 2016–17, p. 17.

[12]      Mrs Patrina Cole, family member of Oakden resident, Committee Hansard, 21 November 2017, p. 60; Mrs Barbara Spriggs, Committee Hansard, 21 November 2017, p. 62; Oakden report,
pp. 29–33.

[13]      Mrs Barbara Spriggs, Committee Hansard, 21 November 2017, pp. 64-65; Mrs Patrina Cole, Committee Hansard, 21 November 2017, pp. 59–60; see also Mrs Alma Krecu, family member of Oakden resident, Committee Hansard, 21 November 2017, p. 61.

[14]      Ms Christine Blakely, family member of Oakden resident, Committee Hansard, 21 November 2017, p. 61; Mr Stewart Johnston, family member of Oakden resident, Committee Hansard, 21 November 2017, p. 57; Mrs Alma Krecu, Committee Hansard, 21 November 2017, p. 61; Mr Mark Martin, family member of Oakden resident, Committee Hansard, 21 November 2017, p. 73.

[15]      Ms Christine Blakely, Committee Hansard, 21 November 2017, p. 61; Ms Deanna Stojanovic, family member of Oakden resident, Committee Hansard, 21 November 2017, p. 74.

[16]      Ms Deanna Stojanovic, Committee Hansard, 21 November 2017, p. 70; Mrs Natasha Glowik, Committee Hansard, 21 November 2017, p. 72.

[17]      Mrs Petrina Cole, Committee Hansard, 21 November 2017, p. 59; Mrs Alma Krecu, Committee Hansard, 21 November 2017, p. 61; Ms Maria Costa, family member of Oakden resident, Committee Hansard, 21 November 2017, p. 68; Mr Mark Martin, Committee Hansard, 21 November 2017, p. 73.

[18]      Ms Maria Costa, Committee Hansard, 21 November 2017, p. 69.

[19]      Mr Mark Martin, Committee Hansard, 21 November 2017, p. 73.

[20]      Mrs Alma Krecu, Committee Hansard, 21 November 2017, p. 61.

[21]      Ms Christine Blakely, Committee Hansard, 21 November 2017, p. 60.

[22]      Ms Maria Costa, Committee Hansard, 21 November 2017, p. 68; Ms Deanna Stojanovic, Committee Hansard, 21 November 2017, p. 70.

[23]      Ms Deanna Stojanovic, Committee Hansard, 21 November 2017, p. 70.

[24]      Mr Mark Martin, Committee Hansard, 21 November 2017, p. 73.

[25]      Mrs Petrina Cole, Committee Hansard, 21 November 2017, p. 60; Ms Maria Costa, Committee Hansard, 21 November 2017, pp. 68–69; Mrs Barbara Spriggs, Committee Hansard, 21 November 2017, pp. 64–65.

[26]      Mrs Petrina Cole, Committee Hansard, 21 November 2017, p. 60.

[27]      Mrs Alma Krecu, Committee Hansard, 21 November 2017, p. 65.

[28]      Mrs Alma Krecu, Committee Hansard, 21 November 2017, p. 62; Ms Deanna Stojanovic, Committee Hansard, 21 November 2017, p. 70; Mr Mark Martin, Committee Hansard, 21 November 2017, p. 73.

[29]      Mr Mark Martin, Committee Hansard, 21 November 2017, p. 73.

[30]      Mr Stewart Johnston, Committee Hansard, 21 November 2017, p. 65; Mrs Barbara Spriggs, Committee Hansard, 21 November 2017, pp. 65–66.

[31]      Mrs Natasha Glowik, Committee Hansard, 21 November 2017, p. 72.

[32]      Mrs Petrina Cole, Committee Hansard, 21 November 2017, p. 59.

[33]      Ms Maria Costa, Committee Hansard, 21 November 2017, p. 69.

[34]      Mrs Alma Krecu, Committee Hansard, 21 November 2017, p. 62.

[35]      Mrs Petrina Cole, Committee Hansard, 21 November 2017, p. 59.

[36]      Mrs Barbara Spriggs, Committee Hansard, 21 November 2017, p. 63.

[37]      Ms Deanna Stojanovic, Committee Hansard, 21 November 2017, p. 70.

[38]      Ms Deanna Stojanovic, Committee Hansard, 21 November 2017, p. 71.

[39]      Mrs Alma Krecu, Committee Hansard, 21 November 2017, p. 67; Mr Stewart Johnston, Committee Hansard, 21 November 2017, p. 58; Mrs Natasha Glowik, Committee Hansard, 21 November 2017, pp. 71–72.

[40]      Mr Stewart Johnston, Committee Hansard, 21 November 2017, pp. 57–58.

[41]      Mr Mark Martin, Committee Hansard, 21 November 2017, pp. 73–74.

[42]      Mr Stewart Johnston, Committee Hansard, 21 November 2017, pp. 58–59.

[43]      Mr Stewart Johnston, Committee Hansard, 21 November 2017, pp. 57, 59.

[44]      Oakden report, April 2017, p. 27.

[45]      A breakdown of the regulatory responsibilities of relevant aged care agencies is detailed in Chapter 3.

[46]      Oakden report, p. 31; One critical issue for this arrangement is what funding is available from the Commonwealth and what 'top-up' funding is needed from the state government to provide appropriate and quality services to avoid insufficient resourcing of a facility. The Oakden report found that this funding issue is not captured by any model of care in South Australia.

[47]      South Australia Community Visitor Scheme, Principal Community Visitor Annual Report 2014–15, p. 62.

[48]      Oakden report, p. 14.

[49]      Henry Brodaty, Brian M Draper and Lee-Fay Low, 'Behavioural and psychological symptoms of dementia: a seven-tiered model of service delivery', Medical Journal of Australia, vol. 178, no. 5, 2003, pp. 231–234.

[50]      Oakden report, p. 31-32; Ms Sharon Olsson, private capacity, Committee Hansard, 21 November 2017, p. 43; Ms Ann Wunsch, Executive Director, Operations, Australian Aged Care Quality Agency,  Committee Hansard, 21 November 2017, p. 18; Ms Jackie Hanson, CEO, North Adelaide Local Health Network (NALHN), SA Health, Committee Hansard, 21 November 2017, p. 4.

[51]      Oakden report, pp. 27–30.

[52]      Oakden report, p. 28.

[53]      Oakden report, p. 28.

[54]      Oakden report, p. 28.

[55]      Oakden report, p. 28.

[56]      Oakden report, p. 29.

[57]      Oakden report, p. 29.

[58]      Oakden report, p. 30.

[59]      Oakden report, p. 31.

[60]      Oakden report, pp. 31–32.

[61]      Oakden report, p. 57.

[62]      Mr Maurice Corcoran, PCV, Committee Hansard, 21 November 2017, p. 23.

[63]      Mr Maurice Corcoran, PCV, Committee Hansard, 21 November 2017, p. 23.

[64]      Mr Maurice Corcoran, PCV, Committee Hansard, 21 November 2017, p. 23.

[65]      Mr Maurice Corcoran, PCV, Committee Hansard, 21 November 2017, pp. 23, 24.

[66]      Mr Maurice Corcoran, PCV, Committee Hansard, 21 November 2017, p. 24.

[67]      Mr Maurice Corcoran, PCV, Committee Hansard, 21 November 2017, p. 24.

[68]      Mr Maurice Corcoran, PCV, Committee Hansard, 21 November 2017, pp. 24, 25.

[69]      Principal Community Visitor Annual Report 2014–15, p. 62.

[70]      Mr Maurice Corcoran, PCV, Committee Hansard, 21 November 2017, p. 26.

[71]      Principal Community Visitor Annual Report 2014–15, p. 62.

[72]      South Australia Community Visitor Scheme, Principal Community Visitor Annual Report Mental Health Services 2015–16, p. 24.

[73]      Principal Community Visitor Annual Report Mental Health Services 2015–16, p. 62.

[74]      South Australia Community Visitor Scheme, Principal Community Visitor Annual Report Mental Health Services 2016–17, pp. 13, 16.

[75]      Oakden report, pp. 89–90.

[76]      Principal Community Visitor Annual Report 2014–15, p. 26; Principal Community Visitor Annual Report Mental Health Services 2015–16, p. 62; Principal Community Visitor Annual Report Mental Health Services 2016–17, p. 13; Mr Maurice Corcoran, PCV, Committee Hansard, 21 November 2017, p. 24; Ms Jackie Hanson, NALHN, Committee Hansard, 21 November 2017, p. 4; Ms Sharon Olsson, Committee Hansard, 21 November 2017, p. 43; Oakden report, p. 30.

[77]      Ms Maria Costa, Committee Hansard, 21 November 2017, p. 69.

[78]      Ms Jackie Hanson, NALHN, Committee Hansard, 21 November 2017, p. 4.

[79]      Ms Jackie Hanson, NALHN, Committee Hansard, 21 November 2017, p. 9.

[80]      Professor Craig Whitehead, Clinical Director, Rehabilitation, Aged Care and Palliative Care, Flinders University, Committee Hansard, 21 November 2017, p. 40.

[81]      Professor Craig Whitehead, Flinders University, Committee Hansard, 21 November 2017, pp. 38–40; Professor Joseph E Ibrahim, Head, Health Law and Ageing Research Unit, Monash University, Committee Hansard, 21 November 2017, pp. 38–40.

[82]      Ms Jackie Hanson, NALHN, Committee Hansard, 21 November 2017, p. 9.

[83]      Mrs Patrina Cole, Committee Hansard, 21 November 2017, p. 60; Mrs Natasha Glowik, Committee Hansard, 21 November 2017, p. 74.

[84]      Mr Stewart Johnston, Committee Hansard, 21 November 2017, p. 58.

[85]      Mr Stewart Johnston, Committee Hansard, 21 November 2017, p. 58; Mr Mark Martin, Committee Hansard, 21 November 2017, p. 74.

[86]      Ms Sharon Olsson, Committee Hansard, 21 November 2017, p. 48.

[87]      Ms Sharon Olsson, Committee Hansard, 21 November 2017, pp. 43–44.

[88]      Ms Sharon Olsson, Committee Hansard, 21 November 2017, p. 43.

[89]      Mrs Alma Krecu, Committee Hansard, 21 November 2017, p. 61.

[90]      Oakden report, pp. 33–57.

[91]      Mrs Natasha Glowik, Committee Hansard, 21 November 2017, p. 71.

[92]      Mrs Petrina Cole, Committee Hansard, 21 November 2017, p. 60.

[93]      Ms Maria Costa, Committee Hansard, 21 November 2017, p. 68.

[94]      Ms Christine Blakely, Committee Hansard, 21 November 2017, p. 60.

[95]      Mrs Natasha Glowik, Committee Hansard, 21 November 2017, p. 72.

[96]      Ms Christine Blakely, Committee Hansard, 21 November 2017, p. 61.

[97]      Ms Maria Costa, Committee Hansard, 21 November 2017, pp. 68–69; Mrs Natasha Glowik, Committee Hansard, 21 November 2017, p. 71; Ms Deanna Stojanovic, Committee Hansard, 21 November 2017, p. 71.

[98]      Dr Thomas Stubbs, Chair, Oakden Response Oversight Committee, Committee Hansard, 21 November 2017, p. 1.

[99]      Mr Stewart Johnston, Committee Hansard, 21 November 2017, p. 66.

[100]    Mrs Petrina Cole, Committee Hansard, 21 November 2017, p. 66; Mrs Alma Krecu, Committee Hansard, 21 November 2017, p. 67.

[101]    Mr Stewart Johnston, Committee Hansard, 21 November 2017, p. 66.

[102]    Ms Christine Blakeley, Committee Hansard, 21 November 2017, p. 66; Mrs Barbara Spriggs, Committee Hansard, 21 November 2017, p. 67; Mr Mark Martin, Committee Hansard, 21 November 2017, p. 74; Ms Maria Costa, Committee Hansard, 21 November 2017, p. 74.

[103]    Ms Deanna Stojanovic, Committee Hansard, 21 November 2017, p. 74.

[104]    Mrs Alma Krecu, Committee Hansard, 21 November 2017, p. 67.

[105]    Mrs Natasha Glowik, Committee Hansard, 21 November 2017, p. 74; Ms Maria Costa, Committee Hansard, 21 November 2017, p. 74.

Chapter 3

[1]        Aged Care Crisis Inc., Submission 41, p. 53.

[2]        Ms Kate Carnell AO and Professor Ron Paterson ONZM, Review of National Aged Care Quality Regulatory Processes Report (Carnell Paterson review), October 2017, p. 35.

[3]        Department of Health, answers to questions on notice, 5 February 2018 (received 8 February 2018).

[4]        Dr Aaron Groves, Chief Psychiatrist, Department for Health and Ageing (South Australian (SA) Government), Oakden Report – The report of the Oakden Review (Oakden report), April 2017, p. 57.

[5]        Oakden report, pp. 31–32.

[6]        Oakden report, p. 57.

[7]        Oakden report, pp. 65–66.

[8]        Oakden report, pp. 89–90.

[9]        Oakden report, p. 100.

[10]      Oakden report, pp. 113–114.

[11]      Oakden report, p. 115.

[12]      Oakden report, p. 78.

[13]      Oakden report, p. 77.

[14]      Oakden report, p. 3.

[15]      SA Government, Response to the Review of the Oakden Older Persons Mental Health Service, April 2017.

[16]      SA Government, SA Health, Oakden Response Plan Oversight Committee Communique – Issue 6, 15 December 2017.

[17]      Dr Tom Stubbs, Chair, Oakden Response Oversight Committee, Committee Hansard, 21 November 2017, p. 3.

[18]      SA Government, SA Health, Oakden Response Plan Oversight Committee Communique – Issue 6, 15 December 2017.

[19]      SA Government, Submission 28, p. 3.

[20]      SA Government, Submission 28, pp. 3–4.

[21]      Ms Sharon Olsson, Committee Hansard, 21 November 2017, p. 44.

[22]      Mr Stewart Johnston, Family member of Oakden resident, Committee Hansard, 21 November 2017, p. 58.

[23]      The Hon. Bruce Lander QC, SA Independent Commissioner Against Corruption, Public Statement, 25 May 2017.

[24]      The Hon. Bruce Lander QC, SA Independent Commissioner Against Corruption, Terms of Reference: Oakden Maladministration Investigation, 30 May 2017.

[25]      Adam Langenberg, 'First Oakden staffer to be charged by police since scandal began', The Advertiser, http://www.adelaidenow.com.au/news/south-australia/first-oakden-staffer-to-be-charged-by-police-since-scandal-began/news-story/d3433df9504bbe3cc8e8a90ba950dd65, (accessed 29 January 2018).

[26]      Leah MacLennan, 'Oakden: Assault investigated at facility for patients moved from disgraced nursing home', ABC News Online, http://www.abc.net.au/news/2017-12-28/oakden-culture-transferred-to-northgate/9290354, (accessed 29 January 2018).

[27]      The Hon. Ken Wyatt, AM, MP, Minister for Aged Care, Media release - Federal Aged Care Minister to Commission Review of Aged Care Quality Regulatory Processes, 1 May 2017.

[28]      Carnell Paterson review, p. 34.

[29]      Mrs Carla Baron, Partner (Retired), N & C Baron & Associates, Committee Hansard, 21 November 2017, p. 44.

[30]      Mr Neil Baron, Partner (Retired), N & C Baron & Associates, Committee Hansard, 21 November 2017, p. 45.

[31]      Carnell Paterson review, p. 31.

[32]      Ms Jackie Hanson, Chief Executive Officer, Northern Adelaide Local Health Network, SA Health, Committee Hansard, 21 November 2017, p. 2.

[33]      Carnell Paterson review, p. 35.

[34]      Carnell Paterson review, pp. 35–36.

[35]      Australian Government: myagedcare, Makk and McLeay Nursing Home Sanction detail, 17 March 2017, https://www.myagedcare.gov.au/compliance-information/summary/sanction-detail?tab=1&location-type=proximity&state=SA&location-action-type=AS&sp-id=1-DS-1103&sp-service-id=1-EI-8372&location-by-state=true&page=1&id=1-9FE1REP&status=Archive, (accessed 10 January 2017).

[36]      Mr Nick Ryan, Chief Executive Officer, Australian Aged Care Quality Agency (Quality Agency), Committee Hansard, 21 November 2017, p. 11.

[37]      Mr Nick Ryan, Quality Agency, Committee Hansard, 21 November 2017, p. 13; Mr Nick Ryan, Quality Agency, Committee Hansard, 5 February 2018, pp. 2–4.

[38]      Mr Nick Ryan, Quality Agency, Committee Hansard, 5 February 2018, pp. 2, 7.

[39]      Mr Nick Ryan, Quality Agency, Committee Hansard, 21 November 2017, p. 13.

[40]      Dr Anna Howe, Gerontologist, Submission 73, p. 3.

[41]      Mr Nick Ryan, Quality Agency, Committee Hansard, 5 February 2018, p. 2.

[42]      Mr Nick Ryan, Quality Agency, Committee Hansard, 5 February 2018, p. 6.

[43]      Mr Nick Ryan, Quality Agency, Committee Hansard, 5 February 2018, pp. 2, 3.

[44]      Mr Nick Ryan, Quality Agency, Committee Hansard, 21 November 2017, pp. 15-16.

[45]      Ms Ann Wunsch, Executive Director, Operations, Quality Agency, Committee Hansard, 21 November 2017, p. 13.

[46]      Mr Nick Ryan, Quality Agency, Committee Hansard, 21 November 2017, p. 13.

[47]      Mr Nick Ryan, Quality Agency, Committee Hansard, 21 November 2017, p. 11.

[48]      Nous Group, External independent advice: Australian Aged Care Quality Agency, 31 July 2017.

[49]      Quality Agency, Quality Agency Response to Nous, available at https://www.aacqa.gov.au/about-us/response-to-nous-report, (accessed 10 January 2018).

[50]      Mr Nick Ryan, Quality Agency, Committee Hansard, 21 November 2017, p. 12.

[51]      Mr Nick Ryan, Quality Agency, Committee Hansard, 5 February 2018, p. 2.

[52]      Mr Nick Ryan, Quality Agency, Committee Hansard, 21 November 2017, p. 16.

[53]      Mr Nick Ryan, Quality Agency, Committee Hansard, 21 November 2017, p. 18.

[54]      Mr Nick Ryan, Quality Agency, Committee Hansard, 5 February 2018, p. 2.

[55]      Ms Catherine Rule, First Assistant Secretary, Department of Health, Committee Hansard, 5 February 2018, p. 21.

[56]      Mr Nick Ryan, Quality Agency, Committee Hansard, 21 November 2017, p. 19.

[57]      Mr Nick Ryan, Quality Agency, Committee Hansard, 5 February 2018, p. 4.

[58]      Mr Nick Ryan, Quality Agency, Committee Hansard, 5 February 2018, p. 2.

[59]      Carnell Paterson review, p. 29.

[60]      The Hon. Ken Wyatt, AM, MP, Minister for Aged Care, Media release - Quality review released: Aged care assessment visits to be unannounced, 25 October 2017.

[61]      Carnell Paterson review, p. 39.

[62]      Carnell Paterson review, pp. 44–45.

[63]      The Hon. Ken Wyatt, AM, MP, Minister for Aged Care, Media release - Quality review released: Aged care assessment visits to be unannounced, 25 October 2017.

[64]      Ms Catherine Rule, Department of Health, Committee Hansard, 5 February 2018, pp. 17, 20.

[65]      Carnell Paterson review, p. 24.

[66]      SA Government, Submission 28, p, 4.

[67]      Australian Health Practitioners Regulation Agency, advice by phone received 18 January 2018.

[68]      Submitters and witnesses who cited Oakden as a symptom of wider systemic concerns include, but are not limited to: Aged Care Crisis Inc., Australian Law Reform Commission, Australian Medical Association, Alzheimer's Australia, Council on the Aging, Mental Health Commission of NSW, and Office of the Public Advocate Queensland.

[69]      Mr Nick Ryan, Quality Agency, Committee Hansard, 5 February 2018, pp. 8–9; Ms Rae Lamb, Aged Care Complaints Commissioner, Committee Hansard, 5 February 2018, p. 15; Ms Catherine Rule, Department of Health, Committee Hansard, 5 February 2018, p. 21.

[70]      Professor Joseph Ibrahim, Head, Health Law and Ageing Research Unit, Monash University, Committee Hansard, 21 November 2017, p. 30.

[71]      Carnell Paterson review, p. 38.

[72]      Carnell Paterson review, p. 40.

[73]      Australian Medical Association, Submission 13, p. 1.

Chapter 4 - A national concern

[1]        Ms Kate Carnell AO and Professor Ron Paterson ONZM, Review of National Aged Care Quality Regulatory Processes Report (Carnell Paterson review), October 2017, p. 62.

[2]        This view that care concerns at Oakden were caused by issues specific to the circumstances at Oakden was raised in submissions from Aged and Community Services Australia, Aged Care Industry Association, BUPA, and Leading Age Services Australia.

[3]        Professor Joseph E Ibrahim and Associate Professor Lyndal Bugeja, Health Law and Ageing Research Unit, Department of Forensic Medicine, Monash University, Submission 29, p. 15.

[4]        Victorian Government, Submission 40, p. 1.

[5]        Victorian Government, Submission 40, pp. 1–2.

[6]        Victorian Government, Submission 40, p. 2.

[7]        Alzheimer's Australia, Submission 20, p. 12. See also Carnell Paterson review, pp. 38–39.

[8]        The Hon Sussan Ley MP, Minister for Health and Aged Care, Media Release 19 December 2019, '2016-17 MYEFO Drives Health Reform', http://www.health.gov.au/internet/ministers/publishing.nsf/Content/E757065F44BAF304CA25808E0019AFB5/$File/SL109.pdf,   (accessed 29 January 2018).

[9]        Chief Psychiatrist, Department for Health and Ageing (South Australian (SA) Government), SA Health, Submission 27, p. 7.

[10]      Carnell Paterson review, p. 37.

[11]      Carnell Paterson review, p. 39.

[12]      Carnell Paterson review, pp. 38–39.

[13]      See for example submissions from: Carers NSW, Council on the Ageing, Federation of Ethnic Communities' Councils of Australia, Mental Health Commission of NSW, Officer of the Public Advocate Queensland and Victorian Government.

[14]      Ms Jackie Hanson, Chief Executive Officer, Northern Adelaide Local Health Network, SA Health, Committee Hansard, 21 November 2017, p. 7.

[15]      Australian Aged Care Quality Agency (Quality Agency), Submission 42, pp. 6, 13–14; Mr Nick Ryan, Chief Executive Officer, Quality Agency, Committee Hansard, 5 February 2018, p. 2.

[16]      Alzheimer's Australia, Submission 20, p. 14.

[17]      Alzheimer's Australia, Submission 20, p. 7 and Carers Australia NSW, Submission 21, p. 2.

[18]      Older Persons Advocacy Network, Submission 23, p. 3.

[19]      Federation of Ethnic Communities' Councils of Australia, Submission 32, p. 2.

[20]      HammondCare, Submission 11, pp. 4–5.

[21]      HammondCare, Submission 11, p. 2.

[22]      Productivity Commission, Caring for Older Australians, 8 August 2011, Volume 2, p. 12.

[23]      Leading Age Services, Submission 4, p. 4.

[24]      BUPA, Submission 18, p. 14.

[25]      Aged and Community Services, Submission 12, p. 5.

[26]      Quality Agency, Submission 42, pp. 12–13.

[27]      Professor Craig Whitehead, Clinical Director, Rehabilitation, Aged Care and Palliative Care, Flinders University, Committee Hansard, 21 November 2017, p. 31.

[28]      Victorian Government, Submission 40, pp. 2–3.

[29]      Victorian Government, Submission 40, p. 5.

[30]      Law Council of Australia, Submission 24, p. 7.

[31]      Dr Tom Stubbs, Chair, Oakden Response Oversight Committee, Committee Hansard, 21 November 2017, p. 3.

[32]      Dr Aaron Groves, Chief Psychiatrist, SA Health, Oakden Report – Report of the Oakden Review, p. 113.

[33]      Alzheimer's Australia, Submission 20, p. 20.

[34]      Law Council of Australia, Submission 24, pp. 9–10.

[35]      Workforce concerns, such as levels of staff and training, were raised in submissions from Australian Law Reform Commission, Bupa, Australian Nursing and Midwifery Federation, Law Council of Australia, Office of the Public Advocate Queensland, Mental Health Council of NSW, Monash University, NSW Nurses and Midwives Association and Victorian Government, among others.

[36]      Department of Forensic Medicine, Monash University, Submission 29, p. 16.

[37]      Victorian Government, Submission 40, p. 3. Staffing levels was also raised in submissions from Aged Care Crisis Inc., Australian Nursing and Midwifery Federation, NSW Nurses and Midwives Association, Occupational Therapy Australia, Office of the Public Advocate Queensland, Queensland Nurses and Midwives' Union and Victorian Government, among others.

[38]      Victorian Government, Submission 40, p. 4.

[39]      Department of Forensic Medicine, Monash University, Submission 29, p. 16. This issue was also raised by Alzheimer's Australia.

[40]      See submissions from Council on the Ageing, Law Council of Australia and Victorian Government, among others.

[41]      Senate Community Affairs References Committee, Future of Australia's aged care sector workforce, April 2017.

[42]      Department of Forensic Medicine, Monash University, Submission 29, pp. 13–14.

[43]      Department of Forensic Medicine, Monash University, Submission 29, p. 14.

[44]      Department of Forensic Medicine, Monash University, Submission 29, p. 16. The lack of appropriate data and the impact on quality of care was also raised in submissions from: Aged Care Crisis Inc., Aged Care Industry Association and Victorian Government, among others.

[45]      Ms Catherine Rule and Mrs Lisa La Rance, Department of Health, Committee Hansard, 5 February 2018, pp. 22–23.

[46]      Mr Nick Ryan, Quality Agency, Committee Hansard, 21 November 2017, p. 11.

[47]      Law Council of Australia, Submission 24, p. 9.

[48]      Law Council of Australia, Submission 24, pp. 11–12.

[49]      Department of Forensic Medicine, Monash University, Submission 29, p. 19. The need for improvements to individual and systemic responses to critical, serious or reportable incidents was also raised in submissions from Australian Law Reform Commission, Council on the Aging, Office of the Pubic Advocate Queensland, Queensland Nurses and Midwives Union and Victorian Government.

[50]      Victorian Government, Submission 40, p. 4.

[51]      Attendant Care Industry Association, Submission 19, p. 7; Older Persons Advocacy Network, Submission 23, p. 3; Law Council of Australia, Submission 24, p. 11.

[52]      Mr Stewart Johnston, Family member of Oakden resident, Committee Hansard, 21 November 2017, p. 58.

[53]      Mr Maurice Corcoran, SA Principal Community Visitor, Committee Hansard, 21 November 2017, p. 28.

[54]      Ms Jackie Hanson, Northern Adelaide Local Health Network, SA Health, Committee Hansard, 21 November 2017, p. 9.

[55]      Ms Rae Lamb, Aged Care Complaints Commissioner, Committee Hansard, 5 February 2018, p. 15.

[56]      Ms Rae Lamb, Aged Care Complaints Commissioner, Committee Hansard, 5 February 2018, pp. 11, 12, 15.

[57]      Aged Care Complaints Commission, Submission 7, p. 6.

[58]      Department of Health, Submission 37, pp. 23–24.

[59]      Department of Social Services, Aged Care Quality Agency: 2015 Budget, available at https://www.dss.gov.au/sites/default/files/documents/05_2015/2015_budget_fact_sheet_-_aged_care_quality_agency.docx, (accessed 10 January 2018).

[60]      Department of Health, Single quality framework: focus on consumers, available at https://agedcare.health.gov.au/quality/single-quality-framework-focus-on-consumers, (accessed 10 January 2018).

[61]      Department of Health, Report on the outcome of consultations on the single aged care quality framework, July 2017, p. 3.

[62]      Ms Catherine Rule, Department of Health, Committee Hansard, 5 February 2018, p. 17.

[63]      Department of Health, Single set of aged care quality standards, available at https://agedcare.health.gov.au/quality/single-set-of-aged-care-quality-standards, (accessed 7 February 2018).

[64]      Department of Health, Draft Aged Care Quality Standards and Draft Application of Draft Aged Care Quality Standards by service type, available at https://agedcare.health.gov.au/quality/single-set-of-aged-care-quality-standards/draft-aged-care-quality-standards-and-draft-application-of-draft-aged-care-quality-standards-by-service-type (accessed 7 February 2018).

[65]      Department of Health, Report on the outcome of consultations on the single aged care quality framework, July 2017, p. 9.

[66]      Ms Catherine Rule, Department of Health, Committee Hansard, 5 February 2018, p. 17.

[67]      Department of Health, Single set of aged care quality standards, available at https://agedcare.health.gov.au/quality/single-set-of-aged-care-quality-standards, (accessed 7 February 2018).

[68]      Department of Health, Submission 37, p. 24.

[69]      Carnell Paterson review, p. 28.

[70]      Department of Social Services, Aged Care Quality Agency: 2015 Budget, available at https://www.dss.gov.au/sites/default/files/documents/05_2015/2015_budget_fact_sheet_-_aged_care_quality_agency.docx, (accessed 10 January 2018).

[71]      Department of Health, Report on the outcome of consultations on the single aged care quality framework, July 2017, p. 10.

[72]      Carnell Paterson review, p. v.

[73]      Productivity Commission, Caring for Older Australians, 8 August 2011, Volume 2, p. 387.

[74]      Productivity Commission, Summary of Proposals Caring for Older Australians Productivity Commission Inquiry Report, 8 August 2011, pp. 8–10.

[75]      Australian Law Reform Commission, Elder Abuse ­- A National Legal Response, 14 June 2017, pp. 8-12.

[76]      Attorney-General's Department, Corporate Plan 2017-21, p. 14, https://www.ag.gov.au/About/Documents/Attorney-Generals-Department-Corporate-Plan-2017-21.PDF.

[77]      Senate Community References Committee, Future of Australia's aged care sector workforce, April 2017.

[78]      The Hon Ken Wyatt AM, MP, Minister for Aged Care, Media release 'Report welcomed as Government works to strengthen aged care sector', http://www.health.gov.au/internet/ministers/ publishing.nsf/Content/health-mediarel-yr2017-wyatt052.htm, (accessed 29 January 2018).

[79]      The Hon Ken Wyatt AM, MP, Minister for Aged Care, Media release ' New aged care workforce taskforce to focus on safety and quality, http://www.health.gov.au/internet/ministers/ publishing.nsf/Content/health-mediarel-yr2017-wyatt109.htm?OpenDocument&yr=2017& mth=11, (accessed 29 January 2018).

[80]      Professor Joseph Ibrahim, Head, Health Law and Ageing Research Unit, Monash University, Committee Hansard, 21 November 2017, p. 30.

Additional Comments by the Nick Xenophon Team - An age-old problem – shamefully handled

[1]        Dr Aaron Groves, Chief Psychiatrist, Department for Health and Ageing (South Australian Government), The Oakden Report, April 2017, p.31.  

[2]        Ms Sharon Olsson, Private Capacity, Committee Hansard, 21 November 2017, p. 43.

[3]        Community Affairs References Committee, Effectiveness of the Aged Care Quality Assessment and accreditation framework for protecting residents from abuse and poor practices, and ensuring proper clinical and medical care standards are maintained and practised—Interim report, February 2018, pp. 1–2.