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.