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National care and support worker regulation

Independent Review – Department of Health

On 1 September 2021, the Government introduced the Aged Care and Other Legislation Amendment (Royal Commission Response No. 2) Bill. As part of implementing the Government’s response to the final report of the Royal Commission into Aged Care Quality and Safety, the Bill establishes the legislative authority for nationally consistent pre‑employment screening for aged care workers of approved providers to replace existing police checking obligations; and establishment of an enforceable code of conduct for the aged care sector. 

Consistent with the Government’s Regulation Impact Statement (RIS) requirements, the Productivity Commission’s report National Disability Insurance Scheme Costs and the report A Matter of Care Australia’s Aged Care Workforce Strategy have been certified by the Department of Health (the Department) as meeting the requirements of a RIS, for the purpose of establishing nationally consistent care and support worker arrangements. The Office of Best Practice Regulation (OBPR) does not assess the quality of independent reviews and RIS-like documents used in lieu of a RIS, but does assess whether the options analysed in the independent review are relevant to the regulatory proposal. The OBPR assessed that the options analysed in the independent review are sufficiently relevant to the regulatory proposal.

The Department estimated that the introduction of nationally consistent care and support worker regulation arrangements will result in an annual regulatory saving of approximately $21.9 million.