The Code of Conduct for Aged Care

Every older adult deserves to receive safe and high-quality aged care - but sadly, this hasn’t always been the case in Australia (RCACQS 2021).

The Code of Conduct for Aged Care, which was introduced on 1 December 2022, has been implemented in response to recommendations made by the Royal Commission into Aged Care Quality and Safety, with the goal of improving the safety, wellbeing and quality of life of older adults receiving aged care (ACQSC 2022a).

The Code aims to achieve this by:

• Encouraging ethical, honest and respectful behaviour from aged care providers and staff
• Helping to increase trust in Australian aged care services
• Protecting consumers from aged care staff who pose a risk of harm.

(ACQSC 2022b)

What is the Code of Conduct for Aged Care?

The Code comprises eight elements that set out:

• The way in which aged care providers and staff must treat consumers
• The behaviours expected of aged care providers and staff.

(ACQSC 2022b)

The Code allows the Aged Care Quality and Safety Commission to take action against providers and/or individuals not complying with its requirements (ACQSC 2022a).

The Code of Conduct Under the Strengthened Aged Care Quality Standards

Standard 2: The Organisation - Outcome 2.9: Human resource management (Action 2.9.6) of the strengthened Aged Care Quality Standards requires aged care staff to receive regular competency-based training on the Code of Conduct (ACQSC 2024).

Who Does the Code of Conduct for Aged Care Apply to?

The Code applies to all:

• Approved providers of residential, home and flexible care services, including the Transition Care Program, Multi-Purpose Services Program and Short-Term Restorative Care Program
• Governing persons of these approved providers, such as board members and Chief Executive Officers
• Staff who work for these approved providers, including volunteers, contractors and subcontractors
  • This includes nurses, support workers, personal care workers, lifestyle coordinators, care companions and contracted allied health professionals, as well as kitchen, laundry, garden, maintenance and office personnel.

(ACQSC 2022b, c)

The Code does not apply to:

• Providers that deliver care under grant agreements, including the Commonwealth Home Support Programme (CHSP) providers and National Aboriginal and Torres Strait Islander Flexible Aged Care Program (NATSIFACP) providers - however, these providers are still expected to deliver safe and respectful care to consumers
• Visiting medical practitioners, pharmacists and other allied health professionals who provide care to consumers but are not contracted by the provider
• Tradespeople who visit for a one-off task.

(ACQSC 2022b, c)

What Happens if a Provider Does not Adhere to the Code?

Non-compliant providers may have action taken against them by the Aged Care Quality and Safety Commission. These measures could include:

• Having to work with the Commission to address concerns
• Receiving a caution letter
• Specific individuals being banned from working in aged care
• Enforcing sanctions on a provider
• Revoking a provider’s approved status.

(ACQSC 2022a, b)

The Eight Elements of the Code of Conduct for Aged Care

1. Element A

‘I must act with respect for people’s rights to freedom of expression, self-determination and decision-making in accordance with applicable laws and conventions.’

Element A upholds the right of consumers to live their lives how they want to, express themselves freely and exercise autonomy. This is underpinned by the principle of person-centred care.

Examples of how aged care workers can uphold Element A include:

• Asking consumers what they want and need
• Providing consumers with choices e.g. offering different meal options
• Supporting consumers to use communication aids or interpreters when needed.

(ACQSC 2022b, c)

2. Element B

‘I must act in a way that treats people with dignity and respect, and values their diversity.’

Element B requires aged care workers to recognise and respect consumers’ various life experiences. This includes understanding their social, cultural, language, religious, spiritual, psychological and medical needs. All consumers should be treated with dignity and respect, irrespective of these needs.

Examples of how aged care workers can uphold Element B include:

• Respecting the social, cultural, religious and ethnic backgrounds of those in your care
• Interacting with consumers in a kind, professional and respectful way
• Asking and upholding consumers’ preferences - for example, addressing a consumer as ‘Mr Brown’ instead of ‘John’ if this is what he prefers.

(ACQSC 2022b, c)

3. Element C

‘I must act with respect for the privacy of people’.

Element C protects consumers’ rights to privacy. This includes physical privacy - for example, by ensuring consumers are not subject to embarrassment or discomfort when receiving care - as well as the privacy of their personal and health information, such as documents containing sensitive information.

Examples of how aged care workers can uphold Element C include:

• Asking for permission before touching a consumer
• Ensuring consumers have a private and comfortable space for showering and dressing
• Talking about a consumer’s care in a private area, away from other consumers.

(ACQSC 2022c)

4. Element D

‘I must provide care, supports and services in a safe and competent manner, with care and skill.’

In order to prevent harm to consumers, care needs to be performed by the right people with the right qualifications and skills. As well as being performed competently, care must be delivered in a kind and empathetic manner.

Examples of how aged care workers can uphold Element D include:

• Using equipment properly and safely, as per your workplace’s policies and procedures
• Ensuring records are accurate and up-to-date
• Using appropriate, compassionate and respectful language about consumers when documenting their care.

(ACQSC 2022b, c)

5. Element E

‘I must act with integrity, honesty and transparency.’

Relationships of trust between aged care workers and consumers are built upon a foundation of integrity, honesty and transparency. This requires aged care workers to be honest in their interactions with consumers (e.g. by treating them fairly and not taking advantage of them) and honest about their qualifications, skills, experience and competencies.

Examples of how aged care workers can uphold Element E include:

• Handling consumers’ finances and valuables appropriately
• Avoiding lying on resumes or providing false references when seeking employment
• Properly following open disclosure procedures if you make a mistake in the delivery of care.

(ACQSC 2022c)

6. Element F

‘I must promptly take steps to raise and act on concerns about matters that may impact the quality and safety of care, supports and services.’

Identifying and responding to concerns and risks early is crucial in preventing harm to consumers. Therefore, if you become aware of any issues that may affect the quality and safety of care, immediate action should be taken in line with your organisation’s policies and procedures. These concerns may arise through external complaints, internal reviews, continuous improvement, observations or other channels.

Examples of how aged care workers can uphold Element F include:

• Supporting consumers to give feedback and make complaints about their care
• Alerting your supervisor about a potential risk of harm, e.g. faulty equipment or another staff member behaving inappropriately towards a consumer
• Properly documenting issues and incidents, as per your organisation’s policies and procedures.

(ACQSC 2022c)

7. Element G

‘I must provide care, supports and services free from all forms of violence, discrimination, exploitation, neglect, abuse and sexual misconduct.’

Any kind of violence, discrimination, exploitation, neglect, abuse or sexual misconduct towards consumers is completely unacceptable. The relationship between consumers and aged care workers depends on trust, and therefore, you must always treat consumers with respect, kindness and dignity.

Examples of how aged care workers can uphold Element G include:

• Maintaining professional boundaries, e.g. avoiding inappropriate relationships with consumers
• Always complying with legislation and requirements relating to the use of restrictive practices, and seeking to minimise their use wherever possible.

(ACQSC 2022b, c)

8. Element H

‘I must take all reasonable steps to prevent and respond to all forms of violence, discrimination, exploitation, neglect, abuse and sexual misconduct.’

Element H states that if violence, discrimination, exploitation, neglect, abuse or sexual misconduct does occur, aged care workers must take all appropriate steps to protect the consumers’ safety, health and wellbeing.

Examples of how aged care workers can uphold Element H include:

• Supporting consumers to speak up about their concerns and fears
• Reporting instances of violence, discrimination, exploitation, neglect, abuse or sexual misconduct to the designated personnel in your organisation, the Aged Care Quality and Safety Commission and/or any other relevant authorities
• Fully cooperating with any investigations.

(ACQSC 2022c)