Coronavirus: Despite 700 deaths, no sanctions from watchdog

The aged care watchdog failed to issue any sanctions during the second wave despite the deaths of nearly 700 Australians.

Aged Care Quality and Safety Commissioner Janet Anderson. Picture: Gary Ramage

The aged-care watchdog failed to issue a single sanction during Victoria’s second wave despite the deaths of nearly 700 elderly Australians across the state’s nursing homes — prompting a fierce rebuke from Labor’s aged-care spokeswoman Julie Collins.

The Aged Care Quality and Safety Commission issued 17 warnings between June 1 and Aug­ust 24 at a time the virus was ripping through facilities and some residents were being left in soiled sheets and without proper food or hydration.

Among the facilities that received “notices to agree” were St Basil’s in Melbourne, which has reported 189 cases and 44 deaths, Baptcare Wyndham Lodge in Werribee, which has had 232 cases and 30 deaths, and Epping Gardens, also in Melbourne, that has reported 190 cases and 30 deaths.

Not one received the watchdog’s strongest possible action: a sanction.

Notices to Agree, however, are issued by ACQSC commissioner Janet Anderson when a provider’s noncompliance “poses an immediate and severe risk to the safety, health and wellbeing of recipients.”

Just 17 were doled out.

Last week, The Australian revealed the commission had not issued any sanctions on aged-care providers between April and June despite receiving more than 2000 complaints about issues such as infection control.

The Australian can also reveal the watchdog visited just 12 nursing homes in the month after COVID-19 hit Australian shores — 61 fewer visits than in the previous month

The ACQSC stopped surprise visits in March on the advice of the Department of Health because of concerns about spreading the virus.

They replaced the checks used to audit care standards with “short-notice visits” that gave providers 48 hours to prepare.

The sector was effectively left to regulate itself, with the watchdog allowing providers to self-­assess whether they were prepared for COVID-19 outbreaks via an online survey, rather than deploying inspectors to independently verify whether infection control measures, such as personal protective equipment, were adequate.

Some 71 surprise visits and two short-notice visits were conducted by the regulator in March, but this figure dropped in April to just 12 checks across the nation.

In May, the number of short-notice visits lifted to 94, with the commission recommencing unannounced visits on June 1.

Ms Collins said the regulator was not up to the task of keeping older Australians safe.

“The budget was a missed opportunity for the Morrison government to fix the aged-care regulator,” she said.

“The Morrison government must fix this.”

Aged Care Minister Richard Colbeck said a Notice to Agree was not a warning but a serious enforcement measure that if ignored, can lead to its Commonwealth subsidies being revoked.

Aged Care Quality and Safety Commissioner Janet Anderson told The Australian the watchdog’s role is to hold providers to account for the quality and safety of the care they provide to older Australians.

“During the period March to September inclusive, the Commission issued over 35 Non-Compliance Notices and over 35 Notices of Requirement to Agree to Certain Matters,” she said.

Ms Anderson said the notices to agree were serious and significant regulatory action.