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I have been in Vietnam for the last few weeks, and when I left the country the “Royal Commission into Misconduct in the Banking, Superannuation and Financial Services” was in its last days of public hearings. On my return home I have been greeted with the Royal Commissions’ interim report.
From my perspective, the more interesting news story was the Prime Ministers announcement of a “Royal Commission into Aged Care Quality and Safety”. At present, we do not know the exact terms of reference as these will be developed after public consultations, which will include residents and their families.
Based on the Prime Ministers announcement, we broadly expect the Royal Commission into Aged Care will look at:
• The quality of care provided to older Australians, and the extent of substandard care
• The challenge of providing care to Australians with disabilities living in residential aged care, particularly younger people with disabilities
• The challenge of supporting the increasing number of Australians suffering dementia and addressing their care needs as they age
• The future challenges and opportunities for delivering aged care services in the context of changing demographics, including in remote, rural and
regional Australia
• Any other matters that the Royal Commission considers necessary
We do not know at this stage who will preside over the Royal Commission however this job would normally be assigned to a judge.
What is the difference between a Royal Commission and a normal court of law?
There are several very important differences;
1. Royal Commissions are established by the Governor General on advice from the Government, whereas courts are standing institutions
2. Royal Commissions are not bound by the rules of evidence that the courts are. These rules encompass the legal principles that govern the proof of facts in a legal proceeding
3. For witnesses there is no difference – they may be examined and cross-examined by legal counsel
4. Royal Commissions can make recommendations but cannot determine a person’s guilt or negligence. Whereas a court does not make recommendations but will make a final determination of guilt and impose a penalty
5. Witnesses may be compelled to answer questions in a Royal Commission and a court, but can only claim privilege against self-incrimination in a court
These are not the full detailed outline of the legal differences between the two, that would take far too much time and certainly too much paper.
The important principle to remember is that the Royal Commission will look at a wide range of issues, depending on the terms of reference. The community, residents, their families and providers will all get a chance to present a submission outlining their concerns and vision of the future for the aged care industry.
If a person does have a concern or an issue with an aged care facility or provider right now, you should be talking to the Aged Care Complaints Commissioner who provides a free service for anyone to raise their concerns about the quality of care and service. They can be contacted on 1800 550 552.
Source: Mark Teale | Centrepoint Alliance
