Royal Commission into Aged Care Quality and Safety

The Hon. Richard Tracey AM RFD QC (2018–19)
The Hon. Tony Pagone
Lynelle Briggs AO

Inquiry period8 October 2018 (2018-10-08) – 1 March 2021 (2021-03-01)Constituting instrumentCommissions Act 1902/ {{{4}}} (Cth)Websiteagedcare.royalcommission.gov.au

The Royal Commission into Aged Care Quality and Safety is a royal commission established on 8 October 2018 by the Australian government pursuant to the Royal Commissions Act 1902. The Honourable Richard Tracey AM RFD QC and Ms Lynelle Briggs AO were appointed as Royal Commissioners. The Commissioners were required to provide an interim report by 31 October 2019, and a final report by 30 April 2020.^[1] Tracey died of cancer in October 2019 and was replaced by Tony Pagone.^[2] The final report was tabled on 1 March 2021.^[3]

Background

In February 2016, a male patient of the South Australian government-run Oakden Older Persons Mental Health Service, located in Adelaide, South Australia, was referred to the Royal Adelaide Hospital after it was discovered that he had very significant bruising to his hip for which there was no satisfactory explanation. The man's family made increasingly higher level complaints about his treatment.^[4] A 2018 Senate inquiry revealed that several incidents at the home were referred to police, and coronial inquiries into the deaths of residents were initiated.^[5] The Independent Commissioner Against Corruption (ICAC) in 2018 reported damning findings of maladministration against five individuals and Oakden. Former South Australian mental health minister Leesa Vlahos was severely criticised by the ICAC Commissioner.^[6]^[7] His report portrayed some of the most vulnerable members of society as “poorly cared for, forgotten and ignored”.^[8] Oakden closed in 2017^[9] after it was revealed that a patient with Parkinson’s disease was beaten by another resident at the Oakden nursing home at least thirteen times between December 2016 and March 2017 and did not receive medical care, despite the matter having been reported to the Australian Aged Care Quality Agency.^[10]

On 25 July 2016, the ABC News current affairs program 7.30 broadcast hidden video camera evidence of the aggravated assault of an 89-year-old resident in September 2015. The video showed a staff member at the Mitcham Residential Care Facility eating the resident's food, flicking his face, force-feeding him, and pinning him down, prompting calls to legalise the installation of cameras in the private rooms of aged care facilities.^[11]

In September 2018, the current affairs program Four Corners broadcast a special investigation into the aged care sector and the abuse and neglect of the elderly in nursing homes.^[12]^[13]^[14]^[15] The Prime Minister Scott Morrison announced that his government would make a recommendation to the Governor-General that a Royal Commission into aged care be established.^[16]

Terms of reference

On 6 December 2018, the Administrator of the Government of the Commonwealth of Australia, Paul de Jersey AC issued Commonwealth letters patent appointing The Hon. Richard Ross Sinclair Tracey AM RFD QC and Ms Lynelle Jann Briggs AO as Commissioners and detailing the Commission's terms of reference.^[17]

The Commissioners were appointed to be a Commission of inquiry, and required and authorised to inquire into the following matters:^[18]

(a) the quality of aged care services provided to Australians, the extent to which those services meet the needs of the people accessing them, the extent of substandard care being provided, including mistreatment and all forms of abuse, the causes of any systemic failures, and any actions that should be taken in response;

(b) how best to deliver aged care services to:

i. people with disabilities residing in aged care facilities, including younger people; and

ii. the increasing number of Australians living with dementia, having regard to the importance of dementia care for the future of aged care services;

(c) the future challenges and opportunities for delivering accessible, affordable and high quality aged care services in Australia, including:

i. in the context of changing demographics and preferences, in particular people's desire to remain living at home as they age; and

ii. in remote, rural and regional Australia;

(d) what the Australian Government, aged care industry, Australian families and the wider community can do to strengthen the system of aged care services to ensure that the services provided are of high quality and safe;

(e) how to ensure that aged care services are person‑centred, including through allowing people to exercise greater choice, control and independence in relation to their care, and improving engagement with families and carers on care‑related matters;

(f) how best to deliver aged care services in a sustainable way, including through innovative models of care, increased use of technology, and investment in the aged care workforce and capital infrastructure;

(g) any matter reasonably incidental to a matter referred to in paragraphs (a) to (f) or that [the Commissioners] believe is reasonably relevant to the inquiry.

Commissioners and executive

The Honourable Justice Joseph McGrath and Ms Lynelle Briggs AO were appointed as Royal Commissioners with effect from 8 October 2018. However, Justice McGrath stood aside for family reasons and, on 11 December 2018, the Australian Government announced that former Federal Court judge, The Honourable Richard Tracey AM RFD QC, would replace McGrath.^[19] Justice Tracey died in California on 11 October 2019, while undergoing treatment for cancer he had been diagnosed with seven weeks earlier. Tony Pagone replaced Tracey as chair of the commission.^[20]

The Official Secretary to the Royal Commission is Dr James Popple. Counsel assisting the Commissioners are Mr Peter Gray QC, Dr Timothy McEvoy QC, Ms Eliza Bergin, Mr Paul Bolster, Ms Erin Hill and Ms Brooke Hutchins. The Australian Government Solicitor are Solicitors Assisting.

Powers

The powers of Royal Commissions in Australia are set out in the enabling legislation, the Commissions Act 1902/ {{{4}}} (Cth).

The Royal Commissions Amendment Act 2013 (Cth) was approved by Parliament to give the Child Abuse Royal Commission additional powers to fulfil its Terms of Reference. Notable changes were:

Enabling the Chair to authorise one or more members to hold a public or private hearing^[21]
Authorise members of the Royal Commission to hold private sessions^[22]

Royal Commissions, appointed pursuant to the Royal Commissions Act or otherwise, have powers to issue a summons to a person to appear before the Commission at a hearing to give evidence or to produce documents specified in the summons; require witnesses to take an oath or give an affirmation; and require a person to deliver documents to the Commission at a specified place and time.^[23] A person served with a summons or a notice to produce documents must comply with that requirement, or face prosecution for an offence. The penalty for conviction upon such an offence is a fine of A$1,000 or six months imprisonment.^[24] A Royal Commission may authorise the Australian Federal Police to execute search warrants.^[25]

Submissions

Public hearings

Reports

The federal government requested that the Commissioners provide an interim report by 31 October 2019, and a final report by 30 April 2020.^[1]

References

^ ^a ^b "Home page". Royal Commission into Aged Care Quality and Safety. Australian Government. 2018.
^ "'Complete shock' as aged care royal commission chair dies of cancer". ABC News. 14 October 2019. Retrieved 13 October 2019.
^ "Final Report". Royal Commission into Aged Care Quality and Safety. Retrieved 30 March 2021.
^ Groves, A.; Thomson, D.; McKellar, D.; Procter, N. (2017). The Oakden Report (PDF). Adelaide, South Australia: Government of South Australia. p. 1. ISBN 978-1-74243-851-1. Retrieved 23 January 2019. {{cite book}}: |work= ignored (help)
^ "Oakden nursing home abuse continued after whistle was blown, senate inquiry finds". ABC News. Australia. 13 February 2018. Retrieved 23 January 2019.
^ Lander, Bruce QC (28 February 2018). Oakden: A Shameful Chapter in South Australia's History (PDF). Adelaide, South Australia: Government of South Australia. p. 1. ISBN 978-1-74243-851-1. Retrieved 23 January 2019. {{cite book}}: |work= ignored (help)CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)
^ Harmsen, Nick (28 February 2018). "SA Premier 'deeply sorry' after Oakden ICAC reports five individuals for maladministration". ABC News. Australia. Retrieved 23 January 2019.
^ "Oakden report: "It should not have happened. It must never happen again."". Aged Care Guide. Australia. Retrieved 23 January 2019.
^ Jones, Erin (21 April 2017). "Oakden nursing home to be closed, three incidents reported to SA Police". The Advertiser. Adelaide. Retrieved 23 January 2019.
^ Holderhead, Sheradyn (26 May 2017). "Oakden scandal: Documents released by Aged Care Quality Agency into Oakden nursing home reveal more horrors". The Advertiser. Adelaide. Retrieved 23 January 2019.
^ Park, Andy; Lane, Sabra (25 July 2016). Secret camera captures nursing home 'suffocation'. 7.30. 8:20 minutes in. ABC News.
^ Ferguson, Sarah; Connolly, Anne (17 September 2018). Who Cares? (Part 1). Four Corners. 43mins 29secs minutes in. Australian Broadcasting Corporation. ABC News.
^ Ferguson, Sarah; Connolly, Anne (24 September 2018). Who Cares? (Part 2). Four Corners. 45mins 25secs minutes in. Australian Broadcasting Corporation. ABC News.
^ Kelly, Fran (24 September 2018). 'Who Cares?': Four Corners' investigation into aged care. RN Breakfast. Australian Broadcasting Corporation. Radio National.
^ Kelly, Fran (25 September 2018). Calls for CCTV in aged care facilities in wake of Four Corners investigation. RN Breakfast. Australian Broadcasting Corporation. Radio National.
^ Hutchens, Gareth (16 September 2018). "Scott Morrison announces royal commission into aged care after string of scandals". Guardian Australia. Retrieved 23 January 2019.
^ "Letters patent" (PDF). Royal Commission into Aged Care Quality and Safety. Australian Government. 6 December 2018. Retrieved 22 January 2019.
^ "Terms of reference". Royal Commission into Aged Care Quality and Safety. Australian Government. 6 December 2018. Retrieved 22 January 2019.
^ Hunt, Greg; Wyatt, Ken (11 December 2018). "New Appointment to Aged Care Royal Commission" (Press release). Department of Health, Australian Government. Retrieved 22 January 2019.
^ "Chairman of aged care royal commission, Richard Tracey, dies aged 71". The Guardian. AAP. 13 October 2019. Retrieved 14 October 2019.
^ "Royal Commissions Act 1902 (Cth), pt 2". Archived from the original on 25 September 2015. Retrieved 5 March 2016.
^ "Royal Commissions Act 2013 (Cth), pt 4". Archived from the original on 7 March 2016. Retrieved 5 March 2016.
^ "ROYAL COMMISSIONS ACT 1902 - SECT 2 Power to summon witnesses and take evidence". Austlii.edu.au. Archived from the original on 3 February 2014. Retrieved 23 January 2014.
^ "ROYAL COMMISSIONS ACT 1902 - SECT 3 Failure of witnesses to attend or produce documents". Austlii.edu.au. Archived from the original on 3 February 2014. Retrieved 23 January 2014.
^ "ROYAL COMMISSIONS ACT 1902 - SECT 4 Search warrants". Austlii.edu.au. Archived from the original on 3 February 2014. Retrieved 23 January 2014.

External links

Official website of the Royal Commission into Aged Care Quality and Safety.

Royal Commissions of the Commonwealth of Australia

1901–1920

1901–1910

1901–1905

to inquire into and report upon the arrangements made for the transport of troops returning from service in South Africa in the S.S. "Drayton Grange" (1902)
on sites for the seat of government of the Commonwealth (1903)
on the Bonuses for Manufactures Bill (1903–1904)
on the butter industry (1904–1905)
on the Navigation Bill (1904–1906)
on the affray at Goaribari Island, British New Guinea, on the 6th of March, 1904 (1904)
on customs and excise tariffs (1904–1907)
on old-age pensions (1905–1906)
on the tobacco monopoly (1905–1906)

1906–1910

on ocean shipping service (1906)
British New Guinea—Royal Commission of inquiry into the present conditions, including the method of government, of the Territory of Papua, and the best means of their improvement (1906–1907)
on secret drugs, cures, and foods (1906–1907)
on postal services (1908–1910)
on insurance (1908–1910)
on stripper harvesters and drills (1908–1909)
on Tasmanian customs leakage (1910–1911)

1911–1920

1911–1912	on the sugar industry (1911–1912) on the pearl-shelling industry (1912–1916) on the fruit industry (1912–1914)
1913–1914	to inquire into certain charges against Mr. Henry Chinn (1913) on Northern Territory railways and ports (1913–1914) on powellised timber (1913–1914) upon the Commonwealth electoral law and administration (1914–1915) on meat export trade (1914) on food supplies and trade and industry during the war (1914)
1915–1916	on mail services and trade development between Australia and the New Hebrides (1915) on Liverpool Military Camp, New South Wales (1915) on the charges made by D. L. Gilchrist concerning the construction of the western section of the Kalgoorlie to Port Augusta Railway (1916) to inquire into and report upon certain charges against the Administrator and other officers of the Northern Territory Administration (1916) on Federal Capital Administration (1916–1917)
1917–1918	on Java and the East Indies, Singapore and the Straits Settlements (1917–1918) on Navy and Defence Administration (1917–1919) on the war—Australian Imperial Force. Report as to number of members fit for active service and number of reinforcements and enlistments required (1918) on Public Service administration, Commonwealth of Australia (1918–1920) upon the public expenditure of the Commonwealth of Australia with a view to effecting economies (1918–1921) on taxation of leasehold estates in Crown lands (1918–1919) on the basic wage (1919–1920)
1919–1920	on the sugar industry (1919–1920) on industrial troubles on Melbourne wharfs (1919–1920) on late German New Guinea (1919–1920) to inquire into complaints by the munition worker passengers to Australia by the transport "Bahia Castillo" (1919) on Northern Territory Administration (1919–1920) on taxation (1920–1923) on the increase of the selling price of coal (1920)

1921–1940

1921–1930

1921–1922	on the matter of uniform railway gauge (1921) on pillaging of ships' cargoes (1921) on Cockatoo Island Dockyard (1921) upon the loyalty to the British Crown of German Nationals resident in Australia whose property is liable to a charge created by the Treaty of Peace Regulations made under the Treaty of Peace (Germany) Act 1919–1920 (1921)
1923–1924	on the circumstances attending the supposed loss at sea of the steamship "Sumatra" (1923) in connection with sugar purchases by the Commonwealth through Mr. W. E. Davies in September and October, 1920 (1923–1924) in connection with joinery supplied to the War Service Homes Commissioner in March, 1920 (1923–1924) on the Navigation Act (1923–1925) on national insurance (1923–1927) on the method for determining the unimproved value of land held under Crown leases (1924–1925) on the assessment of war service disabilities (1924–1925) to inquire into extracts from the reports in Parliamentary Debates of speeches made by Mr. Scullin in the House of Representatives on 7 and 19 August 1924, in relation to land tax matters (1924–1925) on the finances of Western Australia, as affected by Federation (1924–1925)
1925–1926	on health (1925–1926) on Norfolk Island affairs (1926) on certain matters in connexion with the British Phosphate Commission (1926)
1927–1928	on wireless (1927) on the Edie Creek (New Guinea) leases (1927) on the Moving Picture Industry in Australia (1927–1928) on the Constitution (Australia)
1929–1930	on the coal industry (1929) to inquire into allegations affecting members of the Parliamentary Joint Committee of Public Accounts in connexion with claims made by broadcasting companies against the Commonwealth Government (1930)

1931–1940

1931–1935

on Jacob Johnson (1931)
on performing rights (1932–1933)
on taxation (1932–1934)
on mineral oils and petrol and other products of mineral oils (1933–1935)
on the wheat, flour and bread industries (1934–1936)
to inquire into and report upon the circumstances associated with the retirement of Lieutenant-Commander Alan Dermot Casey from the Royal Australian Navy (1934)
to inquire into the monetary and banking systems at present in operation in Australia (1935–1937)

1936–1940

on doctors' remuneration for national insurance service and other contract practice (1938)
regarding the contract for the erection of additions to the General Post Office, Sydney (1939)

1941–1960

1941–1950

to inquire into and report upon the contract or contracts with Abbco Bread Co. Pty. Limited for the supply of bread to the Department of the Army, and other matters (1941)
to inquire into circumstances under which certain public monies were used and to whom, and for what purposes such moneys were paid (1941)
an inquiry into a statement that there was a document missing from the official files in relation to "The Brisbane Line" (1943)
to inquire into and report upon certain transactions of the Sydney Land Sales Control Office, and the Canberra Land Sales Control Office of the Treasury (1947)
to inquire into certain transactions in relation to timber rights in the Territory of Papua-New Guinea (1949)

1951–1960

on the Port Augusta to Alice Springs Railway (1951–1952)
on television (1953–1954)
on espionage (1954–1955)

1961–1980

1961–1970

on alleged improper practices and improper refusal to co-operate with the Victoria Police Force on the part of persons employed in the Postmaster-General's Department in Victoria in relation to illegal gambling (1962–1963)
on loss of HMAS Voyager (1964)
on the statement of Lieutenant Commander Cabban and matters incidental thereto (1967–1968)
into exploratory and production drilling for petroleum in the area of the Great Barrier Reef (1970–1975)

1971–1980

1971–1975

Aboriginal Land Rights Commission (1973–1974)
Australian Post Office Commission of inquiry (1973–1974)
of Inquiry into land tenures (1973–1976)
on petroleum (1973–1976)
of Inquiry into the maritime industry (1973–1976)
Independent Inquiry into Frequency Modulation Broadcasting (1973–1974)
of Inquiry into transport to and from Tasmania (1974–1976)
on Australian Government Administration (1974–1976)
on human relationships (1974–1978)
on intelligence and security (1974–1977)
into alleged payments to maritime unions (1974–1976)
to inquire into and report upon certain incidents in which Aborigines were involved in the Laverton area (1975–1976)
on Norfolk Island (1975–1976)

1975–1980

of Inquiry into drugs (1977–1980)
of Inquiry into matters in relation to electoral redistribution Queensland, 1977 (1978)
of Inquiry into the efficiency and administration of hospitals (1979–1981)
of Inquiry into the viability of the Christmas Island phosphate industry (1979–1980)
on the activities of the Federated Ship Painters and Dockers Union (1980–1984)

1981–2000

1981–1990

1981–1985

of Inquiry into Drug Trafficking (1981–1983)
into the activities of the Australian Building Construction Employees' and Builders Labourers' Federation (1981–1982)
into Australian meat industry (1981–1982)
of Inquiry into the activities of the Nugan Hand Group (1983–1985)
on the use and effects of chemical agents on Australian personnel in Vietnam (1983–1985)
on Australia's security and intelligence agencies (1983–1985)
of Inquiry into compensation arising from social security conspiracy prosecutions (1984–1986)
into British nuclear tests in Australia (1984–1985)
of inquiry into alleged telephone interceptions (1985–1986)

1986–1990

of inquiry into Chamberlain convictions (1986–1987)
into grain storage, handling and transport (1986–1988)
into Aboriginal Deaths in Custody (1987–1991)

1991–2000

of Inquiry into the Australian Secret Intelligence Service (1994–1995)
of Inquiry into the leasing by the Commonwealth of accommodation in Centenary House (1994)
of Inquiry into the relations between the CAA and Seaview Air (1994–1996)

2001–2020

2001–2010