Tune pulls no punches in capability audit

David Tune’s report on the capability of the Aged Care Quality and Safety Commission to function under the new Aged Care Act, which is to kick in on July 1 2024, has hit the PM’s desk with a thud.


His recommendations are sweeping and while he maintained a positive position, in his own words there is a lot for the commission to do in order to become the regulator the aged care sector so badly needs.

He acknowledged that since its inception in 2019, the commission has faced significant challenges – COVID being the nastiest. However, if pointed to internal challenges that have hampered its performance including difficulties in attracting and retaining staff, especially among quality assessor staff.

Another problem is the resourcing of corporate services such as ICT and HR, which he said had not kept pace with the growth in the commission’s functions and staffing needs.

While he was quick to praise hard work, Mr Tune said that to become a trusted, high performing regulator, the commission must “as a matter of urgency” fix its organisational structure, senior leadership, and internal governance.

“It needs strategic, visible leadership, and a focus on being engaged right across the sector and community, in an open and transparent way,” he said.

He also recommended changes to the organisational structure to reduce functional silos, bring together like functions, improve accountability, spans of control and delegation of powers, and the redesign of internal strategic governance arrangements.

Also in need of urgent attention is its complaints process and Serious Incident Response Scheme (SIRS).

“This is a huge workload, and the appointment of the new Aged Care Complaints Commissioner must proceed as a high priority,” he said.

“The complaints system must be urgently reviewed to ensure that complaints are triaged appropriately, that complainants have assurance that concerns are being followed up, and the wider community gain trust that matters of concern to older Australians and their families are getting priority attention. There must be regular and more detailed reporting on complaints and SIRS.”

Mr Tune said the commission needed to be more open, transparent and accountable, and adopt a far more collaborative approach in shaping and delivering its regulatory responsibilities and work program, partnering with providers and peaks and utilising opportunities for co-design with providers and consumers.

“If the Commission does these things – and this is an important caveat – I believe it will be set up for success,” he said.

In a note to government, he said it would be ill-advised to require the commission to take on any additional new functions, bar those already agreed upon, before the commencement of the new Act.

“Rather, the Commission should be encouraged to bed down recent new functions and be given some ‘clear air’ to implement recommendations from this review,” he said.