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COVID-19 visitation rules: managing visitors who oppose visitation requirements

Anita Courtney, Victor Harcourt, Matthew Goessler

The Omicron variant of COVID-19 has posed a significant challenge to the aged care sector. The indiscriminant spread of COVID-19 through the sector and ever-changing guidance and regulation has required approved providers of residential aged care facilities (RACFs) to adapt quickly to mitigate against the risk of COVID-19 transmission and infection.

Families of aged care residents are by now familiar with the additional requirements that apply when they visit their loved ones. Despite this, not all visitors understand or appreciate the health imperatives underpinning visitation restrictions. Some aged care providers may also encounter challenges with visitors in relation to vaccination status and or compliance with Personal Protective Equipment (PPE) or Rapid Antigen Test (RAT) requirements. RACFs should be prepared to deal with these challenges.

Responding to complaints about COVID-19 visitation requirements

COVID-19 measures such as mask and vaccination requirements have been divisive in society at large and the aged care industry has been the target of some of those objecting to these requirements.

Some aged care providers have received lengthy letters, sometimes couched as official looking documents titled “notice” or “cease and desist demand” from family members challenging the validity of their policies, whether on masks, vaccines or RATs.

Responding to these letters can be time-consuming given the objections of some complainants are deeply entrenched. Nonetheless, family members and visitors have a right to make complaints and it is important to address these as you would any other complaint. 

It is important you are clear about the basis on which you are imposing the restriction. For example:

  • Are you merely complying with the public health orders, eg. by only allowing entry to vaccinated visitors? If this is the case, make sure you have considered the latest iteration of the orders which are constantly changing.
  • Alternatively, are you imposing additional requirements beyond the minimum legal requirements on the basis of your duty of care or other safety considerations? For example, although the public health orders do not require visitors to be vaccinated in Victoria, some aged care providers in the state do require visitors to be vaccinated unless they have a medical exemption.

Where your requirements exceed the public health orders you should explain why you have assessed it is necessary to go beyond the requirements, taking into account the wishes of your residents and their representatives, the current risk profile in the community and how onerous the requirement is (eg. asking someone to wear a mask is less onerous than asking them to be vaccinated). Providers should also be mindful that there is an expectation that any restrictions on visitation are expected to be balanced with their responsibilities for meeting the physical, social and emotional needs of residents. Striking an appropriate balance can be difficult. The Industry Code for Visiting in Aged Care assists providers to achieve an appropriate balance between these considerations based on the current level of risk at a facility.

What if the complaint escalates?

If an explanation has been provided and the communication persists to the point that staff are finding it harassing or stressful, then a different approach may be needed. For example, you may need to refer a persistent complainant directly to the Commission if they continue to raise the same arguments over again.

If conduct becomes abusive, harassing or threatening, this should be managed as a workplace health and safety issue. Abusive behaviour cannot be tolerated. It may be necessary to limit that person’s communication to designated persons and/or times, restrict their ability to visit or contact the site. In extreme cases, you may need to seek assistance from the police or apply for an intervention order. These sorts of measures should not be undertaken lightly but must be implemented where the risk to staff or residents becomes unacceptable.

How we can help

If you require assistance in responding to a difficult situation or in managing the risks presented by abusive conduct, please do not hesitate to contact Anita CourtneyVictor Harcourt, or any member of our Aged Care Team.

If you would like to keep up to date with Alerts, news and Insights from our aged care team, you can subscribe to our mailing list here.

Other useful resources

Key Personnel obligations for all approved aged care providers take effect 1 December 2022

Russell Kennedy Key Personnel Package of Documents: Russell Kennedy has developed a range of resources that approved providers can purchase individually or as a pack to ensure compliance with the new requirements of key personnel. We have a Key Personnel Suitability Matters Information and Assessment Form and Guide to assist with gathering and assessing the information. We have letters and guides for key personnel explaining the changes, the regulatory context and their key obligations. We have also developed a template policy, as well as clauses for agreements and contracts.

Download our flyer here to find out about the key personnel package, and email rkagedcare@rk.com.au to find out about pricing and to purchase all or any of the resources available.

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