SAP103: Australian Welfare Law - An Analysis of Aged Care Services

This essay provides an analysis of welfare law pertaining to the aged in Australia, focusing on the support and services provided by the Commonwealth Government, state/territory governments, local governments, and non-government organizations. It discusses the importance of carers and the relevant legislation, including the Home and Community Care Act 1985 and the Aged Care Act 1997. The essay concludes that while Australia's senior citizens are well-protected by legislation, there is a need for improved policies to support carers and address any existing gaps in service.

Running head: WELFARE LAW
Welfare Law
Name of the Student
Name of the University
Author Note

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Table of Contents
Introduction......................................................................................................................................2
Discussion........................................................................................................................................2
Analysis of literature....................................................................................................................2
Social welfare pertaining to old age........................................................................................2
An overview of aged care services in Australia......................................................................3
Government support................................................................................................................3
Non-government support.........................................................................................................5
Importance of Carer.................................................................................................................6
Conclusions derived from analysis and assessment of the topic:................................................6
The relevant welfare law for the aged:........................................................................................6
Conclusion:......................................................................................................................................7
References........................................................................................................................................8

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Introduction
The paper include the words ‘aged’ and ‘elderly’ to refer to people over 65 years old.
However, support are given to people who might be younger, like different kind of concessions
are offered to people who might be even 55 years old are provided by the three tier of the
government and numerous non-government sectors as well. According to the Human Rights
Organization of Australia, aged Australian contribute around $39 billion each year for unpaid
caring ("Face the facts: Older Australians | Australian Human Rights Commission", 2018). The
main responsibility is on the Commonwealth to extend its assistance and support for the aged.
The paper strives to discuss the various aspects of the welfare law pertaining to the aged and lay
down an analysis of the same in Australia.
Discussion
Analysis of literature
Social welfare pertaining to old age
Social welfare or the social security refers to a system where the Commonwealth
Government of Australia provides payments to the ones who are eligible to receive the support.
These supports are provided by analyzing the individual or family as to whether they can do
without such governmental support. Aged care comes under a major category under the social
welfare system of Australia. Considering the contribution of the aged in Australia, the older
citizens should be known for their skills of community building. However, it is evident that aged
people are often put under social exclusion for their negative attitude. They are labelled as “frail,

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slow and too old” as they do miss their targets or work deadline. The Age Discrimination Act of
2004 came out to protect such aged people from being ill-treated for their old aged. The advent
of such laws make a way for checking the negative views of people on old age and its
disadvantages ("'Caring for the Elderly' - an Overview of Aged Care Support and Services in
Australia – Parliament of Australia", 2018).
An overview of aged care services in Australia
Numerous government (all three levels: Commonwealth, State and local) and non-
government (voluntary, NGOs and community services) programs provide care and services for
the aged Australians. Most support is given to the group of the older population who are in acute
need of the support. Although the age of the people is the major criteria for deciding the grant
however, people who are even below the age of 55 has been granted helpful hands and support.
Recently, the policies related to ‘healthy ageing’ paired with ‘ageing in place’ is being taken into
consideration which means the aged are supposed to stay away from the health facilities as much
as possible for their overall fitness, mentally and physically ("New laws that will affect
Australia", 2018). It saves the government from shelling out excess cost on the aged and
conforms to the wish of maximum number of old people ("'Caring for the Elderly' - an Overview
of Aged Care Support and Services in Australia – Parliament of Australia", 2018).
Government support
Commonwealth
The commonwealth government gives the following support to the aged people, through
communities or programs:

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 Old age pension
 Assistance for rent and payment for certain disabilities
 Residential services
 Medical benefits
 Housing facilities
 Community care support
 Acute care for the extremely old and disables.
 Rehabilitation services
 Legal aid services
 Counselling services in terms of finances and otherwise.
It is evident from the data collected from the Parliamentary documents that a major
portion of the commonwealth funding is given to the aged community, most above the age of 65,
suffering from extreme old age or disability ("'Caring for the Elderly' - an Overview of Aged
Care Support and Services in Australia – Parliament of Australia", 2018).
State/Territory
The Australian states and territories provides a wide range of welfare supports and
services to the old citizens. The states and territories, along with the joint funding of the
commonwealth, run various old age community services. Some of the services are as follows:
 Carer assistance
 Transport assistance
 Providing individual community carer/caregiver
 Information services
 Respite care

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 Give discount cards, which provides concessions on a wide range of goods and services.
 House help
 Support system for Dementia related issues
The Department of Ageing, Disability and Home Care run by the State provides an
extensive range of support and services to the aged ("'Caring for the Elderly' - an Overview of
Aged Care Support and Services in Australia – Parliament of Australia", 2018).
Local
The local government also provides some kind of supports and services to the olds, which are
backed up by the Commonwealth and the State. Such as:
 Relief facilities for old petitioners
 Matters relating to land management if the aged
 Accommodation benefits
 Provisions for home help
 Operating clubs especially for the senior citizens
The local government strives to lend its helping hand mostly to co-ordinate old people
and make sure that they receive the support and services that they deserve ("'Caring for the
Elderly' - an Overview of Aged Care Support and Services in Australia – Parliament of
Australia", 2018).
Non-government support
The non-government sector that includes NGOs, community homes, private health
facilities, support organizations, residential aged care facilities, and others provide a wide range
of support and services to the aged. Various charitable institutions contribute to the cause as
well. The non-governmental sectors contribute approximately 20% of the cost of the welfare

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services offered to the aged ("Australia's welfare 2001, Table of contents - Australian Institute of
Health and Welfare", 2018). The private profitable sector also involves itself to provide support
to the old, especially for offering health related services and residential care.
Importance of Carer
The carer is the person who has the responsibility to take utmost care of the aged. It
mainly comprises friends and family members of the aged. A carer makes sure that the aged
receives all the support and benefits that he is in acute need. It is unfortunate that many a times
the carer receive negligible or no funding and support from the governmental or non-
governmental agencies. However, some bodies like the ‘Carer Australia’ that represents and
advocates on behalf of the unpaid carers and tries to influence the government to make policies
for them ("About Us ‐ Carers Australia", 2018).
Conclusions derived from analysis and assessment of the topic:
The aged are given a crucial place at the welfare service sector of Australia. The
government at various levels and the non-governmental agencies take active part in providing
support, care and services to the aged. The carers are no less when it comes to caring for their
near relatives, family members and friends who are suffering from old age issues, like dementia,
arthritis ("New laws that will affect Australia", 2018). However, improved policies needs to be
framed and implemented for better handing of the cause.
The relevant welfare law for the aged:
Some of the important legislations that are imperative for supporting the aged are:

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 Home and Community Care Act 1985
 Australian Institute of Health and Welfare Act 1987
 Aged Care Act 1997
 Aged Care Principles
These statutes have been supporting and protecting the aged for so long. They have been
ensuring that the aged people receive the best support and services that can be afforded by the
government.
Conclusion:
Therefore, to conclude, it can be stated that the Australian senior citizens are well
guarded with protected legislations that strives to provide for utmost support and care to them.
The Commonwealth, state and local government has been doing a commendable job in
implementing the facilities in real that are promised on the policies. However, the few lacunas
relating to the neglecting carers must be mended for it affects the aged in some way.

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References
About Us ‐ Carers Australia. (2018). Retrieved from
http://www.carersaustralia.com.au/about-us/
Australia's welfare 2001, Table of contents - Australian Institute of Health and Welfare. (2018).
Retrieved from https://www.aihw.gov.au/reports/australias-welfare/australias-welfare-
2001/contents/table-of-contents
'Caring for the Elderly' - an Overview of Aged Care Support and Services in Australia –
Parliament of Australia. (2018). Retrieved from
https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/
Parliamentary_Library/Publications_Archive/archive/agedcare
Face the facts: Older Australians | Australian Human Rights Commission. (2018). Retrieved
from https://www.humanrights.gov.au/face-facts-older-australians
New laws that will affect Australia. (2018). Retrieved from
https://www.news.com.au/finance/money/costs/new-laws-and-changes-that-will-affect-
australia-from-january-1-2018-and-beyond/news-story/
85825f4092834190a292a828aacb7c3d