Conflict of interest: Aged Care Commissioner also a non-executive member of an aged care provider

“Minister for Ageing Justine Elliot’s temporary appointment of Professor John Kelly AM as Aged Care Commissioner presents a huge conflict of interest because of his current role as a ‘non-executive’ of aged care provider Riviera Health,” said CPSA’s Charmaine Crowe and Aged Care Crisis’s Lynda Saltarelli in a joint statement today.

“This decision by the Minister adds weight to the widely-held belief that the influence of the aged care industry in Australia is a case of the tail wagging the dog.”

The Commissioner impartially examines decisions about aged care complaints, accreditation and penalties made against sub-standard nursing homes. The Commissioner then recommends to the Department of Health and Ageing to change or maintain these decisions.

“How will Professor Kelly deal with a complaint made against one of Riviera’s 15 profit-based homes? How will that complaint be considered ‘impartially’? How will he act if he is asked by Riviera to review a penalty for failing standards? Will he deal with that impartially if under pressure by Riviera?"

“Four homes managed by Riviera have already been the subject of Notices of Non-Compliance for failing one or more of the 44 standards under the Aged Care Act. How can complainants be sure his impartiality is not undermined by pressure from Riviera?”

“Professor Kelly is also a consultant to the Guild Lawyers, a member of the Guild Group, which provide advice to the aged care sector. It is conceivable that Guild Lawyers would assist homes when making appeals to the Aged Care Commissioner about accreditation, non-compliance or sanction decisions.”

“The former Aged Care Commissioner Rhonda Parker stepped down from her role on the board of the Aged Care Standards and Accreditation Agency before assuming the role of Commissioner. “

“Minister Elliot must remove Professor Kelly from the position of Aged Care Commissioner and appoint someone impartial and not tied up with aged care providers.”

Media contact: 0410 612 182

Charmaine Crowe
Policy Coordinator
Combined Pensioners and Superannuants Association (CPSA)
Level 9, 28 Foveaux Street Surry Hills NSW, 2010
Phone (02) 9281 3588
Mob 0410 612 182
Fax (02) 9281 9716