The new Serious Incident Response Scheme and the responsive regulation of abuse in aged care

In response to criticisms of the reporting criteria for abuse in aged care that were aired in the Australian Law Reform Commission's Report into Elder Abuse and more recently, the Royal Commission into Aged Care Quality and Safety, a new Serious Incident Response Scheme (SIRS) came into effect in April 2021. The new SIRS expands the definition of elder abuse and removes the exemption for reporting resident on resident abuse where the perpetrator has a diagnosed cognitive impairment. The Aged Care Quality Commission has outlined a comprehensive plan for the new SIRS in line with their model of responsive regulation. This article questions the extent to which the new scheme will improve regulation of reporting and management of resident-to-resident assaults, and reduce abuse in the aged care sector if not accompanied by improvements in the staffing levels and working conditions for the aged care workforce.