Internal Department of Health emails released under Freedom of Information laws have exposed significant turmoil over a last-minute decision to strip assessors of their power to override automated aged care recommendations.
For months, assessment staff had been reassured that human judgment could correct faulty outputs from the algorithm determining Support at Home (SaH) packages. However, just three days before the system’s scheduled rollout, health officials realized that allowing human overrides would directly violate the newly drafted Aged Care Rules 2025 legislation, which contains no legal provision for human discretion.
This unexpected legal conflict forced senior department staff into an emergency briefing with Aged Care Minister Sam Rae and Health Minister Mark Butler. In their urgent correspondence, officials warned the ministers that eliminating human override capabilities carried substantial operational risk.
Despite these warnings, the department ultimately chose to remove override powers from assessor instruction manuals rather than amend the underlying legislation to grant assessors legal flexibility. The Department of Health has yet to comment on why it opted to restrict human intervention instead of adjusting the regulatory framework.