House debates

Tuesday, 27 March 2007

Aged Care Amendment (Security and Protection) Bill 2007

Consideration of Senate Message

5:17 pm

Photo of Nicola RoxonNicola Roxon (Gellibrand, Australian Labor Party, Shadow Minister for Health) Share this | Hansard source

This amendment moved by the government will change the commencement date of the Aged Care Amendment (Security and Protection) Bill 2007 from 1 April 2007 to 1 May 2007 for schedule 1, which is the schedule that contains arrangements relating to the investigation of complaints and the establishment of an Aged Care Commissioner. It will also change the commencement date to 1 July 2007 for schedule 2, which contains new requirements related to the compulsory reporting of reportable assaults and protections for those who make reports in accordance with the new compulsory reporting requirements. The Labor Party will support this amendment, because we believe in getting the legislation right. We raised in this House and also in the other place the ridiculous time frame that the former Minister for Ageing put on this bill.

The amendment reflects the concerns that were raised during the Senate inquiry by provider and staff representatives, who noted that working out the principles containing all the operational detail and the new systems to be in place under the bill would require a much longer time frame than the one that the government proposed with the 1 April deadline. The reality is that, if the government had stuck by its 1 April implementation date, the investigation principles—the law on which the responsibilities of approved providers would have been based—would not have been in place at this time, and we would have been asking people to abide by rules that had not been seen.

As I stated during my speech on the second reading of this bill, the former Minister for Ageing demonstrated a rather curious commitment to the time frames that were required in bringing about this legislation. Last July, the former minister announced that the government would introduce this legislation with a start date of 1 April 2007, yet there was no progress at all on the legislation until the bill suddenly appeared without notice as a government reference for a legislation inquiry at the Senate Selection of Bills Committee. It was referred by the Senate to the bills committee before it was even introduced or seen in this House, on the basis of a recommendation from the government. Not having even seen the legislation, Labor was expected to agree to refer the bill for inquiry and an extremely truncated reporting time frame. Having been referred to the committee, the bill was listed and debated in the House long before the Senate process had legitimately run its course. With these amendments, it now seems quite clear that this legislation has not just been rushed through but is still not ready.

The Labor Party will support the government amendment for the delay of the compulsory reporting requirements until 1 July. We also support the extension of time for the establishment of the commissioner of complaints, although Labor believes that this could have been achieved within the initial time frame. We can only hope—and it is convenient that he is here in the House—that the new Minister for Ageing will demonstrate a more thorough understanding of the parliamentary processes and the need for proper preparation than his predecessor did in what is an extremely important area. I commend the amendment to the House.

Question agreed to.

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