Anika Wells (Lilley, Australian Labor Party, Minister for Aged Care) Share this | Hansard source

I present a supplementary explanatory memorandum to the Aged Care Amendment (Implementing Care Reform) Bill 2022 and move the government amendment as circulated:

Schedule 1, item 2, page 3 (line 26) to page 4 (line 6), omit subsection 54-1A(4), substitute:

(4) Without limiting subsection (3), the Quality of Care Principles made for the purposes of that subsection must:

(a) provide for the circumstances in which an exemption from this section may be granted (on application or otherwise) to an approved provider in relation to a residential facility, including that:

(i) such an exemption may be granted by the Secretary; and

(ii) before granting such an exemption, the Secretary must be satisfied that the provider has taken reasonable steps to ensure that the clinical care needs of the care recipients in the facility will be met during the period for which the exemption is in force; and

(b) provide that such an exemption that is granted to an approved provider in relation to a residential facility must not be in force for more than 12 months; and

(c) provide that more than one such exemption may be granted to an approved provider in relation to a residential facility; and

(d) provide for the conditions that may apply to such an exemption that is granted to an approved provider in relation to a residential facility.

(5) If an exemption from this section is granted to an approved provider in relation to a residential facility, the Secretary must make publicly available information about the exemption, including:

(a) the name of the provider and the facility; and

(b) the period for which the exemption is in force; and

(c) any conditions that apply to the exemption; and

(d) any other information of a kind specified in the Quality of Care Principles.

Before I speak directly to that amendment, I'd like once again to acknowledge and thank everybody who has contributed either to the Senate inquiry or to the ongoing consultation around the delegated legislation. One thing that has been extremely clear to me throughout this process is that we all have a very clear shared goal—to see older Australians get the care that they deserve from the aged-care sector. There is clear support for the intent of this bill.

The government is progressing amendments to the bill because of feedback received during the Senate Community Affairs Legislation Committee inquiry and their subsequent report. I would like to specifically thank Senator David Pocock and his office for their productive and early engagement on these changes, as well as all of the members and senators that have engaged with me and my team on this. I'm open to working with anyone who wants to see improved outcomes for our aged-care sector.

The amendments will clarify points in schedule 1 of the bill. They specifically relate to exemptions that may be granted to approved providers in relation to the 24/7 registered nurse requirements. The amendments provide that the secretary will be the decision-maker in respect of any exemption and that the secretary must be satisfied that the provider has taken reasonable steps to ensure that the clinical care needs of the care recipients in the facility will be met if that exemption is granted. This will ensure that the needs of the care recipients are central to any decision to grant an exemption. The amendments also provide that an exemption cannot be granted for longer than 12 months, ensuring that exemptions are regularly being reviewed. Finally, the amendments provide that the secretary must publish details in relation to any exemptions that are granted. These decisions should be public, as this will incentivise providers to meet that requirement rather than seeking an exemption. It will also increase transparency, providing older people and their families with information so that they can make more informed decisions about their care.

We are committed to getting aged-care reforms right to deliver the care that older Australians deserve, and we will continue to work through the details with the sector, with unions, with older Australians and with our colleagues in this place. We continue to be very open to having discussions and working with other members of this parliament to work towards better outcomes for older Australians. We want to do this reform once and we want to do it well for a lasting positive impact on people's lives. That will require all of us to work together to make it happen.

Question agreed to.

Bill, as amended, agreed to.

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