Carina Garland (Chisholm, Australian Labor Party) Share this | Hansard source

Aged-care reform is a really important part of our government's agenda. I remember, during the election campaign in 2022, speaking to people in my community about our ambition to make sure that our older Australians were treated with dignity and respect, because, unfortunately, we saw that this was not the case, and we also saw that the previous government were not taking adequate action to ensure that they were. Aged care is really important to communities right across the country, because this is something that almost everyone has been touched by in some way, whether they are already experiencing living in aged care themselves, whether they have a family member or other loved one in aged care, or whether they are thinking about their own future and what that might mean for their own care. This is something that every single person in this country has a stake in, and I'm really proud to be part of a government that is taking the necessary action to ensure that older people, now and in the future, will be treated with the dignity and respect that they absolutely deserve. I commend the Minister for Health and Aged Care and the Minister for Aged Care for their diligent focus in being able to deliver these significant reforms.

The Aged Care Bill 2024 will replace the Aged Care Act and the Aged Care Quality and Safety Commission Act. This is a landmark, once-in-a-generation reform that will shape the way we support people to live independently and with dignity as they age. This bill builds on the already significant work the Albanese Labor government has done to improve the quality of aged care and increase the wages of aged-care workers, who are incredibly hardworking, compassionate, skilled people who have always been dedicated to the people they look after. I think we particularly saw their dedication and their love during the worst parts of the COVID pandemic, and I really want to note the enormous contribution they made during that time and, of course, every single day both before and since that time.

This bill responds directly to recommendations 1 to 3 of the Royal Commission into Aged Care Quality and Safety, and it addresses 58 recommendations in total. Since the tabling of the royal commission report in 2021, 136 recommendations have been addressed. Notably, 94, the vast majority of these recommendations, have been addressed by the Albanese Labor government. This legislation is going to deliver a rights based aged-care system; a new program to support older people to live independently in their own homes for as long as possible; a new regulatory framework and a stronger regulator; new quality standards; and fair co-contributions to make the Australian aged-care system sustainable into the future. This includes the reforms we legislated through the Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022 and the Aged Care Amendment (Implementing Care Reform) Act 2022, including the requirement to have a registered nurse onsite 24 hours a day, seven days a week. This bill will place high-quality, safe and compassionate care and services for older people at the centre of the system.

This bill includes a statement of rights for older people and a positive duty for providers to uphold those rights; a single entry point to the aged-care system, with clear eligibility requirements and a fair culturally safe assessment process; the framework for delivery of a range of aged-care services, including residential care and the new Support at Home program; and fair co-contributions from those who can afford to contribute to the cost of their aged care—this is to make sure the aged-care system is sustainable into the future. It includes mechanisms for the Commonwealth to fund aged-care services, including aged-care related grant programs; a new approach to regulating aged care which will balance explicit incentives for continuous improvement in high-quality care, including through new quality standards and stronger regulatory powers to protect people from harm; and a new ministerially appointed complaints commissioner and whistleblower protections to make sure older people, workers and others have clear pathways to raise concerns about the quality of aged-care services.

Aged care is an issue that my office and, I suspect, the offices of many in this place are contacted about all the time. We're anxious to see our older residents treated with the best and safest care possible. I visited a number of aged-care facilities in my own electorate of Chisholm, including with Minister Anika Wells. I'm so inspired by the people who dedicate their lives to working in aged care, who are absolutely the most compassionate and caring people you could hope to meet. I'm glad we're building a system that supports them to do their work but also supports the people who live in aged care to live full and rich lives throughout their ageing process and supports people to age at home as well; we know that, increasingly, people want to age at home and enjoy the comforts of the life they've built for themselves over many years in their communities.

I will summarise the new aged-care chapters. Chapter 1 outlines the objects and enacts a statement of rights for older people and a statement of principles. It includes important definitions and key concepts, like what we mean when we talk about high-quality care. The aim of the bill is to ensure that, in conjunction with other legislation, we give effect to Australia's obligations under international human rights treaties and provide a forward-thinking, robust system of aged care. This chapter also sets out how supporters and representatives can assist people to navigate the aged-care system.

Chapter 2 steps through in detail when and how people can access the aged-care system, bringing together the complex multiple-entry pathways that were criticised by the royal commission. It creates a single, culturally safe entry and assessment pathway. This is really important for people who are entering into the aged-care system who we know may already be quite worried about what the future looks like. This will provide them with some certainty, structure and comfort. The assessment will actively involve older people in discussions about the services they need to support them as they age, and the assessment will be fair and equitable, knowing that we've got to get the balance right around what is funded by taxpayers and what is a co-funded part of the system.

Chapter 3 outlines how aged-care providers must register with the Aged Care Quality and Safety Commission and the conditions that apply to registration. It sets out general obligations that apply to providers, responsible persons, workers and digital platform providers.

Chapter 4 outlines the detailed funding arrangements for aged care and implements the recommendations of a taskforce established in 2023 to deliver a fair framework for individuals to contribute to the cost of their own care when they have the means to do so. This is to ensure that our aged-care system is financially sustainable and enduring, and able to stand up to meet the needs of an ageing population in Australia.

Chapter 5 outlines the functions of the Aged Care Quality and Safety Commissioner, the system governor, the new independent complaints commissioner, and the Aged Care Quality and Safety Advisory Council.

Chapter 6 provides the Aged Care Quality and Safety Commissioner and the department with regulatory powers consistent with those of other Commonwealth regulators. This is really important.

Chapter 7 protects certain aged-care information and data and balances those protections against the need for information transparency. Significantly, this chapter facilitates the use, collection and disclosure of aged-care information and data where it is necessary for the proper operation of the aged-care system and for other appropriate purposes.

Chapter 8 details important operational matters: appropriating consolidated revenue for the purpose of funding aged care, delegation of decision-making authority, specifying those decisions that may be reconsidered and externally reviewed; and outlining our plans to review the aged-care system in the future.

I think we can all agree in this place, or at least I hope we can all agree, that it is a really fundamental role of government to make sure that everybody in our communities is treated with dignity and respect and has their health and basic needs met. Our rights based approach to aged care and the reforms that we have already implemented and seek to implement through the introduction of this legislation will mean that we have a sustainable, robust and compassionate system that is fit for use now and well into the future.

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