House debates

Wednesday, 9 October 2024

Bills

Aged Care Bill 2024; Second Reading

6:20 pm

Photo of Dai LeDai Le (Fowler, Independent) Share this | Hansard source

I know! Independently and in her home. She lives on the third level of a block of units in Carramar. I was so surprised because, when I knocked on the door and it opened up, there she was with her son sitting there. Apparently the children take turns in coming and cooking for her and cleaning for her. But I was so amazed to see this 104-year-old sitting there in her bed on the third floor of her block of units in Carramar.

I have also visited many other nursing homes within my electorate to speak to aged-care residents to understand the state of our aged-care system. I found some of our aged-care facilities in Fowler to be so professional. The staff provide so much care, especially when speaking the resident's language, and they provide the culturally appropriate food that is needed. I know that, if you're coming from a culturally and linguistically different background, it's very important to have food that you grew up with, and so some of those areas are working for them.

The population of people aged 60 in Fowler in 2021, according to the ABS, was about 39,498 people, which is more than 20 per cent of the entire population of Fowler. As of June 2023, there are 28,648 recipients of aged-care services in south-west Sydney. The cohort of the aging population will only continue to grow.

Constituents have attended my office and written in about the issues with the aged-care system on behalf of their parents or loved ones. Interestingly, a young consistent named Jennifer wrote to me, saying:

I would never put my parents in an aged care facility as I heard it is full of substandard care and even neglect. My parents cannot speak English well so it's more concerning.

I think this is a stigma currently attached to the aged-care system—that it is distrustful, incapable and not fit for purpose. The issues and concerns shared were not far from what was found in the report of the Royal Commission into Aged Care Quality and Safety.

There is a lot to unpack with the Aged Care Bill. I understand that the Aged Care Bill will address 60 recommendations of the royal commission's report and the Final report of the Aged Care Taskforce. The bill will establish a modern rights based legislative framework that focuses on the safety, health and wellbeing of older individuals and places their needs at the centre of the aged-care system. I'm glad to hear that this approach will be taken, and I commend the government for following the royal commission's report recommendations in drafting the objects of this bill.

It is crucial to get the objects of this bill right to set the scene for an aged-care framework that's workable, sustainable and trusted. If we all put ourselves in the shoes of those needing aged care—we will all age and be in need of aged care one day—wouldn't we want a system that has a high level of service and care that would ensure individuals accessing aged-care services are free from mistreatment, neglect and harm, that the services are accessible and more? Surely, we all would want a system of aged care that is of the highest standards.

However, as my constituent Jennifer shared, it is important to ensure that the needs of individuals of diverse cultural and linguistic backgrounds are being addressed and that they do not become unintentionally neglected. Whilst the object does provide for an aged-care system which takes into account the needs of the individuals first, regardless of their location, background and life experiences, I urge the government to clearly stipulate that the new aged-care system will ensure that the needs of culturally and linguistically diverse people are also being effectively accounted for.

When I spoke to my constituents, it was a common theme that they wanted an aged-care system which supported their ability to live at home safely. This is particularly relevant to older people who came to Fowler as refugees and migrants and who have invested their whole life working to buy their family home, so there is an undeniable attachment.

Again, in my doorknocking, I have met so many seniors living at home and being cared for by their loved ones because they believe that our aged-care system doesn't cater to their cultural needs. This is where our home-care package is crucial. The royal commission's report revealed, 'Older people are not getting the home-care package at the time and level needed, with the wait time to be as long as 34 months'—that's about three years—'for those with the highest needs.' This meant that people could literally die waiting for a home-care package. The report also found that the home-care packages were insufficient to meet the needs of many older people, such as the highest level of care only getting eight hours and 45 minutes of service per week. This is disappointing to hear.

I understand the government will be introducing the new Support at Home program, replacing the home-care packages and short-term restorative care to the tune of $4.3 billion, which works out to be about $19 per person. This is supposed to include more tailored support determined at assessment and eight ongoing classifications, instead of the four Home Care Package levels, starting at $11,000 per year and reaching $78,000 per year for the top classification. These figures might make sense to the policymakers who developed them, but the critical point will be: will this new program provide adequate care for our aging population? Not only that, but the government needs to ensure that this latest information is clearly explained and provided to those in culturally and linguistically diverse communities in Fowler and across Western Sydney. Too often when the government makes policy decisions and changes from the ivory tower of Canberra, by the time it gets to where lives matter, the information gets lost in the lack of translation and practice. Home-care services reported that the largest proportion of recipients were those with a preferred language other than English. Will the government ensure that the brochures are circulated in various languages to assist CALD older individuals navigate the new Support at Home program?

There will be new rules for aged-care providers and workers. Aged-care providers will be required to apply for registration which will be decided by the commissioner. There is also a separate set of obligations on aged-care workers and 'responsible persons of registered providers' to comply with the aged care code of conduct. Failing to do so will incur civil penalties. This is in line with recommendation 92 of the royal commission's report. There is pressure for the aged-care providers to do the right thing or risk a high civil penalty or lose their registration.

Aged-care providers who attended my aged-care forum shared two primary concerns regarding the Aged Care Bill during the exposure draft: financial sustainability for providers to meet the compliance requirements; and whether it would lead to uninsurable risk, such as that providers will not be able to obtain insurance due to the high civil penalties. To be clear, I think the new aged-care system must have strengthened compliance requirements for aged-care providers to ensure that individuals accessing the service are not subjected to harm or neglect. Providers doing the wrong thing need to know that there will be dire consequences under the aged-care reform.

However, there must be a balance and a compromise with key stakeholders, such as providers, for long-term and sustainable reform. We do not want to be in a position whereby older people will not be able to access the residential care and support that they need because providers are unable to support their operations. And we do not want to burden providers with excessive bureaucratic demands of filling out paperwork instead of focusing on what they do best, which is to provide care for our loved ones in an aged-care facility.

This aged-care reform is critical for Australians, and I welcome the government's efforts in taking the steps to respond to the royal commission's report for a better aged-care system. Aged care being a rights based model is a step forward. I reiterate that it is important that these reforms be explicitly inclusive to the needs of the culturally and linguistically diverse ageing population, especially those in my electorate of Fowler.

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