Rebekha Sharkie (Mayo, Centre Alliance) Share this | Hansard source

by leave—I move amendments (3) and (4) on the sheet revised 4 November 2024, as circulated in my name, together:

(3) Clause 601, page 541 (line 3), omit "fifth", substitute "third".

(4) Clause 601, page 541 (after line 4), after subclause (1), insert:

(1A) Without limiting subsection the matters to be covered by the review, the review must:

(a) have regard to the objects of the Act; and

(b) consider the following matters:

(i) the operation of the Statement of Rights and the Statement of Principles;

(ii) the effectiveness of the Act in delivering the objects, including enabling individuals to exercise choice and control;

(iii) the effectiveness of the Act in embedding the role of supporters in the aged care system;

(iv) the extent of unmet demand for funded aged care services in a home or community setting;

(v) the duration of waiting periods from application to service commencement for funded aged care services in a home or community setting;

(vi) the effectiveness of the governance (under Chapter 5) and regulatory mechanisms (under Chapter 6) of the aged care system in overseeing and ensuring the quality of funded aged care services;

(vii) the effectiveness of the Act in ensuring equitable access to funded aged care services for individuals, regardless of their location, background and life experience;

(viii) the effect of Part 3 of Chapter 4 (about individual fees and contributions) on the sustainability of the aged care system, service usage and outcomes for individuals accessing funded aged care services;

(ix) the use of refundable accommodation deposits and daily accommodation payments;

(x) the proportion of aged care accommodation payments being charged at the maximum accommodation payment amounts;

(xi) the proportion of registered providers who charge an accommodation payment approved under section 290 (that is, an approved accommodation payment that is higher than the maximum accommodation payment amount);

(xii) the quality and timeliness of data published about the performance of the aged care system.

This relates to clause 601, the statutory review. I have heard from key stakeholders, including National Seniors and Council of the Ageing, that the planned mechanisms for statutory review of the act after five years of operation are insufficient and too distant into the future. I've therefore moved amendments (3) and (4) in my name to require review of the operation of the act within six months after the third anniversary of the commencement of the act, with a report to the parliament to be tabled within 15 sitting days of the report being given to the minister.

I've also consulted with Council of the Ageing, COTA, regarding the inclusion of proposed terms of reference for the act's statutory review being an inclusive rather than exclusive list of matters required to be considered on review based on stakeholder feedback. They include the effectiveness of the act in delivering objects, including choice and control, for individuals; receiving funding for aged-care services; whether the act has been successful in embedding rights, principles and supported decision-making as the foundations of aged care delivered in Australia; whether the level of support and greater investment in support at home has improved access and reduced waiting times for individuals to receive care; the effectiveness of arrangements for regulation and governance of aged care; and the impact on ensuring the quality of funded aged-care services.

In the context of once-in-a-generation reform in the aged-care system coming out of a once-in-a-generation—we hope—royal commission, with huge impacts on older Australians' rights and the quality and cost of care, the importance cannot be overemphasised of building a meaningful statutory review to ensure that the effectiveness of the scheme is rigorously assessed so that improvements can be identified and promptly implemented when needed. I commend these amendments to the House.

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