Tony Pasin (Barker, Liberal Party, Shadow Assistant Minister for Infrastructure and Transport) Share this | Hansard source

With the passage of the Albanese government's Aged Care Bill through the Senate, the coalition has upheld our commitment to a rights based framework for older Australians to guarantee a world-class aged-care system into the future. The Aged Care (Consequential and Transitional Provisions) Bill 2024 makes technical transitional and consequential provisions to support the commencement of the Aged Care Bill 2024. This legislation contains three schedules. Schedule 1 amends the Crimes Act, the Freedom of Information Act and the National Disability Insurance Scheme Act to align the aged-care worker screening requirements with the established disability and childcare requirements. Schedule 2 transfers administrative and legal requirements to ensure existing services delivered under the old act are conveyed into the Aged Care Bill. Schedule 3 repeals existing aged-care legislation from 1 July 2025, including the Aged Care Act 1997, the Aged Care Quality and Safety Commission Act 2018 and the Aged Care (Transitional Provisions) Act 1997.

Although these technical changes are required, what is most disappointing about this bill is the fact it lacks clear transitional arrangements to support the sector to implement the government's Aged Care Bill. Throughout the important Senate inquiry into the Aged Care Bill, witnesses consistently gave evidence that the absence of a clear transition or implementation plan will make the implementation timeframes, particularly for the new Support at Home program, unachievable. This could negatively impact the care that can be delivered for older Australians.

An overwhelming number of witnesses emphasised the lack of information in the Aged Care Bill, combined with the uncertainty about the content of subordinate legislation and delegated instruments, making it exceedingly difficult for stakeholders to prepare for the upcoming changes. Mr Tom Symondson, CEO of the peak body for aged care providers Aged & Community Care Providers Association, stated that there are serious concerns across the sector regarding the preparedness for implementation and the need for 'a sensible transition'.

Importantly, it is not only providers who recognise how crucial it is to understand the transitional arrangements before these changes can be implemented. During a lived experience panel, older Australian Mr Peter W, who lives with heart failure and severe respiratory disease, stated:

Providers, financiers and those ensuring in-house governance cannot prepare new systems without a profound understanding of all the rules comprising grant subsidies that will not be fully available until February 2025. The earliest that Support at Home can start is 1 July 2026, not 2025. So don't rush. Let's get it right.

But this government continue to ignore the voices of the older Australians that their Aged Care Bill seeks to support. This government continue to put an election cycle before the needs of older Australians and the broader aged-care sector.

It has become overwhelmingly clear that transitional and implementation arrangements must be in place to mitigate the legitimate risk of unintended consequences from the Aged Care Bill coming into effect on 1 July 2025. The coalition will continue to call on this government to address the need for transitional provisions. That is why the opposition last week in the Senate moved an amendment that sought to include transitional arrangements within the Aged Care Bill. In doing so, we sought to ensure that the government put in place clear implementation provisions and grace periods for up to 12 months from the date this legislation comes into effect. It would have ensured the significant package of reforms could be implemented without perverse impacts for older Australians and the sector. Worryingly, the government did not support these amendments. Labor voted against the inclusion of a transitional provision and, in doing so, they voted against ensuring providers are prepared by training staff, adapting budgets and IT upgrades.

We need to ensure that unique operations of small, individual and regional providers have a clear transition timeline so that they can adapt while maintaining high standards of care. And while the bill establishes the framework for transitional rules to modify provisions of the new act for a period of 12 months, there is no guarantee that the minister will actually provide for any transitional arrangements. We do not believe that transitional provisions should be optional, particularly when it comes to reform of this size. They should be mandatory.

We will continue to stand up for the sector, which has made it loud and clear that transitional provisions must be in place. We believe there must be an obligation on the minister to prescribe transitional rules. Because while the government believes there is a one-size-fits-all policy option to implementing its reforms, the coalition knows that's not what it looks like on the ground. Given the diverse landscape of the aged-care sector, it is vital that policy decisions reflect the realities faced by all types of providers, particularly those in regional areas that may experience unique challenges.

As the coalition, we will always stand up for older Australians living in the bush to ensure they are not forced to move thousands of kilometres away, leaving their loved ones behind, because of this government's rigid regulations. The government must ensure changes are not stressful for the community and are easily understood by the residents within aged care. That's why we also need flexibility in legislation to ensure it is appropriate for aged care right across Australia, not just those in inner-city suburbs. And that's why, most importantly, transitional provisions must be in place to implement the aged-care bill in a way that recognises the diverse landscape of the aged-care sector across our nation.

The coalition will support this bill in line with our commitment to the new rights based framework for our aged-care sector, but we condemn the Albanese government for putting at risk older Australians and the aged-care sector by neglecting to provide a clear transition period.

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