Peter Lindsay (Herbert, Liberal Party, Parliamentary Secretary to the Minister for Defence) Share this | Link to this | Hansard source

I move:

That the amendment be agreed to.

The Aged Care Amendment (Security and Protection) Bill 2007 was introduced into the parliament on 8 February 2007 to increase protection for care recipients, including compulsory reporting of abuse, protections for those who report and improved arrangements for the investigation of complaints. The bill was referred to the Senate Standing Committee on Community Affairs for inquiry, and it reported on 9 March 2007. Through the inquiry process, the aged care sector raised a concern about the limited time that aged care providers would have to ensure that they have the system and processes in place to meet the new regulations. Currently, subject to the passage of legislation, the arrangements are to take effect on 1 April 2007. Further, in recognition of the additional responsibilities the bill places on approved providers—especially in relation to communication with staff and instituting new systems—the committee also recommended that the commencement date, particularly in relation to the reporting provisions, be deferred for a period of at least one month.

In response to aged care sector concerns and the subsequent recommendation of the Senate inquiry, the government moved an amendment to the bill to extend the implementation time frames. The government amendment was supported by the opposition and the Australian Democrats and was passed in the Senate on 22 March 2007. Under the amendment, the new complaints investigation arrangements, including the establishment of the new Aged Care Commissioner, will take effect from 1 May 2007. The compulsory reporting and whistleblower protection arrangements will commence from 1 July 2007.

This extension to the time frames will allow the industry to implement appropriate procedures and communicate the new requirements to staff. Compulsory reporting raises complex and sensitive issues and it will be beneficial for providers to have more time to understand and implement required changes in this important area. This amendment will also allow additional time for further consultation with the aged care sector through the Minister for Ageing’s Aged Care Advisory Committee on the detail of the new arrangements, which will be set out in subordinate legislation.

Nicola Roxon (Gellibrand, Australian Labor Party, Shadow Minister for Health) Share this | Link to this | Hansard source

This amendment moved by the government will change the commencement date of the Aged Care Amendment (Security and Protection) Bill 2007 from 1 April 2007 to 1 May 2007 for schedule 1, which is the schedule that contains arrangements relating to the investigation of complaints and the establishment of an Aged Care Commissioner. It will also change the commencement date to 1 July 2007 for schedule 2, which contains new requirements related to the compulsory reporting of reportable assaults and protections for those who make reports in accordance with the new compulsory reporting requirements. The Labor Party will support this amendment, because we believe in getting the legislation right. We raised in this House and also in the other place the ridiculous time frame that the former Minister for Ageing put on this bill.

The amendment reflects the concerns that were raised during the Senate inquiry by provider and staff representatives, who noted that working out the principles containing all the operational detail and the new systems to be in place under the bill would require a much longer time frame than the one that the government proposed with the 1 April deadline. The reality is that, if the government had stuck by its 1 April implementation date, the investigation principles—the law on which the responsibilities of approved providers would have been based—would not have been in place at this time, and we would have been asking people to abide by rules that had not been seen.

As I stated during my speech on the second reading of this bill, the former Minister for Ageing demonstrated a rather curious commitment to the time frames that were required in bringing about this legislation. Last July, the former minister announced that the government would introduce this legislation with a start date of 1 April 2007, yet there was no progress at all on the legislation until the bill suddenly appeared without notice as a government reference for a legislation inquiry at the Senate Selection of Bills Committee. It was referred by the Senate to the bills committee before it was even introduced or seen in this House, on the basis of a recommendation from the government. Not having even seen the legislation, Labor was expected to agree to refer the bill for inquiry and an extremely truncated reporting time frame. Having been referred to the committee, the bill was listed and debated in the House long before the Senate process had legitimately run its course. With these amendments, it now seems quite clear that this legislation has not just been rushed through but is still not ready.

The Labor Party will support the government amendment for the delay of the compulsory reporting requirements until 1 July. We also support the extension of time for the establishment of the commissioner of complaints, although Labor believes that this could have been achieved within the initial time frame. We can only hope—and it is convenient that he is here in the House—that the new Minister for Ageing will demonstrate a more thorough understanding of the parliamentary processes and the need for proper preparation than his predecessor did in what is an extremely important area. I commend the amendment to the House.

Question agreed to.