Andrew Wilkie (Denison, Independent) Share this | Link to this | Hansard source

I move:

(1) Schedule 2, page 30 (after line 29), after item 6, insert:

6A At the end of section 95A -1

  Add:

     (3) Recommendations made by the *Aged Care Commissioner to the Secretary must be acted on.

     (4) If a recommendation identifies an act or omission that constitutes a failure by the approved provider to meet a relevant standard for the provision of aged care (see Part 4.1), the Secretary must give a copy of the recommendation to the approved provider.

     (5) If the approved provider does not rectify the failure within a reasonable time after the recommendation was given to the approved provider, the Federal Court may, on application by the Secretary or the *Aged Care Commissioner, make such orders as the court considers appropriate for the purpose of ensuring that the recommendation is given effect.

     (6) Despite any other provision of this Act, the *Aged Care Commissioner may investigate reports of failure to meet a relevant standard for the provision of aged care (see Part 4.1) made directly by a care recipient or an agent of a care recipient.

I believe there is concern among many aged-care recipients that, where complaints are made to the Aged Care Commissioner and the commissioner finds those complaints have merit, those complaints are often not acted on by the department or the care provider. This leaves recipients of care in a situation where they are not being looked after to a reasonable standard and have exhausted all their avenues of redress, leaving them stranded. Recipients of care should not be made to jump through hoops or engage with an inadequate internal complaints system before going directly to the commissioner. I believe this amendment clarifies their rights.

It is also important that the commissioner's powers are extended so that where a care recipient's rights have been infringed, or where a reasonable standard of care has not been met, the problem can be fixed. In fact, to achieve that end, the commissioner should be able to go directly to the Federal Court when a problem is not being fixed. I think having that right would also enhance the independence of the commissioner's role.

What this amendment would achieve is nothing new. Other commissioners have similar powers and the Aged Care Commissioner even has similar powers in relation to specific matters. This amendment simply ensures that the commissioner has the appropriate power to protect the recipients of aged care. The amendment does not change the way the commission is structured. It simply increases the ability of people in care to have their concerns addressed. It does that in three ways. Firstly, when a recommendation is made by the commissioner to the secretary of the department it must be acted on. Secondly, a copy of the recommendation from the commissioner is to be given to a provider and, if the problems identified are not fixed, the commissioner or the secretary can go to the Federal Court to ensure the recommendations are enforced. Finally, care recipients or their agents can go directly to the commissioner without any need to engage with any other process.

Question negatived.

Bill agreed to.