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

I move:

That this bill be now read a second time.

It is a privilege to introduce this bill for the first time into the House.

First, I would like to thank the staff who work in aged-care facilities across my electorate from Restvale in Lobethal to Sandpiper Lodge in Goolwa. I know that the vast majority of staff, from registered nurses to catering staff—and I might also include all of the wonderful volunteers—are passionate about what they do and they care deeply for the welfare of their residents.

This bill highlights the valuable role that aged-care workers play in our communities. Those that staff our aged-care facilities carry out incredibly important work, with high levels of responsibility, requiring a unique mix of both technical skill and compassion and understanding. It is also a position of great power, with workers responsible for almost every aspect of their residents' day-to-day lives.

The 2017 Australian Law Reform Commission's report, entitled Elder abuse—a national legal response, highlights that it is our workforce that is the first line of defence against elder abuse, and that a professionally trained, qualified and dedicated workforce will respect and advance the rights of older Australians.

Sadly, however, there are those who do not have the right set of skills or attributes to work with our vulnerable older Australians.

Again, the majority of aged-care workers carry out their duties in a safe, competent and ethical manner. However there is a small proportion who present a serious risk to aged-care consumers because they are incompetent or impaired, or engage in exploitative, predatory or illegal conduct.

The Aged Care Quality and Safety Commission Amendment (Worker Screening Database) Bill 2019 amends the Aged Care Quality and Safety Commission Act to establish a database for nationally consistent worker screening.

This bill implements recommendation 4.9 of the 2017 Australian Law Reform Commission report into elder abuse, and seeks to minimise the risk of harm to older Australians from those who work closely with them.

The bill will require all workers and volunteers in the aged-care sector to undergo a screening process with their details then registered on a national database operated by the Aged Care Quality and Safety Commission.

The Aged Care Quality and Safety Commission is an appropriate independent body and will provide greater consistency in decision-making as to whether a person should be cleared to work with vulnerable consumers of aged-care services.

The database will enable employers, and potential employers, to search the database to screen potential employees for any history of misconduct.

Information entered into the database will include involvement in any reportable incidents under the existing compulsory reporting scheme and any disciplinary proceedings and complaints.

It is important to include information beyond merely a criminal history, noting that a guilty finding in criminal proceedings requires a very high evidentiary burden.

This scheme intends to also capture conduct that meets a lower threshold to enable a more comprehensive risk assessment of a person's suitability to work in the aged-care sector.

The entries on the database will be real-time information and should serve as a 'red flag' for potential employers. The database is not a determinative indicator of a person's skills, aptitude or suitability for employment in the aged-care sector but it does give potential employers another tool at their disposal to assess the potential risk posed by an applicant.

The successful implementation of the scheme will require the states and territories to also enact laws regarding screening and the sharing of necessary information, similar to the Intergovernmental Agreement on Nationally Consistent Worker Screening under the proposed National Disability Insurance Scheme national worker screening database.

I note the NDIS national screening database bill is currently before the parliament. I welcome the introduction of this legislation and hope to see it implemented without delay.

In their report on elder abuse, the ALRC predicted what has already been witnessed by many aged care providers, being the sharing of the disability and aged care workforce.

It seems perverse that those working with individuals with disability will very soon be subject to a nationally consistent and rigorous screening system while those in the aged care sector will not.

My bill will ensure consistency between the two sectors and will better enable workers to transition between disability and aged care employers—or from state to state—while also ensuring potential employers can have confidence that their employees have been appropriately screened.

I accept that this will require significant cooperation from all jurisdictions, but I believe such a scheme would have the support of all health ministers. I urge the government to take the proposal to the COAG table.

There is currently a review into the regulation of Australia's health professionals, specifically a number of proposed reforms to the Health Practitioner Regulation National Law, with submissions to COAG closing late last year.

I understand the health minister is currently considering the advice and recommendations from the consultation process. I urge the minister to consider the importance of a national screening process as part of those deliberations.

I commend the bill to the House.

Rob Mitchell (McEwen, Australian Labor Party) Share this | Link to this | Hansard source

Is the motion seconded?

Zali Steggall (Warringah, Independent) Share this | Link to this | Hansard source

I second the member for Mayo's motion and I reserve my right to speak.

Debate adjourned.