Anika Wells (Lilley, Australian Labor Party, Minister for Aged Care) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

Today I introduce the Aged Care and Other Legislation Amendment (Royal Commission Response) Bill 2022.

Restoring dignity, care, accountability and humanity back into aged care starts with the Royal Commission into Aged Care Quality and Safety.

Reforming aged care starts by listening.

It starts by recognising that we are not the first government to be challenged to confront these issues.

This isn't the first parliament that has needed to take action on aged care.

Too many parliaments, too many governments have shunned the hard work needed to support our aged-care system.

The royal commissioners wrote:

Over the last several decades, successive Australian Governments have brought a level of ambivalence, timidity and detachment to their approach to aged care.

This government, myself included, may be many things, but we are not timid, ambivalent nor detached.

Aged care is in crisis. It has been for decades. A poor system was weak before a pandemic made it weaker.

Over the last decade we have all been warned.

Over the last decade the hazard lights have been flashing bright red.

Over the last decade our oldest Australians in residential care were pressing call buttons in the night and receiving silence.

They are crying out for a government to act.

Over the last decade there have been 23 reports, inquiries, studies, committee reports and a royal commission telling us the same story.

We must confront the missed opportunities.

We must see change.

I seek leave to table the 23 reports for the House conducted over the last nine years in aged care.

These are the reports of neglect, and these are the reports of ignoring aged-care concerns.

These are the stories of the people in care.

These are the stories of neglect, of a system in crisis, of the thousands of Australians crying out for just a little bit better, for just a little care, for just a sense of humanity.

At last. Today that work begins.

Schedule 1 of this bill relates to the new Australian National Aged Care Classification (AN-ACC) model for calculating aged-care subsidies that was endorsed by the royal commission.

Schedule 2 of the bill is a new measure that will facilitate the publication of star ratings

Schedule 3 introduces a code of conduct for the aged-care sector, as recommended by the royal commission.

Schedule 4 of this bill extends the Serious Incident Response Scheme to home care and flexible care

Schedule 5 of this bill strengthens the governance of approved providers.

Schedule 6 facilitates increased information sharing.

Schedule 7 of the bill will increase government oversight of how refundable accommodation deposits and bonds.

Schedule 8 of the bill expands the functions of a renamed Independent Health and Aged Care Pricing Authority.

Schedule 9 of the bill will enable the implementation of an interim solution with respect to the requirement to obtain informed consent for the use of restrictive practices.

Schedule 9 to the bill also provides a limited immunity from civil or criminal liability that may arise in relation to the use of a restrictive practice where someone follows all of the requirements under Commonwealth law in relation to the use of a restrictive practice. This provision does not provide a broad immunity to negligence in respect of the use of a restrictive practice.

Aged care is an urgent priority for this government.

We have seen, we have listened and we are now acting.

I commend the bill to the House.

Mike Freelander (Macarthur, Australian Labor Party) Share this | Link to this | Hansard source

Firstly, is leave granted for the documents to be tabled?

Michelle Landry (Capricornia, National Party, Shadow Assistant Minister for Manufacturing) Share this | Link to this | Hansard source

Yes.

Mike Freelander (Macarthur, Australian Labor Party) Share this | Link to this | Hansard source

Secondly, the question now is that this bill be now read a second time. Is leave granted to continue the debate?

Michelle Landry (Capricornia, National Party, Shadow Assistant Minister for Manufacturing) Share this | Link to this | Hansard source

Yes.

Sussan Ley (Farrer, Liberal Party, Shadow Minister for Women) Share this | Link to this | Hansard source

I rise to speak on the Aged Care and Other Legislation Amendment (Royal Commission Response) Bill 2022. It's a pleasure to speak about a matter that's important to every single member and senator in this place. The stories we have brought to this parliament from our own electorates, from our own families and from the communities over many years were reflected in much that was presented to the royal commission which was instigated by the previous government.

The opposition supports the Albanese government in continuing our work on the fundamental and generational reform of the aged-care system to ensure that it meets the needs of senior Australians both now and into the future. And, of course, the opposition will support this bill because it mirrors the royal commission response bill that we introduced in the last parliament. And, of course, it delivers the second stage of critical aged-care reform that was commenced by our government in response to the royal commission's final report.

It is a shame that Mr Albanese and Labor have played politics with older Australians for the last six months by not facilitating the passage of these significant reforms when our bill was before the 46th Parliament. Effectively, the Labor Party are bringing back a previous bill which they appear to have held up in the previous parliament for political reasons. Delaying this significant and time-critical legislation solely for political gain is incredibly disrespectful to older Australians and their families who will benefit from these reforms. I need to point that out, because this is not new legislation; this is legislation that in effect was parked by the opposition in the previous parliament. The government's treatment of older Australians since the election has, therefore, in our view not been up to scratch. They've ceased the availability of free rapid antigen tests for aged-care homes that are experiencing an outbreak. They've backflipped on their decision not to extend critical COVID support provided by the Australian Defence Force.

Government Members:

Government members interjecting—

Sussan Ley (Farrer, Liberal Party, Shadow Minister for Women) Share this | Link to this | Hansard source

Sure, that support was provided, but the backflipping provided anxiety and uncertainty for residents and providers.

Like the coalition government's bill, this bill replaces the outdated Aged Care Funding Instrument with the Australian National Aged Care Classification, or AN-ACC, residential aged-care funding model from 1 October 2022. This response to royal commission recommendation 120 represents significant funding reform for residential aged care by completing the final step in implementing the AN-ACC model.

The Albanese government promised more support for aged-care providers, but they haven't told us what this is and they haven't told us what this looks like. It's disappointing, too, that the government have chosen to remove the worker-screening regulations contained in the coalition's bill, which were important new regulatory arrangements and were supported by the sector. It's one of the few differences between this bill and the coalition government's legislation. Our worker-screening schedule responded in part to recommendation 77 of the royal commission by establishing authority for nationally consistent pre-employment screening for aged-care workers. Our legislation sought to establish a code of conduct, which would ensure that poor behaviour of approved providers, workers and governing persons is held to account. I'm glad that the government have adopted our code of conduct and subsequent amendments in this piece of legislation, but it's disappointing that the government appear to have capitulated to the unions by removing our specific schedule on worker screening. It is essential that the government stand up to the unions and implement important policies that protect the rights of our care-sector workers and allow nationally consistent databases to be established for all care workers.

Our plan was to have one database, to simplify processes for employers—including aged-care providers—making it easy for NDIS carers, aged carers and veteran carers to move between their caring roles. This would have protected residents, it would have given their families confidence, and it would have allowed providers to know that employees are fit and proper to be caring for our older Australians. Instead, Labor is delaying the commencement of this reform by excluding our schedule, just to fulfil an election commitment—a commitment which, on the face of it, appears to be a carbon copy of our regulations anyway. Put simply, what this does is delay protections for our older Australians. The government are trying to redo what has already been done. We will be keeping a close eye on further upcoming aged-care reform introduced by the government, to ensure these regulations are actually introduced and implemented so that poor conduct in the sector is held to account.

Overall, this bill has eight schedules which directly relate to the Australian government's response to the royal commission. Along with the introduction of the AN-ACC funding model, the bill allows the Secretary of the Department of Health and Aged Care to publish information relating to the new star rating system for all residential aged-care services and providers. The bill will also extend the Serious Incident Response Scheme from residential care to home care and to flexible care delivered in a home or community setting, in line with royal commission recommendation 100. Schedule 6 of the bill aims to provide consistent quality and safety protection for consumers and reduce regulatory burden for cross-sector providers and workers, in line with the existing regulations in the disability sector. The bill implements the second of a three-phase reform process established by our government to create a new financial and prudential monitoring, compliance and intervention framework for the aged-care sector. Finally, the bill expands the functions of the Independent Health and Aged Care Pricing Authority, responding fully or in part to recommendations 6, 11, 115 and 139 of the royal commission.

Ultimately, of course the opposition is committed to supporting the health, safety and wellbeing of older Australians. Again, our significant and time-critical legislation was delayed, and it's incredibly disrespectful of older Australians that that happened. The opposition looks forward to the Albanese government continuing the generational reform of the aged-care system for the benefit of all residents and all older Australians.

Question agreed to.

Bill read a second time.

Message from the Governor-General recommending appropriation for the bill announced.