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

The Aged Care Legislation Amendment Bill 2024 seeks to change three aspects of the current Aged Care Act 1997 to achieve three key outcomes to allow for the Department of Health and Aged Care to conduct residential care data assurance reviews, allow for the variation or revocation of income and asset determinations and clarify the maximum accommodation payment arrangements that may apply for voluntary moves within a residential aged-care facility. It's interesting that this government, having known about the constitutional issues addressed in this bill since the ANAO delivered their report in January 2023, has decided to introduce this bill in the final stages of this parliamentary year. It leads to the question of what, again, the government is trying to hide. We are concerned that the government's current aged-care strategy appears to be focused on increasing red and green tape for providers, leading to greater complexity and burdensome compliance. Far too often we hear that these requirements can hinder effective service delivery which is providing quality care to older Australians.

This bill, the Aged Care Legislation Amendment Bill 2024, grants the Secretary of the Department of Health and Aged Care the authority to conduct residential care data assurance reviews. These reviews are designed to improve the completeness, accuracy and reliability of residential care data, which can further increase the power of the department and the Aged Care Quality and Safety Commission in their oversight roles. By implementing these assurance reviews, this legislation aims to mitigate risks associated with data breaches and to support voluntary room transitions within residential aged-care services. However, this raises questions about the implications for smaller and regional providers, who often operate under constraints and may not have the same resources as large organisations. We know that it is the smaller rural, regional and remote aged-care providers who are most impacted by this government. We've seen this already with the government's stringent care minute requirements in the midst of a serious workforce crisis.

Although we acknowledge some provisions that this government has recently made for rural, regional and remote Australians, including the provision for 10 per cent of care minutes to be delivered by enrolled nurses and the $300 million aged-care capital assistance round, which we forced the government to deliver during aged-care negotiations, it is still clear that this government makes city-centric policies. As the coalition, we will always stand up for older Australians living in the bush to ensure that they're not forced to move thousands of kilometres away, leaving their loved ones behind, because of this government's rigid regulations.

Sadly this is the reality for many older Australians under this government, as we heard over the past month during the Aged Care Bill Senate inquiry. People in the bush are being forced away from home as more and more aged-care homes are forced to close. We don't want to see this continue to happen. That's why we need flexibility in legislation to ensure it's appropriate for aged care right across Australia, not just for those in the inner-city suburbs. But we do know that transparency in data collection and reporting is critical. Reliable data ensures that older Australians can make informed choices about their care options. Reliable data also enhances the integrity of residential care subsidy payments and allows for effective evaluation of how additional funding, provided in response to the Royal Commission into Aged Care Quality and Safety, impacts service delivery.

Additionally, the bill proposes stronger foundations for income and asset determinations, which will be administered by Services Australia for the Department of Veterans' Affairs. This move further centralises authority and processes, potentially complicating operations for providers who must navigate these changes. Ensuring that care recipients can easily update their financial information and that calculations for aged-care fees are accurate is crucial. The processes must remain flexible to the unique circumstances of different providers.

This legislation needs a clear communications campaign, which, again, this government has failed to deliver so far. The government must ensure changes are not stressful for the community and are easily understood by the residents within aged care. It is important we always bring our older Australians into the conversation about any changes to their journey of aging. Given the diverse landscape of the aged-care sector, it's vital that policy decisions reflect the realities faced by all types of providers, particularly those in regional areas that may experience unique challenges.

In response to the escalating administrative demands, the coalition will propose an amendment focused on reviewing existing red and green tape. We will move an amendment which aims to ensure that the reporting burdens imposed on providers do not outweigh the necessary information being collected, thereby promoting a more balanced approach to regulation. It is essential that the data collected reflect the diversity of care models and practices across different providers.

In summary, while the intention behind the Aged Care Legislation Amendment Bill may be to improve data integrity and oversight, the implications of increased regulation and centralised power must be carefully considered. There is a pressing need for a regulatory framework that recognises and supports the unique operations of small, individual and regional providers, ensuring they can thrive while maintaining high standards of care. We will be carefully scrutinising this bill to ensure that it does not have any further unintended consequences on an already reform-fatigued sector. Ultimately, the coalition supports a strong aged-care system now and into the future. I now move the amendments circulated in my name:

That all words after "That" be omitted with a view to substituting the following words:

"the House notes the Government must ensure that:

(1) the reporting burden imposed on providers does not outweigh the necessary information being collected; and

(2) all aged care providers are focused on delivering high quality care for our older Australians"

Debate adjourned.