Santo Santoro (Queensland, Liberal Party, Minister for Ageing) Share this | Hansard source

I thank Senator McLucas for her question, because she raises issues that have been in the public domain and which have been of concern to people who take an interest in these matters. I will not deal with the specifics of Senator McLucas’s question, because, as she quite correctly said, the particular issue that she refers to is under investigation and, I understand, is also subject to legal proceedings. So I will not proceed to address the specific issues, Senator McLucas, although I would be happy, if you wish, to provide you with a private briefing relating to the legal situation that applies now.

But I am able to inform the Senate about policies that apply to changes of key personnel, which I think is at the core of the question asked by Senator McLucas. The Aged Care Act 1997 sets out requirements for approved providers and their key personnel. Key personnel are those persons responsible for the management of the approved provider’s business and aged care services. Approved providers are required to notify the department of changes to their key personnel. A person convicted of an indictable offence is a disqualified individual and is not permitted to be a key personnel of an approved provider. It is an approved provider’s responsibility under the Aged Care Act 1997 to ensure that none of its key personnel is a disqualified individual. Approved providers are required to notify the department of any changes to their key personnel and to notify if changes are the result of key personnel becoming disqualified individuals.

Under the Aged Care Act 1997 it is an offence for a disqualified individual to be a key personnel of an approved provider. If the department receives information that a person who is known to be a disqualified individual appears to be participating in the management of an approved provider’s business or aged care services then the department investigates the matter thoroughly. Where the investigation identifies evidence which supports allegations that the person is undertaking key personnel activities, the department refers the matter to the Director of Public Prosecutions, who decides whether the evidence is sufficient to support a prosecution of that matter. Under those guidelines and those policies, it seems to me that issues that are as sensitive as that raised by Senator McLucas have been appropriately dealt with, and I am confident that the specific issue which has been raised by Senator McLucas is similarly being dealt with currently.