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

I note that Senator McLucas did not name the provider in this chamber. The reason why I think Senator McLucas did not name the provider is because, as she knows, and as I have advised both her and the Senate as a whole, the matter is under very active police investigation. However, I did expect the question, and I would like to again be very clear and very precise about issues relating to key personnel, and I will also refer to the specifics. As I have informed the Senate, 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 in aged-care services. Approved providers are required to notify the department of changes in their key personnel.

Under the Aged Care Act 1997, it is an offence for a disqualified individual to be 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 aged-care services, the department investigates the matter thoroughly. I therefore reject Senator McLucas’s comment, as reported in the press, that the department adopts any lax procedure. The act does not prevent persons who are disqualified individuals from beneficial ownership of an approved provider or from being employed by an approved provider in a role that is not considered a key personnel position. I have said that previously in this place, but I again iterate it for the benefit of senators who may have forgotten it.

Returning very specifically to the question asked by Senator McLucas, the Australian Federal Police executed a search warrant at Peninsula Aged Care Service at Kippa-Ring in Brisbane on Tuesday, 21 November 2006. The execution of the search was part of an ongoing investigation into allegations that the person is involved in or taking on the management or executive decision making of an approved provider, Peninsula Aged Care Service, in contravention of the Aged Care Act 1997.

There is no suggestion that the care provided at Peninsula Aged Care Services or any other services operated by Peninsula Care Pty Ltd is not meeting the standards required under the Aged Care Act. The Department of Health and Ageing has advised that those conducting the search were briefed thoroughly on the need to be sensitive to residents and their families and the need to allow staff to maintain the normal care routines. The investigation did not involve the taking or examination of any resident’s records or personal details. As Senator McLucas is fully aware, as this matter is the subject of a continuing investigation it would be inappropriate for me to comment any further, and I do not intend to do so.