Chris Ellison (WA, Liberal Party, Minister for Human Services) Share this | Hansard source

The government will not be agreeing to this amendment. I think Senator McLucas has pointed out the different roles that you have with a department on one hand and the police on the other. The police investigate whether a criminal act has occurred. To that end, the police investigate the circumstances of the reportable assault. By contrast, the department is charged with investigating whether an approved provider has met their responsibilities under the Aged Care Act relating to the protection of residents and providing appropriate care and support. That is why we believe that both of them should be involved. There are two very different investigations, two different aspects—one is in the criminal jurisdiction and the other regulating the provision of aged care. The department and the police do work together. I do not see that that would compromise an investigation by the police. I am certainly not aware of any objection from the police in relation to the aspect that they both be involved.

Question negatived.