Rachel Siewert (WA, Australian Greens) Share this | Hansard source

I move Greens amendment (2) on sheet 5796:

(2)    Schedule 1, item 10, page 16 (after line 30), after section 197K, insert:

197L  Qualification—short term or episodic care of disabled adult

Secretary’s determination

        (1)    The Secretary may determine that a person is qualified for a carer payment for a period if:

             (a)    the person is personally providing constant care for a person (the care receiver) with:

                   (i)    a severe disability or severe medical condition; or

                  (ii)    a disability or medical condition; and

             (b)    a treating health professional has certified in writing that, because of the severe disability or severe medical condition or because of the disability or medical condition:

                   (i)    the care receiver will need personal care for at least 3 months but less than 6 months; and

                  (ii)    the care is required to be provided by a specified number of persons; and

             (c)    apart from the fact that the care receiver will need personal care for less than 6 months, the person would qualify for a carer payment under section 198.

Limits on period determined

        (2)    The period determined by the Secretary:

             (a)    must be 3 months or more and less than 6 months; and

             (b)    must not begin before the person’s start day.

197M  Qualification—extension of short term or episodic care of disabled adult

Extension of qualification under section 197L

        (1)    This section applies if:

             (a)    a person is qualified for a carer payment for caring for a person (the care receiver) for a period (the preceding period):

                   (i)    under section 197L; or

                  (ii)    if this section has previously applied to the person and the care receiver—under the most recent application of this section; and

             (b)    before the end of the preceding period, the person gives the Secretary a certificate from a treating health professional certifying that:

                   (i)    because of a severe disability or severe medical condition, or a disability or medical condition, the care receiver will need personal care for a further period of less than 3 months starting immediately after the end of the preceding period; and

                  (ii)    the severe disability or severe medical condition, or the disability or medical condition, is the same as, or related to, the severe disability or severe medical condition, or the disability or medical condition, that necessitated the care for the preceding period; and

                 (iii)    the care is required to be provided by a specified number of persons.

Person qualified for further period determined by Secretary

        (2)    The person is qualified for a carer payment for a further period if:

             (a)    apart from the fact that the care receiver will need personal care for less than 6 months, the person would qualify for a carer payment under section 198; and

             (b)    the Secretary determines that a carer payment should be granted to the person for the period.

        (3)    The period determined must end not later than 6 months after the first day on which the person started to receive a carer payment under section 197L.

Amendment (2) relates to the qualification for short-term or episodic care for an adult with a disability. As I articulated in my second reading contribution, the Greens are strongly supportive of the amendments in this bill to deal with episodic care. It is very important to provide support for carers of children who require episodic care.

During the Senate inquiry, it was apparent that there are adults who require episodic care as well, particularly around mental illness. People with a mental illness may have episodes where they require care. I understand that this bill is predominantly about carers of a child with a disability. The point I raised in my second reading contribution, and I also made to the minister earlier, is that we know there is a deficiency in the current legislation as it relates to adult carers and we could fix it now rather than having to wait for the next round of amendments. I appreciate the government’s commitment to the next round of amendments—I do not doubt that for a minute—but I think that where we have a problem and we know how to fix it, we should do something about it and do it now. The Greens want to extend the provisions to provide care for adults who require episodic care, with a particular focus on those with a mental illness. But I am also aware that there are some degenerative diseases that also require episodic care.

Does the government recognise that there is potential in the current legislation? Also, during the inquiry the issue was raised about the provision of qualification for episodic care being extended for two years. I seek confirmation from the government that that is in fact the case. As I understand it, there will be a significantly reduced requirement after the six months—if episodic care is required again within two years that there would be a reduced requirement for application for those episodic care provisions. I would appreciate it if the government could answer those questions, as well as supporting the amendments.