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

As the chamber will be aware, I have amendments around enabling complaints about My Aged Care, ACAT and the RAS process. Minister, is the government prepared to support those amendments? If not, why can't community members lodge complaints about that—

The CHAIR: Senator Siewert, it's probably better if you move the amendments first, and then they're live.

by leave—I move Australian Greens amendments (1) to (3) on sheet 8811 revised together:

(1) Schedule 2, page 31 (after line 19), after item 19, insert:

19A Paragraphs 56 -1(k) and (l)

Repeal the paragraphs, substitute:

(k) to do the following:

  (i) allow people acting for care recipients to have such access to the service as is specified in the User Rights Principles;

  (ii) provide such people information relating to the residential care being provided by the service;

(l) to do the following:

  (i) allow people acting for bodies that have been paid *advocacy grants under Part 5.5, or *community visitors grants under Part 5.6, to have such access to the service as is specified in the User Rights Principles;

  (ii) provide such people information relating to the residential care being provided by the service;

19B Paragraph 56 -2(j)

Repeal the paragraph, substitute:

(j) to do the following:

  (i) allow people acting for bodies that have been paid *advocacy grants under Part 5.5 to have such access to the service as is specified in the User Rights Principles;

  (ii) provide such people information relating to the home care being provided by the service;

19C Paragraphs 56 -3(j) and (k)

Repeal the paragraphs, substitute:

(j) to do the following:

  (i) allow people acting for care recipients to have such access to the service as is specified in the User Rights Principles;

  (ii) provide such people information relating to the flexible care being provided by the service;

(k) to do the following:

  (i) allow people acting for bodies that have been paid *advocacy grants under Part 5.5 to have such access to the service as is specified in the User Rights Principles;

  (ii) provide such people information relating to the flexible care being provided by the service;

(2) Schedule 2, page 49 (after line 14), after item 47, insert:

47A At the end of section 18

Add:

; (c) the performance of any assessment (however described) conducted, in accordance with the rules, for the purposes of accrediting an aged care service referred to in paragraph 19(a);

(d) the performance of any quality review conducted, in accordance with the rules, of a service referred to in paragraph 19(b);

(e) the performance of any monitoring, in accordance with the rules, of the quality of care and services provided by:

  (i) approved providers of an aged care service referred to in paragraph 19(c); or

  (ii) service providers of Commonwealth-funded aged care services;

(f) the performance of any electronic platform established by the Commonwealth to provide information relating to the provision of aged care services or Commonwealth-funded aged care service.

47B At the end of subsection 21(2)

Add:

; (c) the performance of any assessment (however described) conducted, in accordance with the rules, for the purposes of accrediting an aged care service referred to in paragraph 19(a);

(d) the performance of any quality review conducted, in accordance with the rules, of a service referred to in paragraph 19(b);

(e) the performance of any monitoring, in accordance with the rules, of the quality of care and services provided by:

  (i) approved providers of an aged care service referred to in paragraph 19(c); or

  (ii) service providers of Commonwealth-funded aged care services;

(f) the performance of any electronic platform established by the Commonwealth to provide information relating to the provision of aged care services or Commonwealth-funded aged care service.

(3) Schedule 2, page 49 (after line 19), after item 48, insert:

48A At the end of Division 3 of Part 7

Add:

59B Publicly available report on complaints etc. relating to approved providers and service providers

(1) As soon as reasonably practicable after the end of each calendar month, the Commissioner must:

(a) prepare a report setting out the matters mentioned in subsections (2) and (3); and

(b) make the report publicly available.

(2) For approved providers the Commissioner received complaints or information about, the report must set out:

(a) the number of complaints or information received about each approved provider during the calendar month; and

(b) the number of complaints or information received about each approved provider during a previous calendar month that were not resolved or dealt with by the end of the calendar month;

(c) for each aged care responsibility that the complaints or information relates to—the number of complaints or information received relating to the responsibility; and

(d) both:

  (i) the type of actions taken by the Commissioner to address the complaints, or to deal with the information, and

  (ii) the number of those types of actions taken.

(3) For service providers of Commonwealth-funded aged care services the Commissioner received a complaint or information about, the report must set out:

(a) the number of complaints or information received about each service provider during the calendar month; and

(b) the number of complaints or information received about each service provider during a previous calendar month that were not resolved or dealt with by the end of the calendar month; and

(c) for each responsibility under the funding agreement that relates to the service that the complaints or information relates to—the number of complaints or information received relating to the responsibility; and

(d) both:

  (i) the type of actions taken by the Commissioner to address the complaints, or to deal with the information, and

  (ii) the number of those types of actions taken.

(4) The report must not include personal information unless the inclusion of the personal information is necessary to identify the approved provider or service provider (as the case may be).

I've got a series of questions, obviously, around these issues, which I will try to get through very quickly. Could I ask the government: what would be the issues with the complaints process addressing My Aged Care, the ACAT process and the RAS process?

The CHAIR: You started off by asking the minister if the government could agree to those amendments, so that's what you're asking? Yes? I call the minister.