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

I thank the minister and I appreciate the offer. I seek leave to move amendments (1) to (5) on sheet 1187 together.

Leave granted.

I move amendments (1) to (5) on sheet 1187 together:

(1) Schedule 1, item 2, page 4 (lines 8 and 9), omit "(other than in circumstances set out in the Quality of Care Principles)".

(2) Schedule 1, item 2, page 4 (line 11), at the end of 54-3(2), add:

; (i) a fall by the residential care recipient.

(3) Schedule 1, item 2, page 4 (line 22), omit "or (h)", substitute ", (h) or (i)".

(4) Schedule 1, item 2, page 5 (after line 17), at the end of section 54-3, add:

(8) Despite subsections (5), (6) and (7), the Quality of Care Principles must require an approved provider to refer a *residential care recipient involved in a *reportable incident under paragraph (2) to the recipient of an *advocacy grant under section 81-1.

Note: The referral of a residential care recipient involved in a reportable incident to the recipient of an advocacy grant is for the purpose of the residential care recipient being provided free, independent and confidential advocacy services. Advocacy services may include encouraging understanding of, and knowledge about, the rights of the residential care recipient and enabling the recipient to exercise those rights.

(5) Schedule 1, item 3, page 10 (after line 17), after subsection (7), insert:

(8) Without limiting subsection (1), the rules must make provision for:

(a) the publication of information relating to each reportable incident referred to in subsection 54-3(2) of the Aged Care Act, including but not limited to:

  (i) the number of each reportable incident, for all approved providers; and

  (ii) the number of each reportable incident, for each approved provider, in all facilities or services operated by the approved provider that provide flexible care or residential care services; and

  (iii) the number of each reportable incident in each facility or service that provides flexible care or residential care services; and

(b) the publication of the information referred to in paragraph (a) on a quarterly basis, on the website of the Quality and Safety Commission.

(9) However, the rules must not make provision for the publication of personal information in relation to any reportable incident.

These amendments relate to the comments that I made in my speech in the second reading debate, and that is to include the use of all restraints as reportable incidents, not just those outside the care principles; to deal with falls as reportable incidents under this scheme rather than as the government's current intention is; and also the referral of families and residents to advocacy services. Under the legislation, as I articulated in my second reading contribution, providers are required to provide support to those affected. What we are putting in here is a requirement to ensure that they're referred to advocacy services, because a lot of people want independent support if a serious incident occurs. We're not mandating the services; we're saying they should be referred to some advocacy services. There are some very good services out there.

The amendments also include the publication of reportable incident data, which is why I was asking that previous question. At the moment, they're not being provided in the manner that counsel assisting recommended, which was, as I articulated in my second reading contribution, about making sure there was global-, provider- and facility-level reporting of these instances in a timely manner so there's true transparency and accountability and the community and families have a very good understanding about what's going on. We don't see why this data could not be provided in this manner. I heard what the minister said in answer to my question: he agreed. I thank the minister for acknowledging the need for greater transparency and accountability, but we know this is needed in the serious incident report, so I don't see why that could not be done now. We don't need the royal commission to tell us again that this needs to happen. We know it needs to happen. We know it needs to be at that level. So I don't see why the requirements for the provision and reporting of that data cannot be included in this particular piece of legislation.