Rex Patrick (SA, Independent) Share this | Hansard source

I would have supported the amendments, if that can be recorded. I seek leave to move amendments (1) and (2) on sheet 1186 together.

Leave granted.

I move amendments (1) and (2) on sheet 1186 together:

(1) Clause 2, page 2 (at the end of the table), add:

(2) Page 25 (after line 9), at the end of the Bill, add:

Schedule 4—Staffing Ratio Disclosure

Aged Care Act 1997

1 After section 9 -3B

Insert:

9 -3C Obligation to notify Secretary of staff to care recipient ratios

(1) An approved provider must, for each residential care service operated by the approved provider and for each day referred to in subsection (4), notify the Secretary of the ratio of:

(a) care recipients to whom residential care is being provided through that residential care service; to

(b) staff members of the approved provider who provide a service connected with that residential care service.

Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act. Information notified under this section is made publicly available (see section 86-9).

(2) The ratio must also be broken down into ratios for each category of staff member referred to in subsection (5).

(3) In counting staff members for the purposes of this section, part-time staff members are to be taken into account as an appropriate fraction of a full-time equivalent.

(4) For the purposes of subsection (1), the days are the following:

(a) the 4 days, in each year, specified in the regulations; or

(b) if no days are specified in the regulations for the purposes of paragraph (a)—each 1 January, 1 April, 1 July and 1 October.

(5) For the purposes of subsection (2), the categories of staff member are the following:

(a) registered nurses level 1;

(b) registered nurses level 2;

(c) registered nurses level 3;

(d) registered nurses level 4;

(e) registered nurses level 5;

(f) enrolled nurses;

(g) nurses with a certificate IV or an equivalent qualification;

(h) personal care attendants;

(i) allied health staff;

(j) other staff members.

(6) A notification under subsection (1) must be made as soon as practicable and in any event within 28 days after the day to which the notification relates.

(7) The notification must be in the form approved by the Secretary.

(8) The notification may include an explanation by the approved provider in relation to any ratio notified. The explanation must not exceed 250 words in total.

Note: If an explanation is provided, the explanation will be made publicly available: see section 86-9.

(9) If, between making notifications under subsection (1), there is a change of more than 10% in a ratio notified under that subsection, the approved provider must, within 28 days of that change, notify the Secretary of the change.

(10) The Secretary must cause a review of the operation of this section to be undertaken as soon as possible after the first anniversary of the commencement of this section.

(11) The review must include a review of:

(a) the operation of subsection (4) and whether the ratio referred to in subsection (1) should be reported for both daytime and night time and for Saturdays and Sundays; and

(b) the operation of subsection (9) and whether the requirement to notify changes under that subsection creates an unnecessary reporting burden for smaller residential care services.

(12) The Secretary must give the Minister a written report of the review.

(13) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

(14) In this section:

staff member of an approved provider has the same meaning as in section 63-1AA.

2 After subsection 86 -9(1)

Insert:

(1A) The Secretary must make publicly available:

(a) any information about staff to care recipient ratios of residential care services notified to the Secretary under section 9-3C; and

(b) for each residential care service for which information is so notified in relation to a day:

  (i) any information about the average claim made in relation to that service for that day under the Aged Care Funding Instrument (as in force or existing from time to time); and

  (ii) any information about whether, relative to other residential care services, that average claim is low, medium or high.

3 Subsection 86 -9(2)

After "(1)", insert "or (1A)".

As I discussed in the second reading debate—I won't talk for too long; I'm just reminding the chamber—this amendment is simply about making staffing ratios, and the qualifications of staff, available to people who may wish to put themselves into an aged-care facility. It may also assist relatives making choices in terms of putting people into facilities. It is a no-cost option, but it is informative to the users of the system. I'm hopeful that the Senate will support it.