Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Hansard source

I have a couple of things there in response. One, I would say to the stakeholders that are arguing for that change: I'm sure that can be put and argued in relation to the new Aged Care Act in 2023, if they believe that is the superior way of doing this. I would say that this only applies where it is inconsistent with state and territory laws—so, again, that narrows it. Again, it's not a blanket free-from-prosecution arrangement; it's where all of the necessary steps of the quality of care and the hierarchy of substitute decision-makers—where all of that has been followed. This is something that I'm advised the Council on the Ageing agrees with.

For anyone who has worked in aged care—and I certainly spent some time in aged care about three years ago—you have to have clear arrangements in place around how these arrangements are used. But there are times when these arrangements do need to be used. They need to be used carefully and in accordance with the law. But where that happens it is reasonable for the staff involved, making those very difficult decisions in very stressful circumstances, to also be given appropriate protection for the decisions that are made when they have followed all the other requirements of the law. And that's the position the government's come to. Whether there's further discussion from stakeholders around how they believe that can be better managed, I'm sure the minister will be very open to those discussions in relation to the aged care act that will be introduced next year.