Janet Rice (Victoria, Australian Greens) Share this | Hansard source

Thanks, Minister. Yes, we agree with you that there are some very important steps that need to be stepped through. As I said, we accept you're putting in place the quality-of-care principles and putting in place that hierarchy of decision-makers where there isn't state and territory legislation. But what I want to put on the record is that, in fact, there is a significant divergence of opinion from stakeholders, and I have had many stakeholders come to me deeply concerned. I've had the Law Council brief me about how significant it is to put in place an immunity from prosecution. They were unwilling to say whether it was something they would come out strongly against because they weren't sure as to just how many cases it would apply to. Nothing that they said to me, nothing that you have said to me today, has given me any reason as to why we should be putting in place an immunity from prosecution.

From a human rights centred approach to aged care, it does not seem to be the appropriate thing to do—to be taking away the human rights of aged-care residents, even if it is only in a very small number of cases and even if it is only in circumstances that are exceptional, where guidelines and hierarchy of decision-makers have been followed and somebody has made the determination that's necessary. We want to still maintain the possibility for people who feel, despite that determination that it was necessary having been put in place, that harm has been done, and to give people the opportunity to have their human rights upheld by allowing a case to be taken against them. Yes, some of the sector support this but many others in the sector don't. I go back to the findings of the joint committee on human rights that basically pointed out to us the significance and the seriousness—which does not seem to be justified, and I've heard no arguments tonight as to why it's justified—as to why we should be giving providers an immunity from prosecution, even if it's only in these particular tightly controlled circumstances.