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

I'm very pleased to rise today to support the passing of the Inspector-General of Aged Care Bill 2023. The bill's an integral step in following through on the recommendations of the Royal Commission into Aged Care Quality and Safety. The creation of an accountability mechanism is much needed to ensure the aged-care system is supporting and protecting older Australians.

The Greens fundamentally believe that the federal government needs to play a central role in the funding, regulation and support of high-quality aged-care services. We believe that Australia's aged-care system should be underpinned by transparency and accountability. And whilst we hope to see the government go further in these areas, we commend the establishment of an independent accountability mechanism to monitor aged-care services. We welcome the submissions provided to the inquiry through the Senate Community Affairs Legislation Committee's inquiry process and recognise the very useful input that was provided that informed the bill and its implementation. This process received unanimous support from the committee for the establishment of an independent inspector-general. However, there were organisations and community members who raised important concerns, recommending that the bill would benefit from a greater human rights' focus, a statutory framework for government responses and a role for the inspector-general in assessing individual complaints. A submission also made it clear that aged-care advocates are in favour of seeing the recommendations of the royal commission implemented swiftly.

We heard from the Older Persons' Advocacy Network, who said:

… OPAN strongly supports the critical role of the Inspector-General in calling out systemic issues and significant problems across the aged care system and making recommendations to Government for improvement.

OPAN continued:

We believe the Bill provides for significantly increased system accountability and transparency through reporting to Parliament and maintaining a strong focus on implementation of Royal Commission recommendations. We strongly support the Inspector-General of Aged Care having powers to deal with complaints about the Department of Health and Aged Care, the Aged Care Quality and Safety Commission, and the Aged Care Financing Authority.

Similarly, Aged and Disability Advocacy Australia said:

ADA supports the stated objectives of the legislation, particularly, to implement the identified recommendations of the Royal Commission into Aged Care Quality and Safety (the Royal Commission) which relate to the establishment and operation of the office of the Inspector-General, and the role of this office in ensuring accountability and transparency into the aged care system as well as bringing about positive systemic change.

They continued:

The described role of Inspector-General and stated responsibilities are supported by ADA, to facilitate these objectives. In particular, the need for independent oversight and monitoring is urgently required.

Additionally, and as set out in the Bill, the office must be equipped with necessary powers of review, monitoring and reporting. Appropriate information gathering authority will be necessary to obtain information relevant and necessary to the role being able to fulfil its mandate in accordance with the objective of the proposed legislation.

The Aged Care Rights Advocacy Service submitted:

ARAS appreciates the work undertaken to date by the former and current Australian Governments in the continuation of implementing the 148 recommendations made by the Royal Commission into Aged Care Quality and Safety. ARAS also welcomes the Inspector-General's role in providing oversight in the implementation of the recommendations, including the operationalisation and performance of the reforms with respect to their effectiveness in the delivery of safe and high-quality aged care services.

It is clear this is an area of urgent need for the sector. Without an appropriate independent accountability mechanism in place, many older people have suffered with inadequate care. The welcome and fundamental introduction of the inspector-general will provide an imperative function in monitoring and investigating an historically fraught system.

There is a lot of support for this bill. I'm hopeful to see further work to see the government support our call for the inspector-general to undertake greater scrutiny of the implementation of the royal commission recommendations, and the scope of need for systemic advocacy in the aged-care system needs to be matched with regular and thorough evaluation. I look forward to working with the government as well as advocates and community members to see future legislation that enhances the rights and protections of older Australians. Of course, there is far more work that needs to be done to enact all the recommendations of the royal commission and to ensure that older people have access to appropriate, affordable and diverse aged-care services. I'm confident we will be able to work together with the government to take a rights based approach to aged care that maintains and promotes dignity, independence and quality of life.

The Greens have made a number of recommendations regarding missing elements of this bill, and I am looking forward to continuing to advocate for a more fully empowered and functional accountability mechanism. I will also continue to advocate for a clear focus on the rights of older people in line with the recommendations of the royal commission. Older Australians are consistently left vulnerable by institutional betrayal and unaccountable structures. The royal commission highlighted the lack of responsibility and accountability challenging the rights of older people.

The exclusions of an individual complaints function and publication of regular updates are clear drawbacks of this legislation. I will be continuing to advocate to government to respond to all of the relevant recommendations of the royal commission. We need to see a high-quality, affordable aged-care system built on a rights foundation. This legislation, sadly, doesn't go far enough to embed a rights approach, but the Greens will continue to advocate for it. In particular, I look forward to a strong human rights basis in the new aged-care legislation.

In conclusion, I commend the government for the work that's been done to reflect the community's needs and to produce this bill. This reform is urgently needed and will be of crucial significance in the lives of countless older Australians, their families and their carers. I would like to thank Senator Marielle Smith for her work in chairing the committee's inquiry and engaging a variety of aged-care advocates and service providers to share their experiences and expertise. I'm pleased to be sharing the Greens' support for this legislation. It will improve people's lives. It's much needed and will have a major impact on older Australians. I can foreshadow that we will move an amendment during the Committee of the Whole stage of the bill, for which we are hoping for government support, reflecting our prioritisation of regular monitoring and evaluation, which is an issue we will continue to advocate for.

I also now want to foreshadow Senator Thorpe's second reading amendment. Senator Thorpe, who is unwell, has asked me to share what she wished to contribute to the debate on this aged-care legislation. Senator Thorpe says:

We are in an Aged Care crisis and our Elders suffer as a result of it.

Taking care of our Elders is an essential part of any society. Our Elders have cared for us when we needed it, and it is our responsibility to care for them as they need us in the later stages of life. Everyone deserves to age in dignity.

The Royal Commission has clearly outlined the problems prevalent in the Aged Care system currently and what needs to be done to reform it, including the establishment of the role of Inspector General of Aged Care as per recommendation 12 of the final report.

Senator Thorpe wants us to know that she is strongly in support of this establishment. She says:

The Governor General for Aged Care will be responsible for the oversight of the aged care system. The reform of that system i fully dependent on the new Aged Care Act, which we do not have in front of us yet.

Senator Thorpe continues:

I would like to underline the importance of recommendations 2 and 3 of the Royal Commission for the new Aged Care Act and therefore the work of the Inspector General. These recommendations outline the rights of older people seeking aged care and the key principles to underline the Aged Care Act respectively. They go to the heart of the reforms the Aged Care system needs to provide respectful, comprehensive and culturally safe care for our Elders to live in safety and comfort and lead self-determined lives connected to their loved ones. The system should always be guided by our Elders, their needs and wishes.

That was Senator Thorpe's contribution.

At the request of Senator Thorpe, I move:

At the end of the motion, add ", but the Senate calls on the Government to commit to ensuring the rights and principles outlined in recommendations 2 and 3 of the final report of the Royal Commission into Aged Care Quality and Safety underpin the development of the new Aged Care Act, and through the new Act, guide the Inspector-General of Aged Care's oversight of the aged care system".