Senate debates

Wednesday, 20 November 2024

Bills

Aged Care Bill 2024, Aged Care Legislation Amendment Bill 2024; Second Reading

11:34 am

Photo of Catryna BilykCatryna Bilyk (Tasmania, Australian Labor Party) Share this | Hansard source

I rise today to speak on the Aged Care Bill 2024. This bill, once enacted, will replace the Aged Care Act 1997 and the Aged Care Quality and Safety Commission Act. It represents a once-in-a-lifetime reform that will reshape government supports people to live independently and with dignity throughout their later years.

Aged care is something that almost everyone has been touched by in some way, whether they are receiving aged-care services themselves, they have a family member or loved one in aged care or they are thinking of their own aged-care future and what choices they have. It is therefore an integral part of our community and an essential service for looking after some of Australia's most vulnerable people. Sadly, though, our aged-care industry is in desperate need of reform. This was made painfully obvious by the shocking failures uncovered during the Royal Commission into Aged Care Quality and Safety. We can get a sense of just how bad the situation was under the previous government from the title of the interim report, which was simply Neglect. Likewise, the first chapter of the report was titled 'A shocking tale of neglect', as it painted a grim and shameful picture of an aged-care system in deep crisis. Left isolated, powerless and hidden from view in this system are our older Australians, their families and their loved ones.

This bill responds directly to recommendations 1 to 3 of the Royal Commission into Aged Care Quality and Safety and addresses or partially addresses 58 royal commission recommendations in total. It puts in place measures to ensure that we see an end to a system that is fragmented and poorly managed and has been unsupported and underfunded. The bill also responds to the Aged Care Taskforce, which was established in 2023 to consider how to sustainably fund aged care now and into future. It has been informed through extensive public consultation on an exposure draft, which took place between December 2023 and March 2024. It will establish a strong new regulatory framework for the aged-care sector.

This bill represents a $5.6 billion package that, at its heart, places the rights of older people front and centre. It does this by including a statement of rights for older people and a positive duty for providers to uphold these rights, meaning aged-care providers and workers will have explicit guidance on how to behave and make decisions. These are key protections in guaranteeing the quality of care not only for older people but for the workers who care for them as well.

Eligibility has also been simplified and streamlined as a result of this bill, making it easier for Australians to access and enter aged care. This is achieved by bringing together the different assessment services into a single entry point to the aged-care system. Effectively, the single entry point assessment process means not having to retell your circumstances or the story of your life over and over to multiple people. Once the assessment is made it can be progressively reviewed to ensure that supports and services are tailored to meet circumstances as they change throughout a person's aged-care journey. The single entry point assessment will therefore provide clear eligibility requirements for a fair and culturally safe assessment process.

It should be obvious to everyone that we can no longer afford to take a one-size-fits-all approach to aged care. I welcome this bill ensuring culturally sensitive services are provided to all of our Australians, regardless of their cultural background. The new framework also allows for the delivery of a range of aged-care services, including a $4.3 billion investment in a new home-care system known as the Support at Home package. We know that people would prefer to stay in the comfort and familiarity of their own homes for as long as they can. My own mum was a classic example. If my mum hadn't had a home-care package, she would have been in an aged-care facility for at least the last five years of her life. She lived to the ripe old age of 93, and, thanks to the home-care package that was available, she was able to enjoy staying in her own home and feeling that sense of security.

As well as making sure that people's clinical needs are met from home, the Support at Home program allows for greater access to assistive technology and financial assistance to make homes safer and more accessible. The Support at Home package is set to benefit around 1.4 million older Australians by 2035 and is yet another key reform to the aged-care sector. The bill provides more choice and greater agency over the way aged care is delivered for all Australians, whether that is within their own home or in residential care.

Another critical aspect of the bill is the new approach to the regulatory framework, with the introduction of a stronger, more powerful regulator. I remind people that the royal commission was particularly critical of the current weak and ineffective regulatory arrangements, so these new regulatory powers are essential in making our aged-care system the best it can be. As well as delivering stronger powers to protect people from harm, the new regulatory framework will also provide clear incentives for providers to make continuous improvements to their quality of care through new quality standards.

To monitor and respond to complaints within the sector, a new independent statutory complaints commissioner will also be established, as well as new and strict whistleblower protections. We all witnessed the horrors in the aged-care system that led to the royal commission. These horrors were particularly acute during the pandemic. Sadly, we lost a lot of older Australians during the pandemic, many of them living in aged-care facilities. Without an independent complaints commissioner, nor the necessary whistleblower protections to make a complaint, their situations were made more helpless, as they suffered in excruciating sorrow, pain and silence. This should never have been allowed to happen. The passage of this bill will go a long way in making sure this never ever happens again.

The bill also implements a number of commitments that the Albanese government took to the last election. Our government is laser focused on improving the quality of aged care, and this bill is a clear example of our commitment to achieving this goal.

At this point I'd also like to acknowledge the enormous contribution made by aged-care workers, especially during the COVID pandemic. The efforts made by this workforce to care for our older Australians during this incredibly difficult period is nothing short of heroic, and we cannot thank them enough.

These reforms are of particular importance to my home state of Tasmania. The latest census data indicates that Tasmania has a higher proportion of people over 55, at 35 per cent, compared to the rest of Australia at 29 per cent. It's now more important than ever for Tasmanians that this legislation be passed by the Senate, so I urge my fellow Tasmanian senators from across the chamber to vote in favour of this bill.

In summary, high-quality services, safe and compassionate care and fairer contributions are the centre of our reforms to aged care. After nearly a decade of neglect, funding cuts and general dysfunction under the previous government, the Albanese government is once again picking up the pieces in rebuilding this critical sector. This once-in-a-generation bill is not just about giving Australians a world-class safety net in their old age; it's about dignity, it's about respect and it's about giving our older Australians and those who care for them a voice.

In concluding, I'd really like to thank Minister Wells for the incredible work she has done in preparing this legislation, as well as members of the taskforce for their work in reshaping the way we look at aged care in Australia. As I said earlier, this is a landmark piece of legislation that this country both needs and deserves. I commend this bill to the Senate.

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