Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Hansard source

by leave—I move opposition amendments (1) to (4) on sheet 3076 together:

(1) Clause 547, page 508 (line 4), before "A disclosure of information by an individual", insert "(1)".

(2) Clause 547, page 508 (line 12), after "a registered provider", insert "who is covered by subsection (2)".

(3) Clause 547, page 508 (after line 19), at the end of the clause, add:

(2) An aged care worker of a registered provider is covered by this subsection if:

(a) the aged care worker has agreed, in writing, to receive disclosures that qualify for protection under this section; and

(b) the aged care worker has not withdrawn that agreement.

(4) Clause 550, page 511 (line 3), omit "paragraph 547(c)", substitute "paragraph 547(1)(c)".

This particular amendment is in relation to who within an aged-care setting is authorised to take disclosures. We heard throughout the inquiry process that many providers were particularly concerned about the whistleblower provisions that were contained in this bill, which referred to absolutely anybody and everybody who is an employee of an aged-care facility. We've seen that the government has had to come back as part of their amendments to change who is actually classified as an aged-care worker, simply because it was such a broad brush. It could have been that the guy that came to clean the gutters was considered an aged-care worker. What we've sought to do is narrow the disclosure provisions so that the individual who is authorised to take the disclosure is more clearly defined within the remit of what type of aged-care worker would be required to take a disclosure.

We do acknowledge in the process that there was some concern expressed by the unions in that they feel that the person would need to make a disclosure to someone that they feel comfortable with. But we also believe, given the seriousness of whistleblower disclosures as opposed to just general disclosures and the legal complications that are involved in whistleblower provisions, that the person who would be taking such disclosures needs to be appropriately trained. The need for everybody in an organisation, down to the window cleaner, to be trained in taking whistleblower disclosures we believed was complete overreach and hence the reason that we are moving this particular amendment. I'll read a comment from a provider:

We don't think it's possible, across Australia, to train thousands of people to take these disclosures and know how to act on them appropriately and swiftly … these are really important disclosures, and the people that take them need to understand very carefully how to manage them appropriately.

We took that advice on, and it is the reason that we have sought to make some changes to these particular provisions in the bill. We also believe that it is really important that, if somebody is feeling uncomfortable and doesn't feel that they are able to take a disclosure, that worker should have the right to say, 'I don't feel comfortable,' or, 'I don't feel that I have the capacity or ability to be able to take a disclosure,' and not have to do so. This is the reason that we're moving this amendment, and I would absolutely commend this amendment to everybody in the House, to make sure that we strike the right balance between making sure that older Australians have got the capacity to make whistleblower disclosures in aged care and making sure that we also have the appropriate training to take such serious disclosures.