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 3090 together:

(1) Clause 152, page 161 (line 15), before "It is a condition", insert "(1)".

(2) Clause 152, page 161 (line 17), before "comply with the worker screening requirements", insert "subject to subsection (2),".

(3) Clause 152, page 161 (line 19), before "ensure that aged care workers", insert "subject to subsection (2),".

(4) Clause 152, page 161 (after line 28), at the end of the clause, add:

(2) Paragraphs (1)(a) and (b) do not apply to a registered provider if:

(a) the registered provider has made an application (a worker screening exemption application) to the System Governor for an exemption from the conditions mentioned in those paragraphs; and

(b) the System Governor has accepted the worker screening exemption application.

(3) The rules may prescribe requirements relating to:

(a) the making of a worker screening exemption application by a registered provider; and

(b) the consideration of the worker screening exemption application by the System Governor; and

(c) the acceptance or refusal of the worker screening exemption application by the System Governor; and

(d) the review of a decision by the System Governor to accept or refuse the worker screening exemption application.

(4) Without limiting subsection (3), rules made for the purposes of that subsection may prescribe:

(a) how a worker screening exemption application is to be made by a registered provider; and

(b) the information that must be included with the worker screening exemption application; and

(c) the matters the System Governor must take into account when considering the worker screening exemption application, including (without limitation):

(i) the geographical location of the registered provider; and

(ii) the available workforce in the local community of the registered provider; and

(iii) whether the registered provider has taken reasonable steps to provide the highest level of clinical care with the available workforce.

These particular amendments came from some very, very strong testimony that we received during the inquiry. They relate to worker screening provisions, and I will put on the record that there is nothing more important than making sure that the workers who are working in our aged-care sector are fit and proper people to be working with some of Australia's most vulnerable people: those people who are in aged care.

The committee heard evidence that the worker screening requirements that were prescribed in the bill could have quite significant consequences in Indigenous communities. Mr Bricknell, the chair of the Aged Care Workforce Remote Accord, made a very compelling statement during his testimony. He said:

… in remote areas, the discretion to make final decisions regarding worker screening should remain with local service providers. This is essential for maintaining culturally safe care, especially for First Nations elders, where community knowledge and lived experience play a significant role in determining who is best suited to provide care.

It is for this reason that coalition senators are recommending that the screening provisions be amended to ensure that there is a level of flexibility, particularly as it relates to Indigenous communities. We believe that there need to be very significant protections around this flexibility and discretion. That's why we're saying the system's governor should be the one who makes the determination in relation to any exemptions in relation to worker screening.

As I said in my opening remarks on this amendment, we need to make sure that the people who are dealing with older Australians are absolutely fit and proper to do so, but we also need to make sure that we recognise the sometimes quite unique needs and circumstances that are found, in particular, in remote communities, as was very clearly highlighted by Mr Bricknell in his evidence. I would highly recommend that the government consider availing itself of this provision, which gives a very, very strictly controlled flexibility that would enable the government to make determinations that may not be strictly in line with the worker screening provisions contained in this bill. This would allow the flexibility to support the culturally appropriate use of staff, particularly in Indigenous communities.