Jan McLucas (Queensland, Australian Labor Party, Minister for Human Services) Share this | Link to this | Hansard source

I table a supplementary explanatory memorandum and an additional supplementary explanatory memorandum, relating to the government amendments to be moved to the Aged Care (Living Longer Living Better) Bill 2013.

Gavin Marshall (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

The question is that government amendments (2) to (5), (14) to (16) and (18) to (26) on sheet BX253, as circulated, be agreed to.

Government ' s circulated amendments—

(2) Schedule 1, item 6, page 5 (after line 25), after paragraph (g), insert:

     (ga) parents separated from their children by forced adoption or removal;

(3) Schedule 1, item 72, page 14 (lines 25 and 26), omit the item, substitute:

72 Subsection 46 -1(1) (note)

  Repeal the note.

(4) Schedule 1, page 25 (after line 6), after item 180, insert:

180A Subsection 85 -6(1)

  Omit "1239 of the Social Security Act 1991", substitute "126 of the Social Security (Administration) Act 1999".

180B Paragraph 85 -7(1)(a)

  Omit "1240 of the Social Security Act 1991", substitute "129 of the Social Security (Administration) Act 1999".

180C Paragraph 85 -7(1)(b)

  Omit "1243 of the Social Security Act 1991", substitute "135 of the Social Security (Administration) Act 1999".

180D Subsection 85 -7(2)

  Omit "1240 of the Social Security Act 1991", substitute "129 of the Social Security (Administration) Act 1999".

(5) Schedule 1, item 196, page 27 (lines 11 to 18), omit subitems (1) and (2), substitute:

(1) This item applies if, before the commencement time:

  (a) a person was approved under Part 2.1 of the old law as a provider of aged care (whether or not the approval had come into force); and

  (b) the approval had not ceased to have effect.

(2) To the extent that the approval was in respect of community care, the approval is taken, for the purposes of the new law, to be in respect of home care.

(3) To the extent that the approval was in respect of flexible care, the approval is taken, for the purposes of the new law, to be in respect of both home care and flexible care.

(14) Schedule 3, item 103, page 52 (line 21), after "dementia", insert "and severe behaviours".

(15) Schedule 3, item 142, page 71 (line 5), after "dementia", insert "and cognition".

(16) Schedule 3, page 117 (after line 12), after item 175, insert:

175A Subsection 72 -1(2)

  Omit "Residential Care".

(18) Schedule 3, Part 2, page 134 (after line 13), at the end of the Part, add:

292 Determining the status of residential care service buildings

  A provision of the Subsidy Principles has effect before it commences as if it had commenced if the provision:

  (a) is made for the purposes of section 44-28 of the Aged Care Act 1997 as amended by item 125 of this Schedule; and

  (b) relates to determining, or applying for the determination of, the status of a building.

(19) Schedule 4, Part 1, page 135 (after line 16), at the end of the Part, add:

National Disability Insurance Scheme Act 2013

5A Section 9 (definition of community care )

  Repeal the definition.

5B Section 9

  Insert:

  home care has the same meaning as in the Aged Care Act 1997.

5C Paragraph 29(1)(b)

  Omit "community", substitute "home".

5D Subsection 29(1) (note)

  Omit "community", substitute "home".

(20) Schedule 5, item 215, page 169 (line 4), omit the definition of commencement time, substitute:

  first commencement time means the time when Part 1 of this Schedule commences.

  second commencement time means the time when this Part commences.

(21) Schedule 5, item 216, page 169 (line 8), before "commencement", insert "first".

(22) Schedule 5, item 216, page 169 (line 10), before "commencement", insert "second".

(23) Schedule 5, item 216, page 169 (line 14), before "commencement", insert "second".

(24) Schedule 5, item 217, page 169 (line 21), before "commencement", insert "first".

(25) Schedule 5, item 217, page 169 (line 22), before "commencement", insert "second".

(26) Schedule 5, item 217, page 169 (lines 25 and 26), omit subitem (2), substitute:

(2) Without limiting its effect apart from this item, the process is also taken, after the second commencement time, to have been begun under the corresponding provision.

Question agreed to.

The question is that government amendments (1), (6) to (13) and (17) on sheet BX253 and (1) to (4) on sheet BX255 be agreed to:

(1) Clause 2, page 2 (table item 3), omit the table item, substitute:

(6) Schedule 2, page 36 (before line 30), after item 16, insert:

16A Section 96 -1 (after table item 14)

Insert:

(7) Schedule 2, item 24, page 38 (line 6), omit the definition of commencement time, substitute:

  first commencement time means the time when item 5 of this Schedule commences.

(8) Schedule 2, item 24, page 38 (line 8), before "commencement", insert "second".

(9) Schedule 2, item 24, page 38 (line 10), before "commencement", insert "second".

(10) Schedule 2, item 24, page 38 (after line 10), at the end of the item, add:

  second commencement time means the time when item 1 of this Schedule commences.

(11) Schedule 2, item 25, page 38 (line 13), before "commencement ", insert "second".

(12) Schedule 2, item 25, page 38 (line 14), before "commencement", insert "second".

(13) Schedule 2, item 26, page 38 (line 18), before "commencement", insert "first".

(17) Schedule 3, item 236, page 125 (table items 15 and 15A), omit the table items, substitute:

(1) Clause 2, page 2 (table item 2), omit the table item, substitute:

(2) Clause 2, page 2 (table item 5), omit the table item, substitute:

(3) Schedule 1, heading, page 5 (line 2), omit "1July 2013", substitute "1August 2013".

(4) Schedule 4, heading to Part 1, page 135 (line 2), omit "1July 2013", substitute "1August 2013".

Gavin Marshall (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

The question is that amendment (1) on sheet 7408, circulated by Senator Xenophon, be agreed to:

Senator Xenophon's circulated amendments—

(1) Page 4 (after line 6), after clause 4, insert:

4A Further review of operation of amendments

(1) The Minister must cause an independent review to be undertaken of the operation of the amendments made by:

  (a) this Act; and

  (b) the Aged Care (Bond Security) Amendment Act 2013; and

  (c) the Aged Care (Bond Security) Levy Amendment Act 2013.

(2) The review must consider at least the following matters:

  (a) the effectiveness of the provisions for determining the value of a person's assets in accordance with the Subsidy Principles;

  (b) the operation of the provisions relating to accommodation agreements and the impact that those provisions have on approved providers and care recipients;

  (c) the relative use of refundable deposits and daily payments and the impact that refundable deposits and daily payments have on aged care providers and residents;

  (d) any other related matter that the Minister specifies.

(3) The review must make provision for public consultation and, in particular, must provide for consultation with:

  (a) approved providers; and

  (b) aged care workers; and

  (c) consumers; and

  (d) people with special needs; and

  (e) carers; and

  (f) representatives of consumers.

(4) The review must be undertaken as soon as practicable after the end of the period of 18 months after the commencement of Schedule 1.

(5) The person who undertakes the review must give the Minister a written report of the review within 6 months after the end of the 18 month period.

(6) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of receiving it.

Gavin Marshall (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

The question now is that items 36, 37 and 40 of schedule 1 and clause 95B-11 of division 95B of part 6.7 in item 14 of schedule 2 stand as printed:

Opposition's circulated amendments—

(1) Schedule 1, items 36 and 37, page 9 (lines 1 to 7), TO BE OPPOSED.

(2) Schedule 1, item 40, page 9 (lines 15 to 18), TO BE OPPOSED.

(3) Schedule 2, clause 95B-11, page 35 (line 29) to page 36 (line 5), TO BE OPPOSED.

Gavin Marshall (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

The question now is that amendment (1) on sheet 7393 circulated by the Australian Greens be agreed to:

The Australian Greens' circulated amendments—

(1) Schedule 1, page 25 (after line 8), after item 181, insert:

181A At the end of section 95A-1

  Add:

(3) If the *Aged Care Commissioner requests the Secretary to give the Commissioner information that the Commissioner requires for the purposes of the Commissioner's functions, the Secretary must, if the information is available to the Secretary, give the information to the Commissioner.

(4) If, on and after 1 January 2014, the *Aged Care Commissioner requests the CEO of the Quality Agency to give the Commissioner information that the Commissioner requires for the purposes of the Commissioner's functions, the CEO must, if the information is available to the CEO, give the information to the Commissioner.

181B After section 95A-11

  Insert:

95A-11A Aged Care Commissioner may give report to Minister at any time

     The *Aged Care Commissioner may, at any time, give a written report to the Minister on any matter relating to the Commissioner's functions.

(2) Schedule 1, page 25 (after line 14), after item 184, insert:

184A Subsection 96 -3(1)

  Repeal the subsection, substitute:

(1) For the purposes of this Act, the Minister:

  (a) must establish a committee to be known as the Aged Care Financing Authority; and

  (b) may establish other committees.

(3) Schedule 1, Part 1, page 26 (after line 21), at the end of the Part, add:

194A Application

  Despite the amendment made by item 184A of this Schedule, subsection 96-3(1) of the Aged Care Act 1997 has effect, before 1 August 2013, as if that amendment had not been made.

(4) Schedule 3, item 246, page 126 (lines 17 and 18), omit the item, substitute:

246 Subsection 96 -3(1)

  After "this Act", insert "and the Aged Care (Transitional Provisions) Act 1997".

The ACTING DEPUTY PRESIDENT (10:34): The question now is that amendments (2) to (4) on sheet 7396, circulated by the Australian Greens, be agreed to:

(2) Schedule 1, page 25 (after line 14), after item 184, insert:

184A Subsection 96 -3(1)

  Repeal the subsection, substitute:

(1) For the purposes of this Act, the Minister:

  (a) must establish a committee to be known as the Aged Care Financing Authority; and

  (b) may establish other committees.

(3) Schedule 1, Part 1, page 26 (after line 21), at the end of the Part, add:

194A Application

  Despite the amendment made by item 184A of this Schedule, subsection 96-3(1) of the Aged Care Act 1997 has effect, before 1 August 2013, as if that amendment had not been made.

(4) Schedule 3, item 246, page 126 (lines 17 and 18), omit the item, substitute:

246 Subsection 96 -3(1)

  After "this Act", insert "and the Aged Care (Transitional Provisions) Act 1997".

Question agreed to.