Scott Morrison (Cook, Liberal Party, Minister for Social Services) Share this | Hansard source

I present the explanatory memorandum to this bill and move:

That this bill be now read a second time.

This bill introduces a measure announced in the 2015 budget, which increases the independence of aged-care complaints handling from 1 January 2016.

This is achieved through the transfer of aged-care complaints handling powers, from the Secretary of the Department of Social Services to the Aged Care Commissioner, to be renamed the Aged Care Complaints Commissioner.

In making these changes the government has recognised the recommendations of the 2009 review of the former Aged Care Complaints Investigation Scheme by Associate Professor Merrilyn Walton and the Productivity Commission's 2011 report Caring for Older Australians.

The commissioner is an independent statutory office holder who currently examines complaints about the decisions and processes of the Aged Care Complaints Scheme and the processes of the Australian Aged Care Quality Agency.

When the commissioner takes responsibility for the complaints arrangements, review of decisions will be integrated within those arrangements. Concerns regarding the processes of the commissioner and the Australian Aged Care Quality Agency can be raised with the Commonwealth Ombudsman.

Existing legislated complaints management functions consistent with the Complaints Principles 2014 will be maintained and will continue to cover Australian government residential and home based aged care.

Aged care regulatory policy, compliance and enforcement will remain the responsibility of the Department of Social Services.

The Australian Aged Care Quality Agency will remain responsible for the accreditation and quality review of aged-care services.

The change will result in a separation of complaints management from the funder and regulator, which reflects best practice in complaints handling.

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