Helen Haines (Indi, Independent) Share this | Hansard source

I rise to speak to the Aged Care and Other Legislation Amendment Bill. I note the contribution from the member for Mayo, and I'd like to note her extraordinary commitment and knowledge of aged care and her advocacy in this space. We all learn a lot when we listen to the member for Mayo.

The response to the Royal Commission into Aged Care Quality and Safety required a rebuild of our aged-care system. It was ambitious for the government to implement the long-awaited aged-care reforms to commence from 1 July. For the dignity and safety of the older people that our aged-care system supports, for their families and for workers across the sector, I understand that reforms of this magnitude must be implemented in a considered and effective way. But that ambitious start of 1 July became unrealistic, and the commencement of the new act has been delayed until 1 November. These delays are not without consequence, and we're seeing an impact of the delay in the delivery of services that help keep older Australians at home for longer.

This bill legislates a myriad of technical amendments to give effect to the aged-care reforms. Many of these are minor in nature but still important to ensure that provisions like the 'no worse off' principle can be applied for people who are already in aged care. I support these changes for the smooth implementation of the new aged-care system, but there are two changes in particular that I wish to highlight today. First, this bill includes a new rulemaking power that allows the minister to make rules modifying the operation of the Aged Care Act we passed last year without passing legislation.

This is a broad power of delegation. According to the Scrutiny of Bills Committee, provisions such as these may limit parliamentary oversight and subvert the appropriate relationship between the parliament and the executive. They're the types of provisions the Scrutiny of Bills Committee is particularly concerned with. While I would usually prefer powers such as these to remain within the parliament, in this case I support the inclusion of these delegated legislation powers because I support the intent behind them—that is, to ensure that continuity of care is maintained for older persons in the event of unforeseen or unintended consequences arising during the transition to the new act.

I'm also comforted by the safeguards in the delegated legislation powers. The Scrutiny of Bills Committee will continue to provide oversight, the powers will only operate for the first two years of the act and any rules made by the minister which change the act will be disallowable by the parliament, allowing for some scrutiny. I urge the government to ensure that any changes the minister makes to the act under this power be communicated to the parliament and to the community more broadly. It's crucial that, as we move into this new system, consultation with organisations like the Council on the Ageing and the Older Persons Advocacy Network does not stop. This is a once-in-a-generation change. We must get it right, and to do so involves constant reflection and taking on board feedback from the people most affected.

Second, this bill clarifies that, under Support at Home, gardening and cleaning services will no longer be capped at specific times. This is a measure I welcome. When I spoke on the Aged Care Bill 2024, I noted the concerns from my electorate of Indi about whether package funding would be enough to meet the real costs of these domestic services. I'll be watching closely how it works in reality as home support transitions into the new home-care packages. Travel costs remain a major challenge in regional and rural Australia. Impacting service availability puts pressure on an already stretched workforce, and these costs are often higher than they are in our cities. Packages must account for this and not disadvantage regional Australians.

I support this bill, but I take this opportunity to highlight serious deficiencies in the current home-care system, which my constituents are so very much relying on, before the new Aged Care Act and support-at-home system commences. Home-care packages make a life-changing difference for people across in my electorate in north-east Victoria. For older Australians, getting help with basics like cleaning and gardening preserves their ability to stay in their home for longer. For their families, it provides the peace of mind that their loved ones are getting the care and support they need when they need it. But, while the benefits of these packages are clear, the reality of getting an assessment leaves too many older people languishing on waitlists; we've just heard graphic descriptions of this from the member for Mayo.

Workforce shortages across the aged-care sector mean older people in more remote parts of my electorate of Indi can struggle to receive services, or they receive a lower level of service with funding swallowed up by travel costs instead of care. In delaying the full rollout of aged-care reforms—a move the sector acknowledges was necessary but frustrating—the government has also delayed the rollout of its promised 83,000 new home-care packages. This has caused real and growing concern. For those older Australians simply trying to live independently, this delay risks making an already difficult situation even worse. For their families, it means that they have to juggle providing what care they can and navigating the system—and that this is drawn out for even longer.

The crossbench, alongside aged-care advocates, made a clear, compassionate and practical plea to the government to fund 20,000 new home-care packages under the current scheme and then transition those packages into the new Support at Home program when it begins. Yet, while more than 87,000 Australians remain stuck on a waitlist, the government has provided no explanation—none—as to why it won't act on this. This gives no comfort to my constituents and it gives no comfort to me as these people, these hardworking older Australians, are trying to secure assessment or services. As National Seniors Australia said, when we are talking about packages we are talking about people—people who physically cannot shower themselves, mop their floors, mow their lawns, clean their gutters or prepare their meals. These matters are some of the most common and also some of the most heartbreaking stories that my office deals with week in, week out. I promised the people of Indi that I would hold the government accountable on services such as these, and I'll keep up that fight; this is way too important not to do that.

I welcome the establishment of a Senate inquiry into Home Care Packages, initiated by Senator Pocock. This inquiry will examine the impact of delaying the Support at Home program and the withholding of the new home-care packages in the transition. The crossbench continues to ensure that there is oversight and accountability of the government. This is always important, but it is especially so for services that are critical to preserving the dignity and quality of life of our older Australians.

With four months until the lights go green on the new aged-care system, our aged-care system must, as the final report of the Royal Commission into Aged Care Quality and Safety emphasised:

… assist older people to live an active, self-determined and meaningful life in a safe and caring environment that allows for dignified living in old age.

To the government more broadly: please, make sure that this is our focus.

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