Santo Santoro (Queensland, Liberal Party, Minister for Ageing) Share this | Hansard source

As I mentioned to the Senate in reply to the earlier question referred to by Senator McLucas, the best advice that I had at the time—and it is still my advice—is that the issue referred to by Senator McLucas is being considered by the authorities. As such, I think it would be inappropriate for me to make any further comment. However, I can advise the Senate in relation to key personnel for the benefit of those senators who are interested. The Aged Care Act 1997 sets out requirements for approved providers and their key personnel. Key personnel are those persons responsible for the management of the approved provider’s business and aged care services. Approved providers are required to notify the department of changes to their key personnel. A person convicted of an indictable offence is disqualified from being a key personnel of an approved provider.

Approved providers are required to notify the department of any changes to their key personnel. Under the Aged Care Act 1997 it is an offence for a disqualified individual to be a key personnel of an approved provider. If the department receives information that a person who was known to be a disqualified individual appears to be participating in the management of aged care services, the department investigates the matter thoroughly. Where necessary, the department refers the matter to the Director of Public Prosecutions, who decides whether the evidence is sufficient to support a prosecution of the matter.

To the best of my advice, I can inform Senator McLucas and the Senate that those processes have taken place in relation to the case referred to by Senator McLucas. I will again seek clarification and further information on that, given that Senator McLucas has raised it again today, and, if the situation is different to what I have just advised the Senate, I will inform the Senate at the earliest opportunity.