Chris Ellison (WA, Liberal Party, Minister for Human Services) Share this | Hansard source

I understand that the principles I mentioned will be available within the next fortnight or so. That is the time line. In relation to the question of a suspicion based on reasonable grounds versus an allegation, the government believes that it is imperative that allegations of reportable assaults be reported whether or not the approved provider believes there are reasonable grounds. I am advised that there have been circumstances in the past where allegations made by residents had not been initially believed by the approved provider but an abuse may have actually occurred.

If I can apply that more generally, an allegation is perhaps much stronger than a suspicion. You can suspect something happened, but an allegation is someone stating that in fact it did happen. A suspicion is accordingly on a weaker basis, and I would suggest that is why the reasonable ground is attached to that. In fact, in the criminal law we quite often talk about a suspicion based on reasonable grounds. You can have suspicions which are quite unreasonable. They can be quite fanciful; they can be quite paranoiac. I think to couple that with ‘reasonable grounds’ is appropriate. But where there is actually an allegation—somebody is saying something has happened and there is a bald assertion of abuse—then the government believes an allegation of a reportable assault must be reported. I do not know if that goes the whole way to answering Senator McLucas’s question.

In response to the concerns raised by the aged-care industry in this matter, the government intends to include a provision in the principles that, where a subsequent allegation is substantially the same as an earlier allegation, the approved provider will not be required to report the subsequent allegations. It is important to note that the provider must report an allegation when it is made for the first time whether or not the provider believes there is a basis to the allegation. The government believes that this is an appropriately cautious approach to this issue which balances the concerns of the industry about reporting repeated unfounded allegations with the need to believe and action allegations made by residents even where there may be a cognitive or mental impairment.

The details of the principles—which, as I mentioned, will be available in the next fortnight—will be finalised in consultation with the aged-care sector through the Aged Care Advisory Committee. The inclusion of this matter in the principles will allow adjustment over time should this be required after arrangements are in place. That is the flexibility of the principles that I mentioned. They will not need to come back to the parliament; they can be adapted to suit the circumstances which have been learnt from experience. On the question of appropriate qualification on the part of the registered nurse, this is again something that will be dealt with in the principles which I have mentioned. I am not sure if that covers all of the questions put by Senator McLucas. If I have missed one, perhaps I could be reminded of it.