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

The issue of repeated allegations which I mentioned will apply to all repeated allegations and not just to those made by a person with a mental impairment or a cognitive impairment. Before I move government amendment (1), I table a supplementary explanatory memorandum relating to the government amendment to be moved to the Aged Care Amendment (Security and Protection) Bill 2007. The memorandum was circulated in the chamber on 20 March 2007. I move government amendment (1) on sheet RG222:

(1)    Clause 2, page 1 (lines 7 and 8), omit the clause, substitute:

2  Commencement

        (1)    Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note:   This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

        (2)    Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

As I mentioned earlier, there is only one government amendment. The amendment was foreshadowed by the former Minister for Ageing, Senator Santoro. The government has moved an amendment to the bill before us to extend the time period for implementation. While it was originally proposed that the legislation take effect as soon as possible—by 1 April 2007—the aged-care sector raised concerns during the recent Senate inquiry about the limited time they would have to put systems and processes in place to meet the new requirements. The Senate committee also recommended:

That in recognition of the additional responsibilities the Bill places on approved providers especially in relation to training staff members and instituting new systems, the commencement date … be deferred for a period of at least one month.

The government has listened closely to the concerns raised by the sector and, as a result, I have moved an amendment to the bill to extend the implementation time frames. The amendment provides that the new complaints investigation arrangements, including the establishment of the new Aged Care Commissioner, will take effect from 1 May 2007. The compulsory reporting requirements and whistleblower protections will take effect from 1 July 2007. This will provide extra time for any staff communication and for necessary changes to internal systems and procedures. Compulsory reporting raises complex and sensitive issues and it will be beneficial for providers to have more time to understand and implement the required changes in this important area. I should, however, make it very clear that, while the requirement for compulsory reporting will not be mandated until 1 July 2007, approved providers will continue to be encouraged to report any assaults to the police and the Secretary of the Department of Health and Ageing.

In relation to the time frames for the implementation of the arrangements for investigation of complaints, the government is proposing an extension of only one month rather than an extension of three months as is proposed for compulsory reporting. This is because the investigation processes, which will be included in the principles made under the act, will relate primarily to the roles and responsibilities of the Department of Health and Ageing and the Aged Care Commissioner. By contrast to the compulsory reporting requirements, very limited changes will be required to be put in place by approved providers in relation to the new investigation processes.

It is, however, proposed that the time frames for implementation be extended by one month to enable further consultation with stakeholders on the proposed content of the investigation principles. I think that this amendment once again demonstrates that the government is listening closely to the concern of stakeholders and is doing everything possible to assist them to meet the new requirements and to ensure a world-class aged-care system. I commend the amendment to the committee.