Lyn Allison (Victoria, Australian Democrats) Share this | Hansard source

I move Democrat amendment (3) on sheet 5214:

(3)    Schedule 2, item 1, page 12 (after line 24), after subsection 63-1AA(3), insert:

     (3A)    Subsection (2) does not apply if:

             (a)    the person against whom the reportable assault is alleged or suspected to have occurred makes an informed voluntary request that the approved provider not report the alleged or suspected reportable assault as required under subsection (2); and

             (b)    the person making the informed, voluntary request is capable of understanding the nature and consequences of that request.

           (3B)    For the purposes of subsection (3A), a person is assumed to be capable of understanding the nature and consequences of a request under that subsection unless there is evidence to the contrary.

           (3C)    In any matter before a court, the party asserting that a person is not or was not capable of understanding the nature or consequence of a request under subsection (3A) bears the burden of proving that assertion.

     (3D)    Subsection (2) does not apply:

             (a)    where a reportable assault is alleged or suspected to have been carried out by an adult person receiving residential care on another adult person receiving residential care; or

             (b)    where a reportable assault is alleged or suspected to have been carried out by an adult person receiving residential care on a staff member.

      (3E)    To avoid doubt, an approved provider remains responsible for observing any reporting or recording obligations as set out in the Accountability Principles in relation to an alleged or suspected assault in the circumstances set out in subsection (3D).

One of the objectionable parts of this bill is the taking away of the right of an older person in residential aged care to choose not to report an assault, if they are competent to make that decision. This is unlike any other person in society, who may choose not to make a report. We cannot see, if a person is competent, why this provision should be there. It is a question of equity and a person’s right to privacy and the right to take action or not take action.