Jan McLucas (Queensland, Australian Labor Party, Shadow Minister for Ageing, Disabilities and Carers) Share this | Hansard source

Labor cannot support this amendment from the Democrats, although we understand the intent behind it. During the inquiry and from the submitters it became evident that it is a fact that, if this legislation is passed in its current form, residents of residential aged-care facilities will lose a right that every other Australian has—that is, the right not to report a serious sexual assault or a serious assault of any nature.

You have to weigh that up with the evidence given by Dr Yates, from the AMA, during the inquiry when he was asked about what could happen if a staff member were to assault a resident of aged care, either physically or sexually, and that resident was not cognitively impaired, but he or she said they did not want to pursue the matter. We would be in a situation where that staff member would not be able to be reported to the police or to the department. That staff member then would be in a situation where they could continue to abuse people within that facility or in any other facility in which they worked. For that reason, where you have to weigh up the potential affect on a group of people as opposed to the loss of a right for an individual, I have to come down on the side of the group.

This has been an issue that has troubled me. I do not think it is right to remove rights from any citizen. But in this circumstance I think that the government has made the right decision and that we should be reporting all forms of abuse in those circumstances. As fraught and as difficult as it is, I think in these circumstances in aged care the right not to report is a right that we have to remove from resident. It is difficult, but I think it is the right call.