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

by leave—I move amendments (1) and (2) together:

(1)    Schedule 2, item 2, page 15 (line 13), omit “and”, substitute “or”.

(2)    Schedule 2, item 2, page 15 (after line 13), at the end of paragraph 96-8(1)(a), add:

                 (iii)    a person receiving residential care; or

                 (iv)    a family member of a person receiving residential care; or

                  (v)    an associate of a person receiving residential care; or

                 (vi)    a person who, at any time during 2 years before the disclosure is made, has engaged in a series of activities in Australia or elsewhere as an advocate in the area of aged care policy; and

I think I have spoken to the substance of this whistleblower protection. During Senator Humphries’s speech on the second reading debate, I think he misunderstood the intention; however, I will raise that in the next one. This is very straightforward. It says that these groups of people should be protected from any detriment if they report a reportable assault. I will move to change that in the next block of amendments. There are a whole range of people who witness things in residential aged care, not only staff, and they should also be protected from any form of retribution as a result of their reportage. This is simple. If we are really interested, if we really care about the people who live in residential aged care, we should be encouraging a culture of reporting. Those facilities that are exemplary have at the front of their policies on inappropriate dealing with older people that the first thing you have to do if you see something untoward is to tell somebody. That is the culture that we need to be encouraging.

We recall from the 7.30 Report program in February last year that, when the woman was abused, it was witnessed by another person, and that person did not report it. How on earth can you live in an institution where somebody sees an event of that nature and does not think that the first thing they have to do is tell? This is the culture that we have to get rid of from residential care. It is only in a small number of the facilities, but we have to stop it. We have to bring in a culture of openness, transparency, dignity and respect. To do that, we have to provide protection not only to the staff but to all people who may witness inappropriate dealings so that there is not retribution.

During our inquiry into quality and equity in aged care, I am afraid we were astonished at the number of people who talked about retribution. We know that older people feel that they cannot complain, because they might get kicked out or they will not get the care they need. They need protection as well. We have to inculcate in aged care a culture of openness, of transparency, of honesty, of respect. That is what does happen in most of our facilitie and, for those that do not encourage that culture, we have to ensure that everybody who witnesses anything is given the protection that they should have. So I encourage the government, particularly in terms of the advocates, to look very closely at this amendment. It is sensible, it is achievable, and it is doable. It is not outlandish, and I think there should have been consideration of extending whistleblower protection.