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

I do not want to delay this debate. Obviously the motion is not going to be carried. Minister, I respect the fact that you have come to this recently. I want to talk about the way whistleblowing in aged care operates. I understand your distinction that there are some people who are required by law to report, but are we not trying to support those people who do report, irrespective of their requirement? People want to tell somebody when they see something inappropriate happening in aged care. You are essentially saying that that group of people, because they are not required by law to report, should not have any protection if they want to become involved in whistleblowing. If we are trying to encourage people to be open and transparent, simply saying that you can make an anonymous complaint is not sufficient. Aged care is a small community, and we all know that the fact is that most people end up finding out who has complained.

I will go to the point you made about anonymity. Yes, it is true that a relative can make an anonymous complaint and a resident can make an anonymous complaint. An associate can make an anonymous complaint. But I hardly think an advocate can make an anonymous complaint. If an advocate is working on behalf of a residential aged-care facility, they are almost compelled to front that facility and say, ‘I am here on behalf of resident A, who alleges X, Y and Z.’ They can hardly make an anonymous complaint through a complaints process and fulfil their obligations as an advocate.

An advocate works openly on behalf of a resident but, under this legislation, they will not be protected. Recognising that you have not been close to this—I respect that; I am not critical of that—I refer you to the earliest evidence presented to the Senate inquiry. Ms Lyttle and Mr Aivaliotis from Elder Rights Advocacy in Victoria talked about the increasing amount of litigation or potential litigation that that organisation has to deal with simply because they are acting on behalf of residents in aged care. We are surely not trying to not protect these people, who are simply doing their job on behalf of vulnerable older Australians?