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

As I understand it, the amendment moved by the Democrats proposes to extend the protections for disclosure beyond disclosures relating to reportable assaults but also to other conduct amounting to neglect or abuse of any kind. The government acknowledges that elder abuse is broader than the two serious matters considered under the consideration of this bill and that elder abuse can include psychological, financial abuse and neglect. This bill, however, focuses on sexual assault and serious physical assault. It is important to note that any person may at any time report any type of abuse to either the department or the police, and this bill in no way constrains that.

If a person chose to report these other types of abuse, they would be afforded protection by virtue of the fact that they can choose to make a complaint anonymously or confidentially, as I mentioned earlier. The new Office of Aged Care Quality and Compliance will investigate any and all information that comes to its attention regarding any abuse or neglect by approved providers and any possible breach of an approved provider’s responsibilities under the Aged Care Act—and that is very broad indeed.

The Aged Care Act is very clear about the rights of residents, which include the right to live in a safe and secure environment, and the responsibility of approved providers to provide such an environment. However, it is important to distinguish this type of complaint from a complaint about a family member abusing a resident of aged care. The Aged Care Act cannot regulate the activities of family members or friends of residents of aged-care services. While the government acknowledges this can occur—and it is very distressing when it does occur,—the Commonwealth cannot regulate through the Aged Care Act the activities of private citizens and the relationship between family members.

The legislation strikes a balance by ensuring that those who are required by law to make disclosures about certain types of abuse are also protected by law from victimisation. Those who report other types of abuse and who are not required by law to make reports will be encouraged to do so and will also have the protections that are afforded by confidentiality and anonymity. Such people also have all the existing protections available at common law. The government will not be supporting this amendment for those reasons.

I think it is important to bear in mind that this bill is focused on sexual assault and serious physical assault and that there are mandatory requirements in relation thereto for obvious reason—because of their serious nature. However, that does not exclude or mean that we are dismissive of a broader aspect of abuse, and there is the new Office of Aged Care Quality and Compliance, which will investigate any information of that sort which comes to its attention. It still does not stop people from raising these issues or making a complaint of a more general nature.