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

I have one question. I am really disappointed that the government has not taken the opportunity to extend the types of reporting that will be protected under these whistleblower elements. This goes to the nature of this legislation. This legislation tells people that they have to do something if they see something; they have to report. I accept that. It is a different approach to the more collaborative and positive approach of encouraging a culture of openness and transparency.

We should say to everyone involved in aged care: ‘We value these people so much, they are so important to us, that anything that you see should be reported within the facility, and then you will be protected. If you see abuse of the nature that Senator Allison talked of, like someone deliberately removing food when they should not be or people not being changed when they should be changed, then you should talk about it.’ This is the culture we want in aged care so that all of us are there for the good of the residents to do the right thing.

But, no, the attitude of the government is: ‘You will report sexual and physical assault and we don’t really care about the rest.’ That is what this legislation says. If they adopted these amendments, we would be saying very clearly to the residents and their families, staff and everybody else in aged care: ‘These people are valuable and if you see anything that you think is inappropriate’—because it would be the culture of the organisation, not a direction from the minister—‘because it is the right and proper, human thing to do, you have to tell somebody.’ That is what we should be engendering in this legislation, but we are not.

I am concerned, Minister, that you are saying that we are going to be able to monitor the reports that are coming in. I put to you that people do not report neglect to the department and this will not encourage them to do that. The Aged Care Standards and Accreditation Agency may make some assessments of where neglectful behaviours in a facility might be occurring, but there is not a culture of reporting to the department things that you see as a matter of course. You say that there is going to be a difference that will be measurable, but that is just not technically feasible. It does not happen now. We do not measure things and there is no requirement to report. It is a very arbitrary measure. I think anyone looking at the way aged care operates would basically laugh at that being a measure of the success or otherwise of this legislation. Minister, I really am beseeching you. These are important amendments and I want you to consider them closely.