Senate debates

Thursday, 4 December 2008

Aged Care Amendment (2008 Measures No. 2) Bill 2008

In Committee

8:04 pm

Photo of Rachel SiewertRachel Siewert (WA, Australian Greens) Share this | Hansard source

by leave—I move amendments (1) and (2) on sheet 5652 (revised) together.

That amendments (1) and (2) on sheet 5652 be taken together.

(1)    Schedule 1, item 7, page 5 (lines 21 and 22), omit paragraph 8-3A(1)(a), substitute:

           (aa)    if the entity is a non-profit organisation with voluntary board members—a person who has authority or responsibility for (or significant influence over) planning, directing or controlling the activities of the entity at the time;

             (a)    for any other entity—a member of the group of persons who is responsible for the executive decisions of the entity at that time;

(2)    Schedule 1, item 7, page 6 (after line 5), after subsection 8-3A(1), insert:

     (1A)    To avoid doubt, a person is not one of the key personnel of a non-profit organisation merely because that person is a voluntary board member of the organisation.

I want to comment on the amendments which are about the definition of key personnel but, as indicated in my speech in the second reading debate, I have a couple of questions that I seek clarification about from the minister. The first is on the issue of police checks for emergency contractors that are brought in in emergencies—for example, a plumber who is brought in at night to fix a water leak. We need to ensure that the existing supervision conditions will remain and that aged-care providers will still be able to use those existing provisions. This is an issue that was raised during the committee inquiry. This, amongst other things, was of specific concern.

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