Senate debates

Thursday, 14 May 2020

Bills

Aged Care Legislation Amendment (Emergency Leave) Bill 2020; Second Reading

10:27 am

Photo of Richard ColbeckRichard Colbeck (Tasmania, Liberal Party, Minister for Aged Care and Senior Australians) Share this | Hansard source

I thank senators for their contribution to this piece of legislation. The Australian population is ageing, and senior Australians and their families deserve to be treated with respect and dignity whilst receiving high-quality aged care and services. Integral to this is the empowering of aged-care residents to make their own decisions about their emotional wellbeing and physical health and safety. During difficult and challenging times such as the current COVID-19 pandemic, it is vital that senior Australians are supported in their right to exercise their choice about their care.

The COVID-19 emergency has highlighted a gap in existing residential care leave provisions when faced with a large-scale emergency. Currently, permanent aged-care residents are entitled to up to 52 days of social leave each financial year. If a resident exceeds their 52 days of leave then they are required to pay a significant fee to retain their place within the aged-care home. In the context of the Greens proposed amendment, can I say that hospital leave is already unlimited and there is no financial impost on the consumer, unlike social leave, where, as I've just said, the consumer must pay the full subsidy after 52 days. That is what this bill is seeking to address.

During the current pandemic, many permanent residents have indicated they wish to temporarily relocate to stay with family in order to reduce their risk of exposure to COVID-19. These residents currently have no other option but to use their social leave allocation, which will likely run out before they are ready to return to their aged-care home. If they choose to remain on leave, the additional charges that will be incurred to secure their room will place a significant and unnecessary financial burden on them or their families. In many cases, residents may simply not be able to afford the additional charges and may therefore be forced to return to the home or possibly forfeit their place.

The isolation, lack of visitation and inability to stay with family for the duration of the current COVID-19 pandemic has caused cognitive decline and anxiety for a significant number of aged-care residents. Many residents and their families are fearful of the risk of contracting or spreading the virus whilst in an aged-care home, yet are unable to exercise their right to manage their own health and wellbeing due to the limited leave provisions available. The new leave type being introduced through this bill will ensure that residents have access to appropriate leave during emergency situations, and not just during this current pandemic; the legislation makes a provision for any particular emergency situation, so that future governments have the flexibility that we're seeking to introduce right now. This will not see residents either financially disadvantaged or losing leave entitlements for situations completely out of their control. This change is in the best interests of all older Australians and the broader community, as it supports the residents, and in turn their family and carers, to make their own decisions about personal safety or care.

Can I join with other colleagues across the chamber in expressing our condolences to those who have lost loved ones in the current COVID-19 pandemic. I've had the opportunity to talk to some of the families of those loved ones. They're not just numbers. They are individuals. They are members of families who are loved and cherished by all their families, and we understand only too well the importance of providing high-quality care. Can I say, I don't share the pessimism that's been expressed by some in the chamber about the capacity of the aged-care sector to provide good-quality care. We are extremely fortunate in this country that less than one per cent of aged-care facilities have had an incidence of COVID-19. We have seen quite graphically, though, how devastating and how tragic it can be when a significant outbreak does take hold.

The government has not limited the resources that are available to a facility that has an outbreak of COVID-19. We've worked closely with each facility from the time we found out that they had an outbreak within the facility. We've had both state and Commonwealth medical experts and the Aged Care Quality and Safety Commission, working closely with each facility to ensure that they have the resources that they need, whether that be staffing, PPE or advice, acknowledging that the states have oversight of clinical care responses within these circumstances. We've been working closely with all of the jurisdictions to provide the resources that are required to ensure that quality care is being provided but also acknowledging the requirement for communication. In certain circumstances we've provided additional resources, particularly for communication with residents' families so that they understand what's happening within the facilities.

I acknowledge the calls that have been made for the royal commission to consider the events, particularly at Newmarch, and I understand that the opposition has written to the royal commission in that context. I acknowledge, though, that the royal commission has said that they will be looking at aged care in the context of COVID-19 and I believe that's appropriate. But I also believe it's appropriate that they look at all circumstances of COVID-19 in aged-care facilities, because it's not just about Newmarch. Newmarch is a particular case that deserves attention, I agree; but I believe that the royal commission should be looking at all of the aged-care facilities and how each of them has managed COVID-19, because some of them have done a brilliant job. Also, it's not just about the things that have gone wrong. We also ought, through this process, be understanding what has been done well and acknowledging that and congratulating the sector for that, and I do congratulate the sector for that.

I congratulate the staff at the front line who are turning up every day in a very difficult circumstance and dealing with the residents who have been unfortunate enough to be infected with COVID-19, staff who have put themselves at risk and, in some circumstances, have themselves caught the virus. It's a very difficult circumstance for everyone. It's very stressful for everybody involved in all of those circumstances, and I acknowledge the efforts of the industry, the sector more broadly, and the staff, in particular on the front line And I acknowledge the concern quite rightly being expressed by the families, particularly by those who have loved ones within facilities that have had an infection within the site. I thank senators for their contributions to this piece of legislation and commend the bill to the Senate.

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