Rex Patrick (SA, Independent) Share this | Hansard source

by leave—I move amendments (1) and (2) on sheet 1191 revised together:

(1) Clause 2, page 2 (at the end of the table), add:

(2) Page 25 (after line 9), at the end of the Bill, add:

Schedule 5— Audio-visual recording

Aged Care Act 1997

1 After section 63 -1C

Insert:

63 -1D Responsibilities relating to audio-visual recording equipment

(1) This section sets out the responsibilities of an approved provider of *residential care relating to the installation, monitoring and review of audio-visual equipment.

Audio-visual recording

(2) The approved provider is responsible for ensuring that audio-visual recording equipment that complies with any requirements set out in the rules is installed in the bedroom of each care recipient in a residential facility which provides *residential care.

(3) An approved provider must ensure that:

(a) in the case of audio-visual recording equipment installed in the bedroom of a care recipient:

(i) the audio-visual recording equipment is operating at all times, in accordance with any requirements set out in the rules, when any person is in the bedroom; and

(ii) the audio-visual recording equipment is monitored, in accordance with any requirements set out in the rules, by a person or body independent of the approved provider; and

(iii) the images recorded by the audio-visual equipment are reviewed, in accordance with any requirements set out in the rules, by a person authorised in writing by the approved provider; and

(b) the requirements under paragraph (a) will only be taken to apply to an approved provider of a residential facility if each care recipient in the bedroom in which the audio-visual recording equipment is installed consents in writing, in accordance with any requirements set out in the rules, to the operation of the audio-visual recording equipment, and the monitoring and review of images recorded by the equipment; and

(c) for the purposes of this section, a reference to the consent of a care recipient will be taken to include a reference to the consent of a person who is authorised under a law of the Commonwealth or a State or Territory to give consent on behalf of the care recipient.

Cost recovery

(4) The approved provider may, in accordance with any requirements set out in the rules, recover from a care recipient the actual costs of:

(a) operating audio-visual recording equipment in the bedroom of the care recipient; and

(b) monitoring and reviewing images recorded by the audio-visual recording equipment in accordance with this section.

(5) To avoid doubt, an approved provider may not recover from a care recipient costs in relation to the installation of audio-visual recording equipment in the bedroom of the care recipient.

Definitions

(6) In this section—

care recipient means a person who is:

(a) receiving *residential care, provided in a residential setting, in respect of which the provider is approved; and

(b) either:

(i) *subsidy is payable for provision of the care to the person; or

(ii) the person is approved under Part 2.3 as the recipient of the care.

Rules

(7) The Minister must, by legislative instrument, make rules prescribing matters:

(a) required or permitted by this section to be prescribed by the rules; and

(b) any other matters necessary or convenient to be prescribed for carrying out or giving effect to this section, including, but not limited to:

(i) access to, and the use and retention of, images recorded by audio-visual recording equipment; and

(ii) protecting the privacy of care recipients.

(8) To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;

(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

I just want to refresh for the chamber that these amendments are in relation to the installation of opt-in CCTV in aged-care facilities. The CCTV would be monitored by professional medical personnel remotely and would be used to detect falls in rooms, so there's an extra set of eyes, but also to deter and deal with any misconduct that might take place inside a facility.

Question negatived.

Progress reported.