Penny Allman-Payne (Queensland, Australian Greens) Share this | Hansard source

I rise to speak on the Aged Care and Other Legislation Amendment Bill 2025 and the associated bill. These bills and the Aged Care Act 2024 should be about responding to the findings of the Royal Commission into Aged Care Quality and Safety. The stories that emerged in the course of that inquiry were sickening. That governments let aged care in this country degrade to the point where human rights abuses were a feature of the system is a stain on this country. The way we treat and care for older people matters deeply, and while attempts at reform have been made I hold serious concerns, as I did last year, that we will soon be bearing witness to more mistreatment under a system that prioritises profit over people.

The aged-care royal commission's final report found that, for too long, legislation had focused on the funding requirements of aged-care providers rather than the genuine care needs of older people. The royal commission's final report recommended that a new aged-care act be developed to put the rights of older people at the very centre of their care. It is the view of the Greens that the government has chosen to pursue a new act without due regard for myriad other aspects of the royal commission report, specifically those that relate to the dangers of financialisation of care and the prioritisation of providers' interests over those of older people.

The Greens welcome aspects of the main bill that seek to address valid community concerns, including removing the ability for the rules to prescribe caps for cleaning and gardening services. Likewise, many aspects of the main bill make technical changes to the Aged Care Act 2024 that are necessary for the proper functioning of Australia's new aged-care system.

The Greens hold concerns with some aspects of the main bill that appear to be designed to optimise the abilities of providers to charge aged-care recipients fees rather than ensure that vulnerable older people are not facing unreasonable costs. As has been raised in several submissions, the amendment on how cancellation policies are enacted risks older people being charged no-show fees for circumstances that are unavoidable such as emergency admissions to hospital.

The shameful evidence we saw throughout the royal commission showed that the sector lacked serious regulation. We are concerned that, without enforceable rights, this regulation remains too relaxed to prevent another royal commission. There should also be far greater scrutiny over the proposed ability for the minister to make decisions under a Henry VIII rulemaking power. While the establishment of a new system holds risks, and it is arguable that the minister must be able to act to ensure the continuity of service, greater scrutiny is required to ensure that rules are made in the interests of older people.

The Greens appreciate and deeply value the input of First Nations groups to this inquiry. As stated by NATSIAC, the design of the new aged-care system has raised significant concerns regarding its cultural responsiveness, its equity protections and the inclusion of Aboriginal and Torres Strait Islander governance, voice and data rights in both design and delivery. Stakeholders have also raised concerns that the bills do not act to ensure that payments received under redress schemes, including those related to stolen generations schemes or civil payments received through court cases for sexual abuse, are excluded under income and asset tests.

While the Greens support the wealthy paying their fair share, opening the door to an expanded user-pays model risks only serving to increase the profits of the private providers that are already robbing older Australians blind. If more emphasis on user-pays approaches is the answer, then we're asking the wrong question. The government needs to be responsible for funding an accessible system for all Australians who need it. The continuing rationing of care and a growing divide in financial incentives for providers to accept residents unable to afford a refundable accommodation deposit are cause for serious concern.

In their submission to this inquiry, Uniting NSW.ACT stated:

From 1 November, residents that meet the means testing thresholds will be required to contribute more toward their accommodation. However, this may incentivise providers (especially those under financial strain) to prioritise residents who can pay more, potentially disadvantaging those without means.

This lack of action on the broader crisis in aged care was noted during the passage of the Aged Care Act 2024, with these bills doing little to address the fundamental structures in place that led to the royal commission.

I'm also deeply concerned at the fact that this government has refused to release any further home-care packages despite the overwhelming evidence that this is harming older people. The government's decision to delay the commencement of the new Support at Home program until 1 November 2025 while also withholding the release of any additional home-care packages is unconscionable. The official waitlist of people already in receipt of a home-care package shows over 87,000 people are waiting for care for which they have been assessed. Last week department officials made available new data revealing that 121,596 people as at the end of July are awaiting an ACAT assessment. This suggests that the effective total number of people awaiting home care is already over 200,000 people long.

Officials also revealed that no new home-care packages have been released since 1 July. Under this system, you have to wait for someone else to die or move into residential aged care before you can get support at home. That is unconscionable. The Greens are calling on Labor to urgently release enough home-care packages for everyone who needs one, and they could do it this week. There is literally no reason why the government cannot release more packages aside from the stubbornness of a minister who is out of his depth and a Labor Party that can never admit when they are wrong.

Expect testimony shows the Commonwealth Home Support Program is unlikely to be able to meet increased demand for Support at Home prior to 1 November 2025. That's why I am steadfast in my call, along with my Greens colleagues, for the government to release more home-care packages as a matter of urgency and work toward a high-quality, affordable aged-care system that is universal and needs based, characterised by quality support, nursing and personal care, whether in your own home, residential care or hospital.

Older people are not commodities. They must be treated with respect, dignity and care. The Greens welcome small changes and technical improvements, but we do not expect the reforms made by this government to prevent or even meaningfully delay the onset of a state of rolling crisis in Australia's aged-care system. As aged-care expert Professor Kathy Eagar AM stated in her submission to the aged-care bill 2024 inquiry:

My overarching comment is that the new Aged Care Act simply entrenches the existing aged care system, albeit with minor wording and technical changes. To describe this as the biggest reform in decades is simply misguided. The changes being proposed are marginal improvements on the status quo. Any marginal improvement is welcome. But these changes do not address the fundamental problems underlying aged care. It is inevitable that aged care will be back in crisis within a few years.

With an ageing population, the scale of care delivery is not matching the growing demand. Delays to programs that support care at home as well as the rationing of residential aged care have very real effects on older people and their loved ones that care for them. Quality of life deteriorates, people not receiving care at home become more susceptible to illness and injury, and residential aged care becomes not a place of care and respect but a waiting room for those reaching the end of their lives. The key driver for aged-care reform should never be budget repair or provider profitability. It must be to improve care, quality and enforcement in the sector after the shocking revelations of the royal commission. The elderly are not commodities; they are human beings. It should be an obligation of any moral society for the government to ensure that older people can get the care they need at the time they need it.