Senate debates

Wednesday, 17 October 2018

Bills

Aged Care Quality and Safety Commission Bill 2018, Aged Care Quality and Safety Commission (Consequential Amendments and Transitional Provisions) Bill 2018; Second Reading

7:02 pm

Photo of Matthew CanavanMatthew Canavan (Queensland, Liberal National Party, Minister for Resources and Northern Australia) Share this | | Hansard source

I move:

That these bills be now read a second time.

I seek leave to have the second reading speeches incorporated in Hansard.

Leave granted.

The speeches read as follows—

AGED CARE QUALITY AND SAFETY COMMISSION BILL

Today I am proud to introduce the Aged Care Quality and Safety Commission Bill 2018, which contributes to this Government's commitment to ensure that Australians in the aged care system are better cared for. This Bill gives effect to the Government's announcement in the 2018-19 Budget to establish this new Independent Commission, as part of providing for better quality of care for consumers of aged care services in Australia.

The introduction of this Commission is also a direct response to the findings and recommendations of the Review of National Aged Care Regulatory Processes undertaken by Kate Camel! and Ron Paterson. I would like to acknowledge Ms Carrell and Professor Paterson for the review as it has contributed significantly to the Government's reforms in relation to aged care quality regulation. I would like to express my gratitude to the aged care consumers who gave their time to provide this Review with submissions setting out their experiences of the aged care system. I would also like to thank the consumer and advocacy groups, aged care providers and their peak bodies, and the industry experts who have made themselves available to assist the Department of Health in the development of this Bill.

The Commission brings together the functions of the Australian Aged Care Quality Agency, the Aged Care Complaints Commissioner, and, from 1 January 2020, the aged care regulatory functions of the Department of Health.

I would like to thank Ms Rae Lamb, the first appointed Aged Care Complaints Commissioner for her outstanding contribution to strengthening the aged care complaints system; empowering consumers to exercise their rights; and working with aged care providers to deliver better care and services. I would also like to thank Mr Nick Ryan, CEO of the Australian Aged Care Quality Agency for his outstanding and tireless contribution to the regulation of aged care and building a better system to protect consumers and promote quality aged care.

This single agency will ensure older Australians and their families have a single point of contact to raise concerns and ask questions about their aged care and to know the new Commission is empowered to respond.

Consumers are at the heart of this reform, and the role of the Commission will be to operate a regulatory framework that will protect and enhance the quality of life, safety, health and well-being of aged care consumers.

The Commission is to be responsible for promoting the confidence and trust of aged care consumers in the provision of aged care services including Commonwealth-funded aged care services.

The Commission will promote engagement with aged care consumers and representatives within the aged care sector about the quality of care and services provided by approved providers of aged care services and Commonwealth-funded aged care service providers.

The role of the Commission, builds on existing government funded consumer-focused support such as the Older Person Advocacy Network (OPAN) that advocates for and supports consumers to know their rights and have a voice about their care and services.

The Commission will be led by an independent Aged Care Quality and Safety Commissioner. A single statutory office will enable flexible and responsive regulatory powers and build a holistic and joined up risk-based approach to aged care regulation.

The Commissioner will take on the functions currently performed by the Complaints Commissioner and the Chief Executive Officer of the Quality Agency, with specific functions also set out that relate to:

      The Commissioner will be supported by advice from the Aged Care Quality and Safety Advisory Council. This Council will be made up of members with significant expertise in relevant fields and will be empowered to provide the Commissioner and the Government with advice concerning the functions of the Commissioner.

      This Bill:

                A single Aged Care Quality and Safety Commission will ensure that consumers know who to contact when they require assistance with a complaint, a concern or when something goes wrong. Aged care providers will also know who to contact in relation to their accreditation, assessment, quality monitoring and compliance requirements. The Commission's role extends to all Commonwealth funded aged care service types, including residential care and care in the consumer's own home.

                I will also introduce the Aged Care Quality and Safety Commission (Consequential Amendments and Transitional Provisions) Bill 2018, which provides for the administrative matters required to transfer the functions and operations of the existing authorities into the new Commission. Importantly, this Bill provides for the continuation of the appointments of the members of the existing Aged Care Quality Advisory Council, as members of the new

                Aged Care Quality and Safety Advisory Council. This will enable the new Advisory Council to commence operations immediately, and will provide stability and experience in the advice being provided to the Commissioner and to the Government.

                These Bills form part of a broader Government's aged care reform agenda announced in the 2018-19, which includes further reforms to improve aged care regulation and the provide greater transparency of quality in aged care, which will continue to be implemented in the coming months and years.

                AGED CARE QUALITY AND SAFETY COMMISSION (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL

                Today I am pleased to introduce the Aged Care Quality and Safety

                Commission (Consequential Amendments and Transitional Provisions) Bill 2018.

                This Bill is a companion Bill to the Aged Care Quality and Safety Commission Bill 2018.

                This Bill will repeal the Australian Aged Care Quality Agency Act 2013 and the Australian Aged Care Quality Agency (Transitional Provisions) Act 2013 when the new Aged Care Quality and Safety Commission comes into effect on 1 January 2019. In addition it will make consequential amendments to the Aged Care Act 1997 and Associated Principles to replace references to:

                      with the Aged Care Quality and Safety Commissioner.

                      Most importantly this Bill provides for the administrative matters required to transfer the functions and operations of the two existing authorities into the new Aged Care Quality and Safety Commission. Importantly, this Bill provides for the continuation of the appointments of the members of the existing Aged Care Quality Advisory Council, as members of the new Aged

                      Care Quality and Safety Advisory Council. This will enable the new Advisory Council to commence operations immediately, and will provide stability and experience in the advice being provided to the Commissioner and to the Government.

                      Finally the Bill also provides a degree of flexibility to make adjustments to the new arrangements or prescribe other matters of a transitional nature in the rules.

                      Photo of John WilliamsJohn Williams (NSW, National Party) Share this | | Hansard source

                      In accordance with standing order 115(3), further consideration of these bills is now adjourned to 19 October 2018.