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senate vote 2024-11-21#10
Edited by
mackay staff
on
2024-11-24 13:45:54
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Title
Bills — Aged Care Bill 2024; in Committee- Aged Care Bill 2024 - in Committee - Complaint determination
Description
<p class="speaker">David Pocock</p><p>by leave—I move my amendments (1) to (3) on sheet 3097 together:</p>-
- The majority voted in favour of an [amendment](https://www.openaustralia.org.au/senate/?gid=2024-11-21.421.1) introduced by South Australian [Anne Ruston](https://theyvoteforyou.org.au/people/senate/sa/anne_ruston) (Liberal), which means it passed and will now form part of the bill.
- ### Amendment text
- > *(1) Clause 361, page 365 (after line 30), after subclause (1), insert:*
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- >> *(1A) Without limiting subsection (1), the rules must provide that if a complaint is made to the Complaints Commissioner about:*
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- >>> *(a) the compliance of a registered provider or a responsible person or aged care worker of a registered provider with this Act; or*
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- >>> *(b) a registered provider acting in a way that is incompatible with the Statement of Rights;*
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- >>> *the Complaints Commissioner must, by the end of the period specified in the rules:*
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- >>> *(c) deal with and resolve the complaint; and*
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- >>> *(d) prepare a written statement (a complaint determination) setting out:*
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- >>>> *(i) what action (if any) the Complaints Commissioner took to deal with and resolve the complaint; and*
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- >>>> *(ii) what action (if any) should be taken by another person to deal with and resolve the complaint; and*
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- >>>> *(iii) information relating to the review or reconsideration of decisions made under the scheme; and*
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- >>> *(e) give the person who made the complaint a copy of the complaint determination.*
<p class="italic">(1) Clause 338, page 348 (after line 20), after the paragraph beginning "The System Governor". insert:</p><p class="italic">The System Governor must provide quarterly reports to the Minister on the duration of waiting periods for certain funded aged care services.</p><p class="italic">(2) Page 353 (after line 3), after clause 342, insert:</p><p class="italic">342A Quarterly reporting on waiting periods for certain funded aged care services</p><p class="italic">(1) Subject to subsection (4), the System Governor must give the Minister a written report, within 28 days after the end of each quarter, on the duration of waiting periods for non-specialist funded aged care services.</p><p class="italic">(2) Without limiting subsection (1), the report must include the following information:</p><p class="italic">(a) the number of applications for non-specialist funded aged care services made under subsection 56(1) for which a decision under subsection 57(1) has not been made, including applications made during that quarter and previous quarters;</p><p class="italic">(b) the average number of days between the date of an application for non-specialist funded aged care services being made under subsection 56(1) and the commencement of the provision of non-specialist funded aged care services, where those services commenced in the quarter;</p><p class="italic">(c) the median number of days between the date of an application for non-specialist funded aged care services being made under subsection 56(1) and the commencement of the provision of non-specialist funded aged care services, where those services commenced in the quarter;</p><p class="italic">(d) an assessment of the differences in the time taken between application and the commencement of services as a result of whether the non-specialist funded aged care service was delivered in an approved residential care home or a home or community setting;</p><p class="italic">(e) an assessment of the differences in the time taken between application and the commencement of services as a result of the State or Territory in which the non-specialist funded aged care service was delivered;</p><p class="italic">(f) an assessment of the differences in the time taken between application and the commencement of services as a result of the local region in which the non-specialist funded aged care service was delivered;</p><p class="italic">(g) any other matter prescribed by the rules.</p><p class="italic">(3) The System Governor must publish the report on the Department's website as soon as practicable after it is given to the Minister.</p><p class="italic">(4) If this section commences during a quarter (but not on the first day of the quarter):</p><p class="italic">(a) no report is to be made at the end of the quarter; but</p><p class="italic">(b) the report made at the end of the next quarter is also to include the information about the duration of waiting periods for non-specialist funded aged care services that occurred in the previous quarter.</p><p class="italic">(5) In this section:</p><p class="italic"><i>local region</i> has the meaning prescribed by the rules.</p><p class="italic"><i>non-specialist funded aged care service</i> means a funded aged care service other than a service delivered under a specialist aged care program.</p><p class="italic"><i>quarter</i> means a period of 3 months starting on any of the following dates in a year:</p><p class="italic">(a) 1 January;</p><p class="italic">(b) 1 April;</p><p class="italic">(c) 1 July;</p><p class="italic">(d) 1 October.</p><p class="italic">(3) Clause 601, page 559 (after line 20), after subparagraph 601(1A)(b)(v), insert:</p><p class="italic">(va) the expansion of regular reporting on the duration of waiting periods for funded aged care services to cover specialist aged care programs;</p><p>These amendments provide some structural transparency around waiting times in the aged-care system. Crucially, they would allow us, every quarter, to see how waiting lists are tracking across the country, from the time people put in an application until the first service commences. We know that this is an issue both here in the ACT and across the country in various communities, and up until this point the only way to find out about it was through the estimates process. It's my hope that more transparency will allow us to pick up on issues and provide them to the government.</p><p>We can't underestimate the toll that long waiting times for support can have on senior Australians. When we don't step in with timely support, people are at risk of losing confidence or injuring themselves. They end up in our hospital system or in residential care long before they need to. It's not a good outcome for anyone, but I accept that there is a lot of work to do to lower the waiting times</p><p>I thank the government and opposition. In particular, I would like to thank the team in Minister Wells's office and Senator Ruston's office for their advice with these amendments.</p> <p class="speaker">Katy Gallagher</p><p>I thank Senator Pocock for moving this amendment. The government supports the amendment and appreciates the engagement we have had with Senator Pocock on this. It is aligned with our commitment to improve transparency and accountability in aged care and works well with the new reforms under this bill that hopefully will become an act soon. We are very happy to support this amendment.</p> <p class="speaker">Anne Ruston</p><p>The opposition will be supporting the amendment moved by Senator Pocock because we believe that the information that Senator Pocock is seeking to be made publicly available on a regular basis is something that has been sadly lacking. We have seen quite extraordinary blowouts in the wait times and the number of people on the national priority system. Minister, I was wondering if we have any idea on the commencement of Support at Home, the anticipated number of packages from level 1 to level 8 over the first 12 months and two years of the system?</p> <p class="speaker">Katy Gallagher</p><p>We have new entrants to Support at Home, a mix of people accessing new places and also people accessing existing places from people who exit care. There are 83,000 new packages. There are expected to be 90,000 exits and 173,000 total new entrants in 2025-26.</p> <p class="speaker">Anne Ruston</p><p>So you are anticipating there will be 83,000 new packages, accepting that of the 173,000 new entrants, 90,000 of them, sadly, will be replacing those no longer in the system. So we have 83,000 new packages. My calculations tell me there are only 30,000 new packages being released next year, so I'm interested to understand where those 83,000 packages are coming from.</p> <p class="speaker">Katy Gallagher</p><p>The commitment from the government is 300,000 places over 10 years. There is not an annual allocation of 30,000. Releases will vary per year in line with some of the demand projections.</p> <p class="speaker">Anne Ruston</p><p>Okay, could you give us an indication then, on the basis of the calculations that have been handed to you from your officials of the 83,000 new packages for 2025-26, are all 83,000 going to be made available in 2025-26?</p> <p class="speaker">Katy Gallagher</p><p>Yes. The projection is there will be 83,000—sorry, let me check my notes—new packages, which is what I said at the beginning of my answer.</p> <p class="speaker">Anne Ruston</p><p>Of the 300,000 packages you are estimating over 10 years, are you estimating 83,000 of those will be released in the first year?</p> <p class="speaker">Katy Gallagher</p><p>Yes.</p> <p class="speaker">Anne Ruston</p><p>So we've got 83,000 packages to be released in 2025-26, which, obviously, is going to leave us with 217,000 packages over the subsequent nine years. Have you got the breakdown of the estimation of those packages?</p> <p class="speaker">Katy Gallagher</p><p>I don't believe that information is available. Obviously projections will be updated as the system rolls out and new packages are provided. You would expect that, I would imagine, to happen on an annual basis.</p> <p class="speaker">Anne Ruston</p><p>Is the costing for those 83,000 new packages contained within the financial envelope that has been released as part of this?</p> <p class="speaker">Katy Gallagher</p><p>Yes, it is.</p> <p class="speaker">Anne Ruston</p><p>In relation to the first year, obviously, because that's the one you have the information on, have you got a breakdown of those 83,000 packages and what will be in levels 1, 2, 3, 4, 5 through to 8?</p> <p class="speaker">Katy Gallagher</p><p>I don't believe so at this stage. It's dependent on assessments.</p> <p class="speaker">Anne Ruston</p><p>Obviously that's great news for older Australians, particularly those on waiting lists, that 83,000 packages are going to be released in 2025-26. I'm interested to understand what modelling you've done in relation to workforce capability to be able to provide those services.</p> <p class="speaker">Katy Gallagher</p><p>As I said earlier this morning, we have seen a number of changes with the aged-care workforce. Obviously the aged-care wage increases have significantly improved the aged-care workforce, both in retaining and in attracting people to the aged-care system. This is something that the minister has been working very hard on. Clearly, expanding services significantly can only be successful if there is the workforce to provide them, but the aged-care wage has been probably the single biggest important initiative, which, again, the minister fought very hard for. There is also the work that's been released—this professional framework to build and strengthen the aged-care workforce. I know we're not allowed props, but I'll just show you that one. And working with providers about their expectations is clearly part of it.</p> <p class="speaker">Anne Ruston</p><p>I hope you are able to achieve that. I'm interested to understand: if you're going to release 83,000 packages in 2025-26, what was the rationale behind the decision to only release 24,100 in 2024-25?</p> <p class="speaker">Katy Gallagher</p><p>That decision was essentially based on keeping the packages going out but knowing that the minister was leading these reforms to get the new system in place, which would significantly increase the number of packages. So it's essentially to continue to invest, build and make packages available knowing that this system, once this bill passes, will be implemented. As we said, there will be a significant uptick in packages for the 2025-26 year.</p> <p class="speaker">Anne Ruston</p><p>I'm still not quite understanding what you're saying in relation to this. My question was in relation to the 24,100 packages released in 2024-25, and you're saying 83,000 are going to be released in 2025-26. What changes proposed in this bill are going to substantially change the means through which packages are delivered that would warrant you restricting packages to 24,100 this year when somehow you've been able to find the capacity within the system for 83,000 packages next year? You're making it sound like the reforms that are before us, within this package of legislation, are somehow going to change the ability of the sector to deliver those packages.</p><p>I take your point around a previous decision in relation to wages, which has certainly seen a stabilisation of the exit of staff from the aged-care workforce, and I know that the aged-care sector is grateful for that intervention. But I'm trying to understand what is happening here or what changes you are referring to that would mean that you are releasing more than three times the number of packages in 2025-26 than you have 2024-25. What is the basis for that? To me, it has a very strange look of you restricting the release of packages in 2024-25. If the capacity exists in 2025-26 for more than three times the number of packages than were released in 2024-25, I would like to understand why you have restricted the release of packages in 2024-25.</p> <p class="speaker">Katy Gallagher</p><p>There have been additional packages in 2024-25, and then, through the reforms in the Aged Care Act and the Support at Home program, we are building a more sustainable aged-care system, going forward, including more options for care through Support at Home, including co-contributions. There has been no restriction. There has been additional investment. Then, in 2025-26, when Support at Home would commence—as you know, there are different levels of packages that will come through there, with different levels of care and more choice and control for participants, including the use of co-contributions. It's around the whole purpose of this bill, essentially.</p> <p class="speaker">Anne Ruston</p><p>Minister, what will be the amount of the co-contributions in 2025-26?</p> <p class="speaker">Katy Gallagher</p><p>I don't believe that that is a number we can give, because it would be based on assessments and based on the choices of people coming into Support at Home—what options from the service list they want to pursue. I think it would be almost impossible to predict that.</p> <p class="speaker">Anne Ruston</p><p>You made a comment about the reason that 83,000 packages would be able to be released into the market in 2025-26. You said it was the co-contribution, and it's interesting that you don't know what the co-contribution is to that. Nonetheless, I'm very interested. This program doesn't start until 1 July 2025. There are significant grandfathering provisions contained within this to make sure that anybody who's already on their aged-care journey is not going be negatively impacted. I still don't quite understand how we've gone from 24,100 to 83,000 in the space of one year, but, obviously, that's very good news for older Australians who are looking for access to government funded and supported aged care.</p><p>As I said, we'll be supporting Senator David Pocock's amendments in relation to transparency around wait times and waiting lists, and thank him very much for the really constructive way that he has engaged in this process in support of older Australians who are currently languishing on very long waiting lists and for very long wait times.</p> <p class="speaker">Andrew McLachlan</p><p>Since debate on Senator Pocock's amendments seems to have taken its course, the question is that amendments (1) to (3) on sheet 3097 moved by Senator David Pocock be agreed to.</p><p>Question agreed to.</p> <p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>-
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