38      Aged Care and Other Legislation Amendment (Royal Commission Response No. 2) Bill 2021

Limitation  of  debate : The time allotted for the consideration of the bill expired ( see entry no. 14 ).

The following amendment circulated by the Australian Greens to the motion for the second reading was considered:

At the end of the motion, add “, but:

(a)               the Senate affirms the importance of implementing the recommendations of the Royal Commission into Aged Care Quality and Safety;

(b)               the Senate notes that:

(i)                    the aged care sector is in crisis due to this Government’s failure to support aged care residents, providers and workers,

(ii)                  the Minister for Senior Australians and Aged Care Services and the Prime Minister have refused to characterise this as a crisis, despite the number of deaths occurring on a daily basis,

(iii)                the Government has failed to support the case for a 25% pay increase for aged care workers, which would provide the support they need and deserve, and

(iv)                the Government has failed to ensure that allied health services receive the funding they deserve to support aged care residents; and

(c)               the Senate calls on the Government to respond to the crisis in the aged care sector with the urgency that is required.

Question—That the amendment be agreed to—put.

The Senate divided—

AYES, 28

Senators—

Ayres	Griff	McCarthy	Smith, Marielle
Chisholm	Grogan	McKim	Steele-John
Ciccone	Hanson-Young	O’Neill	Thorpe
Cox	Keneally	Patrick	Urquhart*
Dodson	Lambie	Pratt	Walsh
Faruqi	Lines	Rice	Watt
Gallagher	McAllister	Sheldon	Whish-Wilson

 

NOES, 26

Senators—

Abetz	Hanson	Mirabella	Ruston
Askew	Henderson	O’Sullivan	Scarr
Bragg	Hughes	Paterson	Small
Brockman	Hume	Payne	Smith, Dean
Chandler	McDonald	Reynolds	Stoker
Davey*	McGrath	Roberts	Van
Fawcett	McLachlan

* Tellers

Question agreed to.

The following amendment circulated by the Opposition to the motion for the second reading was considered:

At the end of the motion, add “, but the Senate:

(a)               notes the:

(i)                    systemic, ongoing failures in Australia’s aged care system as evidenced by the Royal Commission into Aged Care Quality and Safety and 21 other expert reports since 2013,

(ii)                  inadequacy of the Government’s response to the Royal Commission, including an unclear plan for reform implementation and deferred and curtailed legislative action on key issues including, but not limited to, transparency on the use of public aged care funding by aged care providers, and

(iii)                Government’s failures in providing safe, secure and high-quality care for aged care residents due to their historic cuts and poor management of the aged care sector; and

(b)               acknowledges the:

(i)                    significant issues and concerns raised with the bill by stakeholders, including providers, unions and the advocates of older Australians,

(ii)                  particular concerns raised about the consequences of this bill on the ability for aged care providers to recruit and retain staff to provide safe and quality care to older Australians,

(iii)                Government’s lack of action to recruit and retain workers to resolve the growing aged care workforce shortage crisis, and

(iv)                foundation of any successful reform in the aged care sector must include ensuring there are more workers and that those workers are better paid; and

(c)               calls on the Government to urgently address the growing aged care workforce shortage to ensure that older Australians receive the safe and quality care they deserve”.

Question—That the amendment be agreed to—put.

The Senate divided—

AYES, 28

Senators—

Ayres	Griff	McCarthy	Smith, Marielle
Chisholm	Grogan	McKim	Steele-John
Ciccone	Hanson-Young	O’Neill	Thorpe
Cox	Keneally	Patrick	Urquhart*
Dodson	Lambie	Pratt	Walsh
Faruqi	Lines	Rice	Watt
Gallagher	McAllister	Sheldon	Whish-Wilson

 

NOES, 26

Senators—

Abetz	Hanson	Mirabella	Ruston
Askew	Henderson	O’Sullivan	Scarr
Bragg	Hughes	Paterson	Small
Brockman	Hume	Payne	Smith, Dean
Chandler	McDonald	Reynolds	Stoker
Davey*	McGrath	Roberts	Van
Fawcett	McLachlan

* Tellers

Question agreed to.

Question—That this bill be now read a second time—put and passed.

Bill read a second time.

Senator Rice, by leave, withdrew the amendments circulated by the Australian Greens on sheet 1483 revised.

Explanatory memoranda : The Minister for Families and Social Services (Senator Ruston) tabled an addendum to the revised explanatory memorandum and a supplementary explanatory memorandum relating to the government amendments to be moved to the bill.

The following amendments circulated by the Government on sheet ZC149 were considered:

(1)—Clause 2, page 2 (table item 3, column 2), omit “12 months”, substitute “24 months”.

(2)—Clause 2, page 2 (table item 7), omit the table item, substitute:

7.  Schedule 5

1 July 2022.

1 July 2022

(3)—Clause 2, page 2 (table item 10), omit the table item, substitute:

10.  Schedule 8

The seventh day after this Act receives the Royal Assent.

(4)—Schedule 1, item 51, page 13 (lines 3 to 7), omit the item, substitute:

51  Paragraph 96-2(14)(b)

Omit “respite supplement”, substitute “the basic subsidy amount worked out under Subdivision 44-B”.

(5)—Schedule 1, page 18 (after line 4), after item 79, insert:

80  Section 58-6

Omit all the words after “reserving a place in the residential care service for that day”, substitute:

is the amount:

                       (c)  determined by the Minister by legislative instrument; or

                      (d)  worked out in accordance with a method determined by the Minister by legislative instrument.

(6)—Schedule 1, items 99 and 100, page 27 (lines 8 to 20), omit the items, substitute:

99  Application—maximum daily amount of resident fees on or after the commencement day under the Aged Care Act and Transitional Act

          Section 52C-5 of the Aged Care Act, and section 58-6 of the Transitional Act, as amended by the amending Part, apply in relation to a day that is on or after the commencement day.

100  Saving—maximum daily amount of resident fees for a day that is before the commencement day under the Aged Care Act and Transitional Act

          Despite the amendments of section 52C-5 of the Aged Care Act and section 58-6 of the Transitional Act made by the amending Part, those sections, as in force immediately before the commencement day, continue to apply, on and after that day, in relation to a day that is before the commencement day.

(7)—Schedule 1, item 106, page 30 (lines 2 to 10), to be opposed .

(8)—Schedule 2, item 4, page 33 (lines 4 and 5), omit the note.

(9)— Schedule 2, item 4, page 33 (after line 12), at the end of section 7A, add:

   (3)  Despite subsection 44(1) of the Legislation Act 2003 , section 42 (disallowance) of that Act applies to a determination made under subsection (1) of this section.

(10)—Schedule 2, item 7, page 34 (line 6), omit “for purposes relating to”, substitute “if the disclosure is necessary for the purposes of”.

(11)—Schedule 2, item 7, page 34 (line 12), omit “for purposes relating to”, substitute “if the disclosure is necessary for the purposes of”.

(12)—Schedule 2, item 8, page 36 (line 6), after “purpose”, insert “relating to aged care screening checks that is”.

(13)—Schedule 2, item 8, page 37 (line 8), after “information”, insert “relating to aged care screening checks that is”.

(14)—Schedule 2, item 8, page 37 (line 18), after “a purpose”, insert “relating to aged care screening checks”.

(15)—Schedule 2, item 8, page 37 (line 19), after “information”, insert “relating to aged care screening checks”.

(16)—Schedule 2, item 8, page 38 (line 6), omit “for purposes relating to”, substitute “if the sharing is necessary for the purposes of”.

(17)—Schedule 3, item 5, page 41 (after line 14), at the end of the definition of aged care worker , add:

Note:         An individual engaged by an approved provider includes an independent contractor.

(18)—Schedule 3, page 49 (after line 7), after item 24, insert:

24A  At the end of Division 3 of Part 8A

Add:

74GAA   Privilege against self-incrimination not abrogated

   (1)  Nothing in this Division affects the right of a person to refuse to answer a question, give information or give a document on the ground that answering the question, giving the information or giving the document might tend to incriminate the person.

   (2)  The fact that this section is included in this Division does not imply that the privilege against self-incrimination is abrogated in any other Act.

(19)—Schedule 3, item 25, page 53 (lines 12 to 16), omit paragraph 74GE(3)(b), substitute:

                      (b)  invite the individual to make submissions, in writing, to the Commissioner in relation to the matter within 14 days after receiving the notice; and

(20)—Schedule 3, item 25, page 58 (after line 13), after paragraph 74GI(1)(c), insert:

                     (ca)  if the Commissioner is considering whether to revoke the banning order under section 74GF—a statement to that effect;

                     (cb)  if an application has been made under section 74GG for the revocation of the banning order, and the application has not been finally determined—a statement to that effect;

                     (cc)  if a request has been made under section 74K for the reconsideration of a decision to make the banning order or not to revoke the banning order, and a reconsideration decision has not yet been made—a statement to that effect;

                     (cd)  if a decision has been made under subsection 74M(1) to reconsider a decision to make the banning order or not to revoke the banning order, and a reconsideration decision has not yet been made—a statement to that effect;

                     (ce)  if an application has been made to the Administrative Appeals Tribunal for review of a reconsideration decision that relates to a decision to make the banning order or not to revoke the banning order, and the application has not been finally determined—a statement to that effect;

(21)—Schedule 3, item 25, page 58 (after line 16), after subsection 74GI(2), insert:

(2A)  Despite subsection (2), subsection (1) does not apply in relation to a banning order that is no longer in force because:

                       (a)  the banning order has been revoked; or

                      (b )  the decision to make the banning order has been set aside on reconsideration or on review.

(2B)  The Commissioner must ensure that the register is kept up-to-date.

(22)—Schedule 3, item 25, page 58 (after line 18), after subsection 74GI(3), insert:

(3A)  The rules must make provision for, or in relation to, the correction of information that is included in the register, including how an individual may access information about the individual that is included in the register and seek the correction of such information.

(23)—Schedule 3, item 25, page 58 (line 21), omit paragraph 74GI(4)(a).

(24)—Schedule 5, item 35, page 83 (before line 4), insert:

          In this Part:

(25)—Schedule 5, item 35, page 83 (line 5), omit “March”, substitute “July”.

(26)—Schedule 5, item 37, page 83 (line 18), omit “March”, substitute “July”.

(27)—Schedule 5, item 38, page 83 (line 27), omit “1 July 2022”, substitute “the commencement day”.

(28)—Schedule 5, item 39, page 84 (line 7), omit “March”, substitute “July”.

(29)—Schedule 8, item 34, page 110 (line 25) to page 111 (line 16), omit the item, substitute:

34  Subsection 144(2)

After “Deputy Chair”, insert “(Hospital Pricing)”.

34A  Subsection 144(3)

Before “Deputy Chair”, insert “a”.

34B  After subsection 144(3)

Insert:

(3A)  The Minister must ensure that the Deputy Chair (Hospital Pricing) and at least one other member of the Pricing Authority have:

                       (a)  substantial experience or knowledge; and

                      (b)  significant standing;

in either or both of the following fields:

                       (c)  public hospital strategic leadership or operational management;

                      (d)  public hospital pricing and costing.

(3B)  The Minister must ensure that the Deputy Chair (Aged Care Pricing) and at least one other member of the Pricing Authority have:

                       (a)  substantial experience or knowledge; and

                      (b)  significant standing;

in either or both of the following fields:

                       (c)  aged care strategic leadership or operational management;

                      (d)  aged care pricing and costing.

(30)—Schedule 8, items 50 to 63, page 114 (line 8) to page 115 (line 12), to be opposed .

(31)—Schedule 8, item 134, page 140 (lines 5 to 24), to be opposed .

Question—That item 106 of Schedule 1 and items 50 to 63 and 134 of Schedule 8 stand as printed—put and negatived.

Question—That amendments (1) to (6) and (8) to (29) be agreed to—put and passed.

The following amendments circulated by Centre Alliance and Senator Patrick on sheet 1509 revised were considered:

(1)—Clause 2, page 2 (table item 11), omit the table item.

(2)—Schedule 9, page 147 (line 1) to page 148 (line 13), to be opposed .

Question—That Schedule 9 stand as printed—put and passed.

Question—That amendment (1) be agreed to—put and negatived.

The following amendments circulated by Senator Patrick on sheet 1455 revised 3 were agreed to:

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

12.  Schedule 10

1 October 2022.

(2)—Page 148 (after line 11), at the end of the bill, add:

Schedule 10—Registered nurses

Aged Care Act 1997

1  After paragraph 54-1(1)(b)

Insert:

                     (ba)  if the type of aged care is residential care or flexible care provided in a residential setting—to ensure at least one registered nurse is on duty at all times in a residential facility to:

                                     (i)  provide care to care recipients; and

                                    (ii)  supervise the provision of care to care recipients;

2  At the end of section 54-1

   (3)  In this section:

registered nurse means a person who is registered in the nursing profession as a registered nurse under:

                       (a)  for a State or Territory (other than Western Australia)—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld), as it applies (with or without modification) as a law of the State or Territory; or

                      (b)  for Western Australia—the Health Practitioner Regulation National Law Act 2010 (WA), so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld).

3  After section 54-1

Insert:

54-1A  Exemption—small, rural and remote communities

   (1)  The * Quality and Safety Commissioner may, by written notice, grant an approved provider in a small, rural or remote community an exemption from the responsibility under paragraph 54-1(1)(ba) if the Quality and Safety Commissioner is satisfied that the approved provider:

                       (a)  has made a genuine attempt to employ, hire, retain or contract a * staff member who is a registered nurse; and

                      (b)  is unable to employ, hire, retain or contract a staff member who is a registered nurse.

   (2)  The approved provider must provide evidence of paragraphs (1)(a) and (b) to the * Quality and Safety Commissioner.

   (3)  An exemption under subsection (1) remains in force for 12 months after it is granted.

The following amendments circulated by Centre Alliance on sheet 1458 were agreed to:

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

12.  Schedule 11

The day this Act receives the Royal Assent.

(2)—Page 148 (after line 11), at the end of the bill, add:

Schedule 11—Publication of aged care financial reports and general purpose financial statements

Part 1—Amendments

Aged Care Act 1997

1  After section 96-10

Insert:

96-11  Publication of aged care financial reports by Secretary

          The Secretary must make publicly available the aged care financial reports of each approved provider for each financial year prepared under section 35 of the Accountability Principles.

Note:          The Accountability Principles are made by the Minister under section 96-1.

96-12  Publication of general purpose financial statements by Secretary

          The Secretary must make publicly available the general purpose financial statements of each approved provider for each financial year prepared under section 35A of the Accountability Principles.

Note:         The Accountability Principles are made by the Minister under section 96-1.

Part 2—Application provision

2  Application

The amendments of the Aged Care Act 1997 made by this Schedule apply in relation to the 2021-2022 financial year and each later financial year.

Question—That the remaining stages of the bill be agreed to and the bill be now passed—put and passed.

Bill read a third time.