Bill must pass before Christmas

Legislation needs to pass this year whether or not government agrees to any improvements, or reform will unravel, writes Ian Yates.

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The introduction of Aged Care Bill 2024 to –  parliament is an historic step forward in the aged care reform process. The Bill will directly implement 58 recommendations of the royal commission as well as consolidate the many others that have already been enacted by previous reform legislation.

It maintains the vitally important momentum for change.

When the new Aged Care Act becomes operational next July, it will over time inexorably change aged care for the better.

Many more people will get higher levels of support and care at home. There will be greater investment in the sector. We will have tougher standards and stronger regulatory action against poor providers. Standards of governance will rise. And most importantly, people needing and receiving care will have comprehensive rights that providers will be required to respect.

That said, the Bill is not perfect.

I and my office have repeatedly highlighted two fundamental royal commission recommendations not adopted by government.

These are the creation of a single, seamless, comprehensive program that removes the silo walls between residential, home care and home support, and a universal right to care when need is assessed, so that care is provided on demand.

These were highlighted in our 2024 Royal Commission Report, and our submission to and appearance before the Senate committee tasking with reviewing the proposed legislation.

This Bill does neither. Government is not ready to go there, regrettably. There are other concerns as well, not least lack of a plan for the Commonwealth Home Support Program.

Some of the proposed changes have merit

Other stakeholders have other issues – some want more, others less, while some want stronger, others weaker. The concerns are somewhat predictable. Some of the proposed changes have merit.

However, as they are pursued before the committee, the Senate itself, and the media, stakeholders should pay heed to the lessons of the Living Longer Living Better Reform of 2013, which nearly did not pass as the sector bickered before the Senate committee.

COTA Australia won that battle, getting key players to publicly back the Bill. But it was a close call.

This Bill needs to pass whether or not government agrees to any improvements, and pass before the Christmas break, and be implemented on 1 July 2025.

If it’s not, then reform will unravel, and it will take years to get it back on track.

Ian Yates is Acting Inspector-General of Aged Care

More stakeholder views from this edition

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