Pass the Bill, says Senate inquiry

Sector peak bodies have welcomed the inquiry’s report on the Aged Care Act, which includes comments from coalition senators calling for amendments.

The Senate committee reviewing the legislation for a new Aged Care Act has recommended the bill be passed, but the coalition senators have called for a long list of recommendations including a review of the Support at Home commencement date and transition elements.

The Senate Community Affairs Legislation Committee’s review of Aged Care Bill 2024 included a national tour of 9 hearings and received over 189 submissions since it began in mid-September.

In its 159-page report published online on Monday 4 November, the sole majority recommendation from the 11-member and participating member multi-party group is:

“The committee recommends that the bill be passed.”

Additionally it has encouraged the government to consider the issues raised throughout the inquiry in any further development of the bill and accompanying rules while adding it believes ”the bill must be passed urgently.”

However, within the report’s additional comments coalition senators make 32 recommendations including “the Bill be passed with amendment”. Plus, there’s a dissenting report from the Australian Greens.

Peaks welcome report

Aged care’s consumer and provider peak bodies have welcomed the committee’s report and particularly its majority view to pass the legislation.

Craig Gear

Older Persons Advocacy Network chief executive offcier Crag Gear said he was pleased most committee members supported the Bill moving forward with some sensible clarifications, including the commentary on hardship provisions.   

“On balance, it’s now time to move forward. We need the support for transition for all parties, including older people, families and providers,” Mr Gear said.

Aged & Community Care Providers Association also celebrated the Senate committee’s recommendation to pass Aged Care Bill 2024 and reiterated the need to get the timing of reforms right.

“We believe setting realistic transition timeframes is crucial to support successful implementation of the Act, ensuring providers have the information and time they need for these vital reforms,” the peak said on LinkedIn.

Coalition recommends amendment

Many of the coalition’s recommendations will please aged care providers, who called for delayed commencement to Support at Home, staging of reforms, and more detail on subordinate information before reforms are implemented. There are also calls to review care management fee caps and greater flexibility in care minutes, likely pleasing other advocates.

Among its list, coalition Senators recommend:

  • reviewing the commencement date of Support at Home to allow sufficient time for implementation, following receipt of the transition Bill and all the subordinate legislation
  • a clear transition path including implementation information beyond 1 July 2025
  • greater flexibility in use of care minutes so that residential aged care homes can deliver individualised, fit for purpose care within the limitations of their market
  • removal of supporter provisions to allow additional time for consultation agreement on the timeframe for the release of the rules and corresponding instruments prior to the Bill being passed
  • referring all relevant rules and subordinate legislation to the Senate Standing Committee for inquiry and public comment upon their release
  • transition arrangements include a provision that the start date for all changes that require ICT builds be set on a date not less than six months following
    • receipt of pricing from IHACPA
    • tabling of the chapter 4 rules, and
    • all associated Government ICT changes be in place or, at least scoped to the extent that would provide certainty
  • providers are not penalised until full transition has been completed
  • the design of the CHSP replacement program be expedited to give providers sufficient time to make necessary changes and to prevent the challenges associated with rushed policy implementation as seen with this Bill
  • further consultation on care management fee caps, including with clinicians, to provide greater transparency about the factors that were used to determine the service lists
  • Government specifically review their determination to cap cleaning and gardening services and the categorisation of activities such as showering within the Service Lists
  • clarification who within an aged care organisation should be authorised to receive a disclosure, including the provision for an employee to opt out of being required to receive such disclosures
  • any condition sufficiently important to require a civil penalty should be subject to the scrutiny of the Parliament
  • the System Governor report quarterly on waitlist and wait times from application to service commencement
  • the Bill include provision to ensure aged care places cannot be reduced unless proven demand has decreased.

Greens add dissenting report

In the dissenting report from the Australian Greens, committee deputy chair Senator Penny Allman-Payne has recommended “the Government address many of the serious concerns raised throughout the inquiry, as well as provide the outstanding rules to enable a clearer assessment of the impact of the legislation in its totality.”

Pocock highlights Canberrans’ views

The report also contains additional comments from participating member ACT Senator David Pocock about issues raised in his electorate.

Mr Pocock said he was “generally supportive of the aims of the government’s proposed reforms” but would be calling for greater clarity and certainty in a number of areas including:

  • hardship protections
  • timely access to assessments
  • sufficiency civil penalties
  • measures left to delegated legislation such as 2 per cent of refundable accommodation deposits and co-contribution fees for home care packages
  • enforceability of the Statement of Rights
  • how funding for a given purpose is spent
  • pets.

The committee was meant to deliver its final report on on 31 October, but applied for an extension that day until 4 November.

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Tags: aged care act, aged care bill 2024, senate commitee, Support at Home,

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