Bill
Aged Care Amendment (Implementing Care Reform) Bill 2022
passed, as at 2022-11-09. Health and Aged Care portfolio.
- Sponsor
- Not recorded
- Portfolio
- Health and Aged Care
Recorded stages
- introduced — 2022-07-27
- second reading — 2022-07-27
- second reading — 2022-09-07
- second reading — 2022-09-08
- second reading — 2022-09-08
- committee — 2022-09-08
- third reading — 2022-09-08
- introduced — 2022-09-26
- second reading — 2022-09-26
- second reading — 2022-10-27
- second reading — 2022-10-27
- committee — 2022-10-27
- third reading — 2022-10-27
- passed — 2022-10-27
- royal assent — 2022-11-09
Divisions
- The majority voted in favour of *disagreeing* with an [amendment](https://www.openaustralia.org.au/debate/?id=2022-09-07.23.1) to [another amendment](https://theyvoteforyou.org.au/divisions/representatives/2022-09-08/2) moved by Deputy Leader of the Opposition and Farrer MP [Sussan Ley](https://theyvoteforyou.org.au/people/representatives/farrer/sussan_ley) (Liberal). Because this motion passed, the amendment to the amendment failed and the original motion will remain unchanged. This amendment to the amendment was introduced by Mayo MP [Rebekha Sharkie](https://theyvoteforyou.org.au/people/representatives/mayo/rebekha_sharkie) (Centre Alliance), who [explained that](https://www.openaustralia.org.au/debate/?id=2022-09-07.23.1) her amendment: > *calls on the government to take into account ... that smaller and regional residential aged-care providers which are experiencing critical workforce shortages have flexibility.* ### Amendment to the amendment text > *That all words after "whilst" be omitted with a view to substituting the following words:* > > *"the House:* > > *(1) has concerns that the bulk of the substantive measures comprising the bill are to be detailed in subordinate rather than in primary legislation; and* > > *(2) calls on the Government to* > >> *(a) provide an opportunity to review the Quality of Care Principles, User Rights Principles and Information Principles proposed to be made under the Aged Care Act 1997;* >> >> *(b) include in the Quality of Care Principles under Schedule 2 criteria for the exercise of exemption powers which provide for smaller and regional providers taking into account critical workforce shortages among other considerations; and* >> >> *(c) specify in Information Principles under Schedule 3 financial and non-financial information of value to older Australians, their families and the community that must be published by the Secretary, including:* >> >>> *(i) expenditure on care, nursing, food, maintenance, cleaning and administ — 2022-09-08, House of Representatives: affirmative, ayes 70, noes 66
- The majority voted in favour of *disagreeing* with an [amendment](https://www.openaustralia.org.au/debate/?id=2022-09-07.21.3) to the usual second reading motion, "*that the bills be read a second time.*" To read a bill a [second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/) is to agree with its main idea. Because this vote to disagree was successful, the original motion will remain unchanged. This amendment as introduced by Deputy Leader of the Opposition and Farrer MP [Sussan Ley](https://theyvoteforyou.org.au/people/representatives/farrer/sussan_ley) (Liberal). ### Motion text > *That all words after "That" be omitted with a view to substituting the following words:* > > *"whilst not declining to give the bill a second reading, the House:* > > *(1) notes that, of the aged care providers who do not currently have a registered nurse on site, and on duty, at all times, 53% are based in regional and remote areas and 86% are small providers; and* > > *(2) calls on the Government to ensure that:* > >> *(a) when amending the Quality of Care Principles to make provision for an exemption to the new responsibility relating to registered nurses, the disproportionate impact on providers in regional and remote areas, especially small providers, is taken into account; and* >> >> *(b) further consideration of the bill is deferred until two sitting days after a draft of legislative instruments relating to the following matters are made available:* >>> >>> *(i) exemption from the responsibility related to registered nurses as proposed in section 54-1A of the bill; and* >>> >>> *(ii) information about aged care services that must be publicly available as proposed in section 86-10 of the bill".* — 2022-09-08, House of Representatives: affirmative, ayes 74, noes 62
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/debate/?id=2022-09-08.31.4) to *disagree* with an [amendment](https://www.openaustralia.org.au/debates/?id=2022-09-08.30.1) introduced by Mayo MP [Rebekha Sharkie](https://theyvoteforyou.org.au/people/representatives/mayo/rebekha_sharkie) (Centre Alliance), which means the amendment was unsuccessful. ### What is the amendment? Ms Sharkie [explained that](https://www.openaustralia.org.au/debates/?id=2022-09-08.30.1) the amendment: > *aims to supplement measures provided in schedule 2 of the bill. It does not limit matters which may be provided for in the User Rights Principles under the Aged Care Act. It does, however, specify that those principles should include a reasonable schedule of charges associated with the provision to care recipients of administration and management of care, services, and equipment.* The [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2223a/23bd004) explained that Schedule 2: > *will introduce a power enabling the Government to limit (cap) the fees that approved providers can apply to home care package recipients and remove the ability of approved providers to charge the care recipient an exit amount.* ### Amendment text > *(1) Schedule 2, item 1, page 5 (line 11), omit "recipient;", substitute:* > >> *recipient, including a schedule of reasonable charges associated with the provision of the following to the care recipient:* >> >> *(i) administration and management of care;* >> >> *(ii) services;* >> >> *(iii) equipment;* — 2022-09-08, House of Representatives: affirmative, ayes 76, noes 12
- The majority voted in favour of an [amendment](https://www.openaustralia.org.au/senate/?id=2022-10-27.4.2) to the usual second reading motion, which is *that the bill be read a second time*. To [read a bill for a second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/) is to agree with its main idea. The amendment was introduced by South Australian Senator [Anne Ruston](https://theyvoteforyou.org.au/people/senate/sa/anne_ruston) (Liberal). Note that second reading motions like this one do not make any actual legal changes but are rather more symbolic. That is, they represent the will of the Senate majority. ### Amendment text > *At the end of the motion, add ", but the Senate:* > > *(a) notes that, of the aged care providers who do not currently have a registered nurse on site, and on duty, at all times, 53% are based in regional and remote areas and 86% are small providers; and* > > *(b) calls on the Government to ensure that, when amending the Quality of Care Principles to make provision for an exemption to the new responsibility relating to registered nurses, the disproportionate impact on providers in regional and remote areas, especially small providers, is taken into account".* — 2022-10-27, Senate: affirmative, ayes 43, noes 20
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2022-10-27.10.1) to the usual second reading motion, which is *that the bill be read a second time.* To [read a bill for a second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/) is to agree with its main idea. The amendment was introduced by Victorian Senator [Janet Rice](https://theyvoteforyou.org.au/people/senate/victoria/janet_rice) (Greens). Note that second reading motions like this one do not make any actual legal changes but are rather more symbolic. That is, their purpose is to represent the will of the Senate majority. ### Motion text > *At the end of the motion, add ", but the Senate:* > > *(a) notes that:* > >> *(i) the [Royal Commission into Aged Care Quality and Safety](https://en.wikipedia.org/wiki/Royal_Commission_into_Aged_Care_Quality_and_Safety) called for the use of restrictive practices in aged care to be based on an independent expert assessment and be subject to ongoing reporting and monitoring, and* >> >> *(ii) a lack of legislative provisions to ensure aged care residents can access adequate and appropriate allied health services may reduce the level of care they receive, with clear implications for their health and wellbeing; and* > > *(b) urges the Government to ensure that its response to the Royal Commission includes urgent action to reduce the use of restrictive practices and to ensure that allied health care is appropriately funded".* — 2022-10-27, Senate: negative, ayes 13, noes 46
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2022-10-27.12.1) to the usual second reading motion, which is *that the bill be read a second time.* To [read a bill for a second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/) is to agree with its main idea. The amendment was introduced by West Australian Senator [Slade Brockman](https://theyvoteforyou.org.au/people/senate/wa/slade_brockman) (Liberal). Note that second reading motions like this one do not make any actual legal changes but are rather more symbolic. That is, their purpose is to represent the will of the Senate majority. ### Motion text > *At the end of the motion, add "and further consideration of the bill be made an order of the day for 2 sitting days after a draft of legislative instruments relating to both of the following matters are laid on the table:* > >> *(a) exemptions from the responsibility relating to registered nurses (proposed section 54-1A); and* >> >> *(b) information about aged care services that must be made publicly available (proposed section 86-10)".* — 2022-10-27, Senate: negative, ayes 30, noes 33
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2022-10-27.79.1) introduced by South Australian Senator [Anne Ruston](https://theyvoteforyou.org.au/people/senate/sa/anne_ruston) (Liberal), which means they failed. ### Amendment text > *(1) Schedule 1, item 2, page 4 (after line 5), at the end of paragraph 54-1A(4)(a), add:* > >> *(iii) in considering whether the provider has taken reasonable steps, the Secretary must consider whether the provider will undertake reasonable measures to provide the highest level of clinical care with the available workforce, which may include measures for the support of clinical care by enrolled nurses and through telehealth consultations with registered nurses (within the meaning of the Health Insurance Act 1973); and* > > *(2) Schedule 1, item 2, page 4 (after line 23), at the end of section 54-1A, add:* > >> *(6) In this section:* >> >> *en rolled nurse means a person who is registered under the National Law (within the meaning of the Health Insurance Act 1973) in the nursing profession as an enrolled nurse.* >> >> *telehealth consultation means a consultation conducted (other than in person) by videoconference, telephone or other technology.* — 2022-10-27, Senate: negative, ayes 30, noes 34
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2022-07-27.
This bill would change aged care rules to improve care quality and financial oversight.
It would require residential aged care providers to have a registered nurse on site at each facility seven days a week.
The government could cap what home care providers charge, and the health department secretary would publish service information.
- Creates a duty for approved residential care providers to ensure a registered nurse is present at each facility every day.
- Gives the government power to limit charges home care providers can impose on care recipients.
- Bans home care providers from charging exit fees.
- Requires the health department secretary to publish details about aged care services and providers.
Approved providers of residential and home care, care recipients, and the Department of Health and Aged Care.
Sources
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