The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 12:00, read prayers and made an acknowledgement of country.
That the Senate meet on Wednesday, 13 May and Thursday, 14 May 2020.
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment (Miscellaneous Measures) Bill 2019
US politicians have previously raised concerns about the idea of selling off fuel from the petroleum reserve to other countries. But the fact Australia's deal involves leasing facilities in the US—rather than shipping the oil directly to Australia—helped assuage some worries in Washington
Please outline the main steps in the process from Australia's request for access to the arrival in Australia of the fuel
What arrangements does the Australian government have in place to guarantee timely access to appropriate shipping to bring the fuel to Australia in an emergency?
This is subject to ongoing negotiations with the United States. Through these negotiations, Australia will ensure any deal represents the best possible outcomes for Australians.
With growing net imports, the ratio of stocks to net imports is likely to decline.
", but the Senate notes that:
(a) Australia's emissions from gas production has risen a staggering 621 per cent since 2005 to record high levels;
(b) the gas industry no longer pays for its emissions, and that regulatory attempts to require carbon abatement be purchased from farmers and land managers have been thwarted by the industry and their close financial and employment relationships with political parties; and
(c) letting gas companies pollute for free is denying new income streams for Australia's farmers struggling through a deep drought, exacerbated by the gas industry".
The Prime Minister was very strong on how there would be a snap back. They were his words. The economy would 'snap back' …
If people are in jobs, they don't need income support …
That the Senate take note of the answers given by the Minister for Finance (Senator Cormann) to questions without notice asked by Senators Wong and Gallagher today relating to COVID-19.
That the Senate take note of the answer given by the Minister for Families and Social Services (Senator Ruston) to a question without notice asked by Senator Siewert about the jobseeker payment.
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:
Aged Care Legislation (Emergency Leave) Bill 2020
Export Control Legislation Amendment (Certification of Narcotic Exports) Bill 2020
National Vocational Education and Training Regulator Amendment (Governance and Other Matters) Bill 2020
Privacy Amendment (Public Health Contact Information) Bill 2020
Superannuation Amendment (PSSAP Membership) Bill 2020
AGED CARE AMENDMENT (EMERGENCY LEAVE PROVISION) BILL
Purpose of the Bill
The purpose of this Bill to introduce a new emergency leave provision into the Aged Care Act 1997 (the Act), which will allow permanent residential aged care residents to take emergency leave above their current annual allocation of 52 days leave. The leave provision will be activated in situations such as pandemics, natural disasters or other extraordinary emergencies as determined by either the Minister for Aged Care and Senior Australians or the Secretary of the Department of Health. It is proposed that the emergency leave provision will be will be applied retrospectively to 1 April 2020, to ensure coverage for residents already impacted by the COVID-19 pandemic.
Reasons for Urgency
Aged care residents are entitled to take up to 52 days of non-hospital related leave (commonly known as social leave) within a financial year. At present, when an aged care resident exceeds their annual social leave entitlement, the aged care home no longer receives Australian Government residential care subsidy for that person, and the provider is able to pass those costs onto the resident.
As a result of the current COVID-19 pandemic a number of permanent residential aged care residents have temporarily relocated with family to reduce their risk of exposure to the virus. Residents are able to use their social leave entitlements for this purpose, however, if they take this option they would exhaust their leave entitlement before the end of the pandemic. The additional costs the resident would be expected to pay to remain on leave, and still retain their place at the aged care home, would result in a significant financial burden on them or their families.
To address this issue, the Government is seeking to amend the Act to introduce an emergency leave provision that can be utilized by permanent residential aged care residents. This will be through an emergency leave type (covering such things as natural disasters, pandemics or other emergencies impacting the safe provision of residential aged care.
Passage within this sitting will ensure that permanent residential aged care residents and their families are supported to make decisions about personal safety in emergency situations, and not suffer unnecessary financial burden during emergencies. It will also ensure that residential aged care providers are not financially disadvantaged.
These legislative amendments are a way to this address this issue, both with the current COVID-19 pandemic and future emergency situations, and it is therefore important to progress these changes urgently to ensure residents and their families are appropriately supported.
(Circulated by authority of the Minister for Aged Care and Senior Australians and Minister for Youth and Sport, Senator the Hon Richard Colbeck)
EXPORT CONTROL LEGISLATION AMENDMENT (CERTIFICATION OF NARCOTIC EXPORTS) BILL
Purpose of the Bill
The bill amends the Export Control Act 1982 andExport Control Act 2020 to ensure the legislative framework no longer excludes narcotic goods within the meaning of theCustoms Act 1901 . By doing so the bill:
Reasons for Urgency
Passage of the bill in the 2020 Winter sittings is required to ensure the lack of legislative authority to certify legitimate exports of narcotic goods, such as medicinal cannabis and hemp product exports, from Australia is resolved as soon as possible. Passage will enable the Department of Agriculture, Water and the Environment (the Department), which houses Australia's National Plant Protection Organisation to the International Plant Protection Convention, to bust congestion and immediately issue government certificates, such as phytosanitary (plant health) certificates, for legitimate exports of narcotic goods from Australia. Certification like this is required to accompany export consignments to satisfy the import requirements of overseas countries. The Department already provides similar certification for a range of other agricultural goods already regulated under the Export Control Acts.
In the absence of legislative authority to issue certification, the Department negotiates with overseas countries for acceptance of alternative ways to provide regulatory assurance on the nature, condition, or status of narcotic consignments. These negotiations and arrangements lead to lengthy delays or, where a request is rejected by an overseas country, a critical barrier to the legitimate export of narcotic goods from Australia. Recently, one such request relating to an export consignment of low-tetrahydrocannabinol (THC) hemp seeds was refused by an overseas trading partner.
The Commonwealth authorities for the regulation of exports of narcotic goods are the Department of Home Affairs and the Office of Drug Control, in the Department of Health. The bill ensures that Australia's reputation as a supplier of high quality, clean and green agriculture exports is supported, without undermining or duplicating the important regulatory function performed by the Office of Drug Control and the Department of Home Affairs. Both agencies have endorsed the solution to the existing regulatory barrier.
(Circulated by authority of the Minister for Agriculture, Drought and Emergency Management)
NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR AMENDMENT (GOVERNANCE AND OTHER MATTERS) BILL
Purpose of the Bill
The National Vocational Education and Training Regulator Amendment (Governance and Other Matters) Bill amends the National Vocational Education and Training Regulator Act 2011 (NVETR Act) to reform the Australian Skills Quality Authority's (ASQA) governance structure to ensure it is fit for purpose and aligned with changes to its regulatory practice. Changes to ASQA's governance would clarify its roles and responsibilities, improve accountability, achieve efficiency of resources, and improve focus on strategic direction and performance. The bill also contains amendments to improve information sharing under the NVETR Act.
Reasons for Urgency
The bill is urgent and requires passage in the 2020 Winter sitting period. Recent reviews have recommended improvements to the regulation of Australia's vocational education and training system.
(Circulated by authority of the Minister for Employment, Skills, Small and Family Business)
PRIVACY AMENDMENT (PUBLIC HEALTH CONTACT INFORMATION) BILL
Purpose of the Bill
The Privacy Amendment (Public Health Contact Information) Bill (the Bill) formalises the interim privacy protections that apply to the handling of data from the Australian Government's COVIDSafe contact tracing application (app data). These interim protections are contained in the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements–Public Health Contact Information) Determination 2020 (Biosecurity Determination). Interim protections to be formalised by the Bill include:
The Bill also includes provisions outlining the processes for:
The Bill will ensure that additional privacy protections and other safeguards apply until the COVIDSafe application is no longer available for use.
Reasons for Urgency
The Bill is required to be considered in the Winter sittings to prevent a gap in regulation between the operation of the Biosecurity Determination and this legislation. As the Biosecurity Determination was made under s 477 of the Biosecurity Act 2015 , it will cease to have effect upon the expiration of theBiosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 on 17 June 2020.
(Circulated by authority of the Attorney‑General)
SUPERANNUATION AMENDMENT (PSSAP MEMBERSHIP) BILL 2020
Purpose of the Bill
The Bill enables certain current and former Commonwealth employees and statutory office holders to continue to be, or to become, contributory members of the Public Sector Superannuation Accumulation Plan (PSSAP) that are currently not eligible to do so.
Reasons for Urgency
To allow eligible persons to avoid having to establish a second superannuation account in relation to their post-Commonwealth employment and thus avert incurring multiple fees that would eat into their retirement savings. This will assist members in managing their retirement savings during this current period of heightened instability in investment markets.
(Circulated by authority of the Minister for Finance)
That leave of absence be granted to Senator Duniam, Senator McLachlan and Senator Molan for 12 to 14 May 2020 for personal reasons.
That leave of absence be granted to Senator O'Neill today for personal reasons and to Senators Brown, Dodson, Green, Polley and Sterle from 12 to 14 May 2020 for personal reasons.
That leave of absence be granted to Senator Steele-John from 12 to 14 May 2020 for personal reasons.
That the Senate—
(a) notes that:
(i) the Collins class submarines are a vital capability for Australia,
(ii) historically the Collins class had poor availability, at worst not one was available to go to sea,
(iii) after a significant commitment of resources, and more than half a decade, submarine sustainment has improved, now achieving world benchmarks,
(iv) the current sustainment model works, and
(v) there is a proposal before Government to disrupt the sustainment model and move Full Cycle Dockings from South Australia (SA) to Western Australia which would:
(A) result in a huge loss of corporate knowledge from Australia's submarine sustainment organisation,
(B) inject significant challenges and risk into submarine sustainment,
(C) reduce submarine availability, thereby damaging national security, and
(D) achieve at best the current performance, and thus cannot represent value for money; and
(b) calls on the Federal Government to:
(i) recognise the success of the current sustainment model, and
(ii) continue the current sustainment model, retaining all Collins class submarine Full Cycle Docking activities in SA.
That so much of the standing orders be suspended as would prevent me moving the amendment as a motion.
Omit subparagraphs (a)(ii), (iv) and (v) and paragraph (b), substitute:
(a)(iv) recognises the demonstrated skills and expertise of the existing Collins Class submarine sustainment workforce,
(v) notes the Government's statement that a decision on future full cycle docking arrangements is yet to be made and that it will be made in the national interest; and
(b) agrees that future full cycle docking arrangements for Collins Class submarines must best guarantee optimal ongoing availability of our nation's submarine capability throughout the transition to the fleet of twelve new Attack Class submarines.
(1) That there be laid on the table by the Minister for Finance, by no later than 30 April of each calendar year:
(a) all reports and correspondence received by the Minister for Finance under paragraph 4.12 of the Commonwealth Grants Rules and Guidelines 2017 during the preceding calendar year (noting that the Guidelines do not apply to all grant administrators, including not applying to the allocation of funding by Sports Australia under the Community Sport Infrastructure Grants program ('Sports Rorts')); and
(b) a summary of the decisions reported under paragraph 4.12 of the Commonwealth Grant Rules and Guidelines 2017, including the Central Budget Management System program title, sub-program, grant activity, grantee, total grant value, grant funding location, postcode, and a brief statement of reason for the decision.
(2) If the Senate is not sitting when the documents are ready for presentation, the documents are to be presented to the President under standing order 166.
(3) This order is of continuing effect.
That the Senate—
(a) notes that:
(i) Australia is a nation of migrants – it is a part of our national identity, and the migrant story is our Australian story,
(ii) Australians have welcomed people from every corner of the globe and we have grown stronger together because new Australians have moved here, settled down, raised families, started businesses, and enriched our culture and our economy,
(iii) Australia celebrates the generations of migrants who have made the international leap of faith,
(iv) under the Morrison Government, we are seeing a change in our nation – one built by permanent migrants – to an economy reliant on temporary migrants,
(v) this shift is changing Australia, for the worse, and it is happening without most Australians even realising,
(vi) the Liberal National Government asked the Productivity Commission to examine the migrant intake into Australia in March 2015,
(vii) the Productivity Commission delivered over 700 pages of analysis and assessment in its Migrant Intake into Australia Report to then-Liberal National Government Treasurer Mr Scott Morrison in April 2016, and
(viii) neither Mr Morrison, nor the Government ever responded to this crucial work; and
(b) condemns the Morrison Government for their failure to:
(i) respond to the Productivity Commission Report examining the Migrant Intake into Australia, and
(ii) action any of the recommendations from the Productivity Commission Report.
Fair Work Amendment (COVID-19) Bill 2020
That the following bill be introduced: A Bill for an Act to amend the Fair Work Act 2009 , and for related purposes.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The Fair Work Amendment (COVID-19) Bill 2020 is the Australian Greens’ bill that looks to protect all workers during the unprecedented crisis of the COVID-19 pandemic.
We are living through unprecedented times. COVID-19 is drastically changing our way of life. This is a global health crisis, with no one left untouched by its impacts. It’s a difficult time for all of us.
But this isn’t just a health crisis. This is a crisis that touches every aspect of our life—our wellbeing, our economy, our society and our day-to-day lives. As our country has taken the necessary public health responses to this evolving situation, it is predicted that between 14 to 26 per cent of workers could lose their jobs. Whilst JobKeeper provides some support, many people in precarious work, casual employment or on a temporary working visa have been denied access to JobKeeper and many do not have paid leave to rely on. This makes them some of the most vulnerable workers in Australia.
We are on a cliff and we need the government to make sure that no one falls off. As we move towards relaxing restrictions and reopening businesses, we must make sure that we do so in a way that protects workers. This is our responsibility as elected members. This is what the bill I’m introducing today seeks to do.
This bill will provide 14 days of paid COVID-19 leave to all workers, including permanent, part-time, casual and gig economy workers. This leave will be available, in full, for each 12 month period, at the start of their employment. The leave will not accrue year to - year.
Paid COVID-19 leave will be available for workers in any of the following scenarios:
Paid COVID-19 leave is extended to gig economy workers/contractors via a COVID-19 leave order. Workers, unions and corporations can apply for a COVID-19 leave order. In circumstances where the Fair Work Commission is issuing a COVID-19 leave order, the Fair Work Commission must make a determination within two days of the application being made and the Fair Work Commission must make the order unless there are compelling reasons not to do so.
For employees other than casual employees, payment will be made at the base rate of pay for the employee’s ordinary hours of work in the period. For other workers, such as casuals and those in the gig economy, payment will be calculated at the daily rate of pay equal to the average of the daily rates of pay paid to the employee over the previous 12 month period.
This bill is a vital piece of legislation that will protect workers and protect the community. Every worker should be able to self-isolate when required without losing their income or their job, but right now, over 3.3 million Australians cannot access paid sick leave. This bill is about fairness.
This public health crisis has only further highlighted the precarious nature of casual employment, and the plight of those who work in casual employment and the gig economy who largely work without benefits such as paid leave, sick leave and other entitlements that are simply fundamental work rights. People should not be forced to choose between caring for their health and coming to work.
In these difficult times, or ever, it simply isn’t fair that so many Australians are missing out on vital paid leave, left to fend for themselves in this once in a century crisis. We must do everything we possibly can to leave no one behind. We must pass this bill and look after all workers.
We must emerge from this exceptionally difficult time as a society which has shown without doubt that we care for each other, for fairness, for equality.
This government must step in to support workers and their rights to fair conditions. When wages have been stagnant and the cost of living rising through the roof, it is absurd that this government denies support to workers who are facing weeks, if not months of under or unemployment, brought on by a global pandemic that few could have predicted.
The government needs to support Australia’s most vulnerable workers and provide a safety net to ensure that everyone has access to at least 14 days of paid leave.
The Prime Minister is abandoning casual and gig economy workers. This bill is the government’s chance to redeem themselves, stand up for working Australians and protect some of the most vulnerable during this difficult time.
This bill not only protects our workers, it also protects the wellbeing of our community and the economy and helps us to continue the important work of ‘flattening the curve’ in the interests of public health. It’s simple, when a worker has no access to paid leave, they are more likely to continue to work when they are unwell or experiencing symptoms of coronavirus. We must not push workers to the brink, many of whom have and will continue to be on the frontline and in some of the most precarious working conditions.
Deputy Chief Medical Officer Paul Kelly agreed with this logic last week stating that ‘there are a number of workplaces around Australia where there are disincentives for people to stay at home when they are sick and so that can be financial, it can be a workplace culture. I just want to make this very clear...people coming to work when they are sick put others at risk.'
If we want all Australians to follow best-practice medical advice, we need to ensure that by self-isolating we’re not forcing workers into a situation where they can’t afford to keep a roof over their head and food on the table. The widespread downturn and shut down of Australian businesses has caused millions of casual and gig economy workers to be pushed towards the poverty line. We must not stand by and let that continue to happen as we re-open.
The government must lead, support and reassure workers and their employers. Too many have been left behind. We need the government to step in and guarantee 14 days of paid COVID-19 leave to every worker, regardless of their visa status or if they are a member of the permanent, part-time, casual or gig economy workforce.
This bill will save lives. I call on the government to urgently make this bill law, for the sake our workers and the sake of our communities.
That the Senate—
(a) expresses its ongoing support for the implementation of the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse;
(b) acknowledges the pain and suffering of survivors of child sexual abuse;
(c) expresses its ongoing support for survivors of child sexual abuse; and
(d) encourages survivors to keep coming forward.
That the Senate—
(a) notes that:
(i) on 7 April 2020, the ARC Centre of Excellence for Coral Reef Studies released key findings from their aerial surveys of the Great Barrier Reef confirming that:
(A) the Great Barrier Reef has just experienced its fifth mass coral bleaching – the third in five years, and
(B) one quarter of reefs within the Great Barrier Reef Marine Park experienced severe coral bleaching over the past summer;
(ii) the recorded bleaching is the most widespread bleaching event on record having, for the first time, struck all three regions of the Great Barrier Reef – the northern, central and now the southern sectors,
(iii) the Great Barrier Reef supports approximately 64,000 jobs and generates $6.4 billion for the Australian economy annually,
(iv) United Nations scientific reports have confirmed that if global temperature rises by 1.5°C, 90 % of coral in the Great Barrier Reef will be lost, and if global temperature reaches 2.0°C, 100 % of coral will be lost, and
(v) without urgent action to reduce global emissions of greenhouse gases, the Great Barrier Reef will continue to suffer; and
(b) calls on the Federal Government to:
(i) implement a climate policy that accelerates actions to limit global warming to 1.5°C, and
(ii) take all necessary action to avoid the the United Nations Educational, Scientific and Cultural Organization World Heritage Committee needing to place the Great Barrier Reef on the World Heritage In Danger List.
That the Senate—
(a) notes that:
(i) successive governments have cut university funding, leaving the sector reliant on international student fees to fund education and research,
(ii) the Covid-19 crisis has highlighted how vulnerable the government has left our tertiary education system, and
(iii) the Government has allowed casualisation and insecure work to run rampant at universities, to the detriment of students' learning, staff well-being and research excellence; and
(b) calls on the Federal Government to: (i) end the funding freeze on Commonwealth supported places,
(ii) boost funding per-Commonwealth supported place student by 10%,
(iii) ensure universities are eligible for the JobKeeper scheme, and also provide a new package that will massively boost funding, save jobs and improve working conditions for staff, and
(iv) support international students through this crisis.
That so much of standing orders be suspended as would allow Senator Gallagher to make a statement of one minute.
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The new rate of Jobseeker Payment and Youth Allowance should be retained so that no one lives in poverty and we continue to stimulate the economy.
Quiz time. Of the roughly 200 nations in the world, which country's welfare state is best targeted to those in need?
If you answered 'Australia', then you're absolutely correct.
… Australia really does have a world-class social safety net.
… … …
Put simply, a dollar spent in the Australian social security system does more to reduce inequality than a dollar spent in any other welfare system in the world.
The committee recommends that once the Coronavirus Supplement is phased out, the Australian Government increase the JobSeeker Payment, Youth Allowance and Parenting Payment rates to ensure that all eligible recipients do not live in poverty.
With the ongoing China travel ban, I’m very sympathetic about the impact of tourism and farmers, but I’m less so with the universities.
That the Senate take note of the document.
That the Senate take note of the document.
Australian Government response to the Parliamentary Joint Committee on Human Rights report on the Quality of Care Amendment (Minimising the Use of Restraints) Principles 2019
March 2020
Introduction
The Australian Government welcomes the report of the Parliamentary Joint Committee on Human Rights on the Quality of Care Amendment (Minimising the Use of Restraints) Principles 2019.
The Government thanks the Committee for its work, and notes the concerns raised by the Committee, as well as submissions and evidence presented to the Committee from individuals and organisations with an interest in the use of restraints in residential aged care.
The Royal Commission on Aged Care Quality and Safety
The Royal Commission into Aged Care Quality and Safety (Royal Commission) was announced by the Prime Minister, the Hon Scott Morrison MP, on 16 September 2018 and established on 8 October 2018.
The Royal Commission is a vital step for Australia to understand how we can meet the challenges and the opportunities of delivering aged care services now and into the future.
On 31 October 2019, the Royal Commission released its Interim Report.
The Royal Commission highlighted the overuse of restraints in aged care, noting "while some providers strive to deliver restraint-free environments, there is both empirical and anecdotal evidence to show that the use of restraints is common in aged care"1; and "the 'drivers' behind the use of restrictive practices are complex and involve multiple factors across the aged care and health systems."2
The Interim Report made preliminary observations and identified areas for reform in relation to the use of restraints, including staff training, regular reviews of residents taking psychotropic medications, and publication of data on restraint use. The Royal Commission is likely to make recommendations on the use of restraints in its Final Report, due by 12 November 2020.
In response to the Interim Report, the Government elevated the Quality Use of Medicine and Medicine Safety to be a National Health Priority and allocated $35 million to fund initiatives aimed at minimising the use of restraints in residential aged care.
As the Royal Commission progresses its work, the Government continues to implement its rigorous reform program, including measures to minimise the use of restraints in residential aged care services.
Regulating restraint use in residential aged care
On 1 July 2019, the Government introduced regulatory requirements in relation to the use of restraints, set out in the Quality of Care Amendment (Minimising the Use of Restraints) Principles 2019 . These arrangements are set out in Part 4A of theQuality of Care Principles 2014 and, for the first time, put explicit obligations on residential aged care providers in respect of the use of restraints. The regulations impose restrictions on the use of restraints in residential aged care services. This is in addition to the restrictions imposed by other laws residential aged care providers are required to meet, including state and territory legislation and common law.
The regulatory changes require providers to satisfy a number of conditions before restraint can be used, including an assessment by an approved health practitioner (for physical restraint) or assessment by a medical practitioner or nurse practitioner who has prescribed the medication (for chemical restraint).
The residential aged care provider must also have the informed consent of the consumer or their representative before using physical restraint, unless restraint is necessary in an emergency. Providers are expected to note consent in the consumer's care plan.
Informed consent for the use of chemical restraint must be obtained by the prescribing medical practitioner or nurse practitioner before prescribing medicines, including psychotropics and benzodiazepines. This obligation is set out in the codes of conduct which apply to medical practitioners and nurse practitioners, and is regulated by the respective professional boards. Medical practitioners and nurse practitioners are also required to comply with relevant state and territory laws, including medicines and poisons legislation which governs the prescribing, dispensing and administration of scheduled medicines.
A decision to use restraint should be a strategy of last resort and any use of restraint must also be regularly monitored. Where restraint is used, it must be used for the minimum time necessary, and the need for the restraint must be reviewed.
Other regulatory requirements in relation to the use of restraints also took effect on
1 July 2019. These are addressed in the Quality of Care Principles 2014 through the Aged Care Quality Standards (Quality Standards), and theUser Rights Principles 2014 through the Charter of Aged Care Rights, made under theAged Care Act 1997 :
The Aged Care Quality and Safety Commission (Commission) assesses and monitors providers' performance against the Quality Standards. Sanctions may be imposed on residential care providers that do not meet their requirements under the Quality Standards.
In addition, the National Aged Care Mandatory Quality Indicator Program includes an indicator on the use of physical restraint, which was mandated for all Commonwealth subsidised residential aged care providers from 1 July 2019. All residential aged care services must collect and provide data to the Department of Health (Department) against the physical restraint quality indicator.
Strengthening regulation of restraint
The Quality of Care Amendment (Minimising the Use of Restraints) Principles 2019 has been the subject of significant interest, including issues in relation to human rights, informed consent for the use of chemical restraint, and whether it is appropriate to regulate these matters within delegated legislation.
The Government carefully considered concerns raised by the Parliamentary Joint Committee on Human Rights, and others, including suggestions for amendments to the regulations, and has taken action to further strengthen the regulation of restraint in residential aged care.
The intent of the legislation has always been that the use of restraint must be a measure of last resort, and in November 2019 the Government made amendments to the legislation to reflect this intent. The Quality of Care Amendment (Reviewing Restraints Principles) Principles 2019 commenced on 29 November 2019. Part 4A of theQuality of Care Principles 2014 now:
In addition, the Commission continues to give high priority to the issue of inappropriate use of physical and chemical restraint in its education and its regulatory activities. The Commission uses the full range of complementary functions under the Aged Care Quality and Safety Commission Act 2018 that enable the Commission to better manage risks and respond appropriately to instances of failure.
The Commission's regulatory activities include the use of risk screening questions about the use of physical and chemical restraint, which are asked at unannounced site visits, and re-accreditation audits. The implementation of the assessment methodology to support the consumer focus of the Quality Standards assists the Commission to assess provider's understanding of how the Quality Standards are being applied in practice, and if consumer outcomes are being managed and supported. For restraints, this specifically includes assessment of Standard 3, Personal and clinical care, Standard 7, Human Resources and Standard 8, Organisational Governance. Information received through complaints to the Commission further assists with planning provider quality assessments.
Non-regulatory activities to minimise the use of restraint
Minimising the use of restraint in residential aged care requires a multi-pronged approach. Regulatory and compliance measures are only part of the solution, with cultural change and effective clinical governance needed to drive reform.
The Australian Government Chief Medical Officer is chairing a Clinical Advisory Committee (Committee) which has considered non-regulatory activities to reduce the inappropriate use of chemical restraint in residential aged care. The Commission's Chief Clinical Advisor is a member of the Committee.
The Government has supported all of the Committee's recommendations for implementation and a program of work is now underway to address these, including:
This program of work promotes cultural change within the health and aged care sectors, which can best be achieved by a person-centred care approach. It complements the new regulations, which impose restrictions, safeguards and conditions on the use of restraint by residential aged care providers. Together, these measures work to protect the rights of vulnerable senior Australians receiving aged care service.
Other actions taken by the Government to minimise the use of physical and chemical restraint in residential aged care were announced as part of the 2019-20 Mid-Year Economic and Fiscal Outlook, in response to the Royal Commission's Interim Report. The response package included:
In addition, $7.7 million was allocated in the 2019-20 Budget to reduce the misuse of medicines in residential aged care by:
The Government is also looking at other mechanisms of aged care reform, including under the Serious Incident Response Scheme where a serious incident will be an alleged, suspected or actual occurrence of a range of categories of incident, one of which is proposed to be inappropriate physical or chemical restraint.
Recommendation 1
In light of the above concerns, the committee recommends, at a minimum, that:
The Australian Government supports in-principle this recommendation, which has been addressed through amendments to Part 4A of the Quality of Care Principles 2014 .
Part 4A now includes two notes that indicate the legal framework governing the responsibility for prescribers to gain informed consent prior to prescribing medicines, including psychotropics and benzodiazepines. The legal framework requires specified medical professionals to obtain informed consent before undertaking any examination, investigation or providing treatment. However, exemptions to this requirement apply for emergencies, for example if a person is experiencing an acute psychosis and there is an immediate risk of harm to the individual, or others. In such a situation, it may not be possible to obtain informed consent beforehand.
registration standards, codes and guidelines developed by a National Board are admissible in proceedings under the National Law.
In line with the provisions of the National Law, the MBA and NMBA have each published a code of conduct to set the professional expectations for their respective professions. The MBA's Good medicine practice: a code of conduct for doctors in Australia and the NMBA'sCode of conduct for nurses set the expectations of the MBA and NMBA for a range of topics including communication with patients and/or their carers; gaining informed consent; and the use of scheduled medicines.
The codes of conduct set out that informed consent must be obtained before carrying out a medical or health care examination or investigation, or providing treatment, noting this may not be possible in an emergency.
The codes of conduct require practitioners to comply with relevant legislation administered by states and territories, including medicines and poisons legislation which governs the prescribing, dispensing and administration of scheduled medicines.
Information about these laws is provided in the Explanatory Statement to the Principles, along with the relevant state and territory contacts where further information can be sought in each jurisdiction. States and territories have different legislative frameworks, which may be amended from time to time. Accordingly, the note included in the Quality of Care Principles 2014 cannot provide detailed information on the requirements in each jurisdiction. Therefore, prescribers and other health professionals should familiarise themselves with the requirements in the applicable state or territory and seek advice if necessary.
The decision to use chemical restraint in a residential aged care service is a clinical decision that must be made by a medical practitioner or nurse practitioner. A medical practitioner, nurse practitioner or registered nurse who has day-to-day understanding of the care recipient may make a decision in relation to the use of physical restraint. Except in an emergency to avoid harm to care recipients, all decisions to use restraint must be made in consultation with the care recipient or their legal representative where the care recipient is unable to give informed consent; and the use of restraint must only be considered after exhausting all reasonable alternative options.
Before a medical practitioner or nurse practitioner prescribes medication for the purposes of managing behaviours that cause concern, he or she must assess the care recipient as requiring the medication. During the assessment, the medical practitioner or nurse practitioner must satisfy themselves that other non- pharmacological methods have been tried to the fullest extent possible, and those methods have not been successful. The consumer must be experiencing symptoms which are likely to be alleviated by the proposed medication.
The medical practitioner or nurse practitioner would then make a clinical judgement. For example, some behaviours of concern do not respond to medications; therefore, it would not be appropriate to prescribe for these behaviours. However, for some behaviours, e.g. aggressive or psychotic behaviours associated with dementia, including people who have distressing hallucinations or delusions, medication can be of benefit.
All providers of residential aged care are required, under the Quality Standards (Quality Standards), to comply with relevant state or territory laws, including in relation to obtaining informed consent for the use of physical restraint when a care recipient is unable to consent because of any physical or mental incapacity.
In addition, a range of resources have been developed to support residential aged care providers understand appropriate use of chemical and physical restraint in residential aged care and support a restraint free environment:
o The Department has developed the Decision-Making Tool Kit – Supporting a restraint free environment in Residential Aged Care . The Commission will be reviewing and updating this guidance document in 2020.
o The Commission has developed a Self-Assessment Tool for Recording Consumers Receiving Psychotropic Medications that provides details of the type of information that the Commission will seek to review when undertaking assessments of aged care services against the Quality Standards, and as part of that, monitor how services are effectively overseeing the use of restraints. The tool will also support aged care services' continuous improvement of care and services in relation to use of restraints. The Commission wrote to all residential aged care providers in June 2019 with the Self-Assessment Tool.
o The Commission has also developed the Guidance and Resources for Providers to support the Aged Care Quality Standards (2019) booklet which contains information about minimising the use of restraint within both Standard 3 (Personal and Clinical Care) and Standard 8 (Organisational Governance). This tool contains reflective questions and examples of actions and evidence that providers can consider in demonstrating that restraint is only used as a last resort, is monitored and consent is provided. The tool also includes references to relevant resources and tools from the Department and Dementia Australia.
o The Commission has also released scenarios involving physical and/or chemical Restraint and a Regulatory Bulletin to help providers understand issues and their responsibilities around minimising the use of physical and chemical restraint.
Copies of these tools and further information is available on the Commission's website at: www.agedcarequality.gov.au/providers/assessment- processes/minimising-restraints-use
Recommendation 2
The committee also recommends that the minister undertakes extensive consultation with relevant stakeholders to work towards better regulating the use of restraints in residential aged care facilities, in particular including:
The Australian Government supports-in-principle this recommendation.
Amendments to Part 4A of the Quality of Care Principles 2014 now make it clear that the use of physical or chemical restraint must always be the last resort.
Part 4A also provides for a review of the operation of the regulatory arrangements to be conducted 12 months after their commencement. The review must consider the effectiveness of Part 4A in minimising the use of physical restraints and chemical restraints by approved providers of residential aged care in relation to consumers in the period 1 July 2019 to 30 June 2020.
The review must make provision for consultation. It is intended consultation will include engagement with a range of key stakeholders such as state and territory public guardians and public advocates, and state and territory tribunals which can appoint decision makers for consumers and/or give consent themselves.
It is also expected the review will consider concerns raised by the Parliamentary Joint Committee on Human Rights in its report, in addition to concerns raised by other individuals and groups, including consideration of the approach taken by the National Disability Insurance Scheme.
The review must be completed by 31 December 2020. A written report of the review must be prepared and include recommendations in regard to appropriate regulatory arrangements post 30 June 2021. A copy of the report must be published on the internet, and must also be tabled in each House of Parliament within 15 sitting days of that House after the report is given to the Minister.
With regard to reporting the use of restraints, to further improve clinical care in residential aged care, all Australian Government-subsidised residential aged care providers must comply with the National Aged Care Mandatory Quality Indicator Program from 1 July 2019, requiring residential aged care providers to collect and report data against three quality indicators: physical restraint, unplanned weight loss and pressure injuries. This is expected to contribute to reducing the use of physical restraint in residential aged care over time.
In parallel, under the 2019-20 Budget Measures More Choices for a Longer Life – Mandatory National Quality Indicators andReducing the Misuse of Medicines in Residential Aged Care , Government announced the development of new quality indicators including medication management.
The Department of Health (the Department) has engaged a PricewaterhouseCoopers (PwC)-led consortium with the University of Queensland and the Royal Australian College of General Practitioners to develop quality indicators relating to medication management. This process involves an evidence review, consultation with stakeholders, and piloting of the new quality indicators in early 2020. This includes piloting an indicator related to chemical restraint.
On conclusion of the work being undertaken by PwC, the Department will provide advice to Government that will inform the decision on which medication management quality indicators are to be included in the National Aged Care Mandatory Quality Indicator Program from 1 July 2021.
Dissenting Report
The Dissenting Members of the Parliamentary Joint Committee on Human Rights consider that, as currently drafted, the Quality of Care Amendment (Minimising the Use of Restraints) Principles 2019 engages and limits a number of human rights, and submitted a Dissenting Report.
In their report, the Dissenting Members made three recommendations.
Recommendation 1
The Quality of Care Amendment (Minimising the Use of Restraints) Principles 2019 should be disallowed.
The Australian Government notes this recommendation. Notices of motion to disallow the Quality of Care Amendment (Minimising the Use of Restraints) Principles 2019 were withdrawn.
Disallowance of the Quality of Care Amendment (Minimising the Use of Restraints) Principles 2019 would have meant the new requirements, which put explicit obligations on residential aged care providers in respect of the use of restraints, would no longer be in force.
Rather than supporting disallowance of the Principles, the Australian Government amended the Principles to incorporate amendments that could be implemented with immediate effect.
Recommendation 2
In the short term, urgently reintroduce a new instrument to ensure the provision of informed consent for the use of chemical restraints, reducing the use of restraints, oversight and effective reporting of the use of restraints.
The Australian Government supports-in-principle this recommendation. The Quality of Care Amendment (Minimising the Use of Restraints) Principles 2019 commenced on
29 November 2019, and amended Part 4A of the Quality of Care Principles 2019 . This instrument:
It is expected the review will consider concerns raised by the Dissenting Members in the Parliamentary Joint Committee on Human Rights Report.
Recommendation 3
A widespread consultation process should be implemented urgently to determine the best regulatory framework to protect residents of aged care facilities in the use of restraints.
The Australian Government supports-in-principle this recommendation and notes the amendments to Part 4A of the Quality of Care Principles 2014 include a review clause.
The review of the operation of Part 4A must consider the effectiveness of Part 4A in minimising the use of physical restraints and chemical restraints by approved providers of residential aged care in relation to consumers in the period 1 July 2019 to
30 June 2020.
The review must make provision for consultation. It is intended consultation will include engagement with a range of key stakeholders such as state and territory public guardians and public advocates.
The review and be completed by 31 December 2020. It is expected the review will make recommendations in regard to appropriate regulatory arrangements post 30 June 2021.
1 Royal Commission into Aged Care Quality and Safety, Interim Report, Volume 1, p.198
2 Royal Commission into Aged Care Quality and Safety, Interim Report, Volume 1, p.203
That the report be adopted.
Mr Chris Enright
Pursuant to Resolution 5(7)(b) of the Senate of 25 February 1988
Reply to speech by Senator Kitching
(27 November 2019)
In the Senate on 27 November 2019, without any evidence or supporting material, Senator Kimberley Kitching made a range of unfounded, personal and false allegations about me in my role as the Executive Director of the Registered Organisations Commission (ROC). Any person who has read or may read the relevant Hansard is unlikely to gain a balanced understanding of it in the absence of an explanation about the context of my previous interaction with Senator Kitching. To the extent there is any cogency about them, I entirely reject all of Senator Kitching's allegations.
The context of my previous interaction with Senator Kitching, relevant to her allegations, is that I personally investigated serious allegations about her misconduct in 2013 when I was the Director of the Regulatory Compliance of the Fair Work Commission (FWC). Specifically, I investigated a whistleblower disclosure that, among other things, in her former role as the General Manager of the Victoria No 1 Branch of the HSU, Ms Kitching facilitated officials and employees of the Branch making false declarations in order to fraudulently obtain right of entry (ROE) permits from the FWC. After comprehensively investigating these matters, I wrote to Ms Kitching in summary advising her that I proposed to find on the evidence that she had falsely completed on-line Right of Entry tests and had thereby facilitated officials and employees making false declarations in order to fraudulently obtain right of entry permits.
Rather than my making any formal findings, I instead requested that the President of the FWC re-allocate the ROE investigation to a member of the FWC Tribunal so that potential witnesses could give evidence and all parties could be legally represented. In 2014 and while relying on, among other things, my ROE investigation documents, TURC Commissioner Heydon found that Ms Kitching sat online right of entry tests for HSU officials.
Former VP Watson held hearings in 2014 and 2015 directly arising from my ROE investigation. He found that Ms Kitching had performed multiple right of entry tests for HSU officials and he revoked a number of fraudulently obtained entry permits. The decision of VP Watson was appealed to a Full Bench of the FWC who dismissed the appeal.
That the Senate take note of the report.
That the Senate take note of the report.
Coronavirus Economic Response Package (Payments and Benefits) Bill 2020
Coronavirus Economic Response Package Omnibus (Measures No. 2) Bill 2020
Appropriation Bill (No. 5) 2019-2020
Appropriation Bill (No. 6) 2019-2020
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment (Miscellaneous Measures) Bill 2019
We need competitive energy prices, particularly gas, to attract large-scale manufacturing like fertiliser and petrochemicals.
We have significant reserves of gas on the east coast that are not connected up. We have significant reserves in central Australia and significant reserves in Western Australia. There are options to connect our major demand centres with our major supply centres.
(1) Clause 2, page 3 (at the end of the table), add:
(2) Page 201 (after line 19), at the end of the Bill, add:
Schedule 5—Moratorium on drilling exploration in Great Australian Bight
Offshore Petroleum and Greenhouse Gas Storage Act 2006
1 Section 7
Insert:
Commonwealth Great Australian Bight area has the meaning given by Schedule 9.
2 After section 97
Insert:
97A Moratorium—drilling exploration in the Great Australian Bight
(1) A petroleum exploration permit may not be granted on or after the moratorium start day in respect of an area in the Commonwealth Great Australian Bight area.
(2) A petroleum exploration permit that is in force immediately before the moratorium start day ceases to have effect on and after that day.
(3) On and from the moratorium start day, nothing in this Act authorises or requires, or gives the power to authorise or require, any of the following:
(a) exploring for petroleum in the Commonwealth Great Australian Bight area;
(b) recovering petroleum in the Commonwealth Great Australian Bight area;
(c) carrying on operations, and executing works, in the Commonwealth Great Australian Bight area for those purposes.
(4) In this section:
moratorium start day means the day this section commences.
3 At the end of the Act
Add:
Schedule 9—Commonwealth Great Australian Bight area
Note: See the definition of Commonwealth Great Australian Bight area in section 7.
1Commonwealth Great Australian Bight area
The Commonwealth Great Australian Bight area is an area in the Southern Ocean bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.
(1) Clause 2, page 3 (at the end of the table), add:
[commencement]
(2) Page 201 (after line 19), at the end of the Bill, add:
Schedule 5—Duration of petroleum exploration permits
Part 1—Amendments
Offshore Petroleum and Greenhouse Gas Storage Act 2006
1 Section 7
Insert:
Commonwealth Great Australian Bight area has the meaning given by Schedule 9.
2 After section 102
Insert:
102A Duration of petroleum exploration permit—limit on extensions of permits relating to Commonwealth Great Australian Bight area
(1) This section applies to a petroleum exploration permit granted in respect of an area in the Commonwealth Great Australian Bight area.
(2) Despite the provisions of this Act that allow for the extension of the duration of a petroleum exploration permit, the period for which the petroleum exploration permit remains in force must not be extended under those provisions (whether by a single extension or by multiple extensions under one or more of those provisions) to remain in force for a period of more than 10 years beginning on the day the permit came into force.
Note: See notes 1 to 4A at the end of section 102 for the provisions about the extension of the duration of permits.
3 At the end of the Act
Add:
Schedule 9—Commonwealth Great Australian Bight area
Note: See the definition of Commonwealth Great Australian Bight area in section 7.
1 Commonwealth Great Australian Bight area
The Commonwealth Great Australian Bight area is an area in the Southern Ocean bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.
Part 2—Application and transitional provisions
4 Application provision
The amendments made by Part 1 of this Schedule apply in relation to the following:
(a) a petroleum exploration permit that is granted on or after the commencement of this Schedule;
(b) a petroleum exploration permit that:
(i) is in force immediately before the commencement of this Schedule; and
(ii) has not been in force at that time for a period of more than 10 years; and
(iii) has not, before that time, been granted an extension of the duration of the permit that would result in the permit remaining in force for a period of more than 10 years beginning on the day the permit came into force.
5 Transitional provision—petroleum exploration permit in force for more than 10 years
(1) This item applies in relation to a petroleum exploration permit that:
(a) is in force immediately before the commencement of this Schedule; and
(b) was granted in relation to an area in the Commonwealth Great Australian Bight area; and
(c) has been extended one or more times under one or more provisions of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 such that:
(i) the permit has been in force, when this Schedule commences, for a period of more than 10 years beginning on the day the permit came into force; or
(ii) the permit will, as a result of an extension granted before this Schedule commences, remain in force for a period of more than 10 years beginning on the day the permit came into force.
(2) On and after the commencement of this Schedule, the duration of the petroleum exploration permit must not be extended again under any of the provisions the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that would otherwise allow for the extension of the duration of the permit.
That these bills be now read a third time.
Telecommunications Legislation Amendment (Competition and Consumer) Bill 2019
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
By far the best option for funding any ongoing subsidy would be through consolidated revenue. Among other advantages, that would allow Parliament and the public to assess in an ongoing way the benefits of using taxpayer funds for this purpose rather than others. However, should that option not be adopted, the panel recommends that, if an ongoing subsidy is required and its minimum amount can be reliably determined, a single, annual, broad‐based industry levy, covering both voice and broadband services, be imposed to fund that subsidy. This would be similar to the current arrangements for the Universal Service Obligation (USO), which are outlined in Appendix 3.
We are going to need to rely on and boost competition to make sure that our fixed networks continue to upgrade and stay in tune with world developments.
… the provision of services to enterprise and government customers over non-NBN networks does not displace any NBN Co revenue or preclude NBN Co from making sufficient revenue from its metro connections to internally cross-subsidy the fixed wireless and satellite networks.
Once again Senator Keneally is not across the detail. The fact is the Coalition has acted on the Productivity Commission findings
The Government refutes Labor's claim that temporary migrants - students, New Zealanders, tourists - are changing Australia for the worse.
… China is actually setting a new standard for outbreak response.
It is no coincidence that its worst outbreaks in the Middle East and Europe have been in Iran and Italy; each is the regional anchor of China's Belt and Road initiative (BRI)—the 21st century version of the Silk Road.
… enrol extraordinary and unsustainably risky numbers of Chinese students.
We wanted a house that was built out of materials from the earth, we didn't want electricity in those days.
We were forerunners of the alternative lifestyle people, trying to build self-sufficiency and community in a cold, challenging place, far from services in a place where the greenies we became were often made to feel uncomfortable…
We came here because we could afford the land…and the property at Cabanandra had a river, a small area of cleared land and bush. I really don't think we thought through the impacts of the isolation: distance from shops, post-primary education and jobs. Partly to counter the social isolation, I was very keen on building a self-sufficient community at Cabanandra, and we set up the Warm Corners Cooperative which still thrives today.
It really was a thrilling time to be involved in global women's activism and Deb really lived the values of think globally and act locally. Ahead of her time in many respects making and living the links between gender, women's rights (or lack thereof) and climate care.
This morning our wonderful powerhouse mother Deb Foskey abruptly left her body and us behind for another place. Samara … and I are left reeling but are comforted to know she had a nurse with her, and she was conscious, aware and very ready.
After being helped back into bed she calmly told the nurse 'I’m just about ready now' before taking her final breathe.
… … …
We are so proud and grateful to have been your lucky daughters and know that you had to say goodbye to us to be with your beloved son Bran who you have been separated from these 34 years. We know the two of you are having a beautiful reunion and that he will look after you.
We love and remember you always and forever.