The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 09:00, made an acknowledgement of country and read prayers.
That the consideration of private senators' bills not proceed today.
That on Thursday, 21 November 2024—
(a) the hours of meeting be 9 am till adjournment;
(b) the routine of business be as follows:
(i) government business only,
(ii) at 11.15 am, petitions,
(iii) notices of motion,
(iv) postponement and rearrangement of business,
(v) formal motions,
(vi) at not later than 12.15 pm, government business only,
(vii) at 1.30 pm, statements pursuant to standing order 57(4),
(viii) at 2 pm, questions,
(ix) motions to take note of answers, and
(x) at 3.30 pm, government business only;
(c) divisions may take place after 4.30 pm for the purposes of the Aged Care Bill 2024;
(d) if consideration of the Aged Care Bill 2024 concludes before 6 pm—the Senate return to the routine of business; and
(e) if consideration of the Aged Care Bill 2024 concludes after 6 pm—the Senate adjourn without debate.
Aged Care Legislation Amendment Bill 2024
The Senate divided. [09:07]
(The President—Senator Lines)
At the end of the motion, add ", but the Senate:
(a) notes that:
(i) the Royal Commission into Aged Care Quality and Safety recommended that no person with disability under the age of 65 should remain living in residential aged care from 2025,
(ii) while the Government accepted this recommendation, this Bill works in direct opposition to the recommendation by formalising a pathway to place people under 65 in aged care,
(iii) there are 911 people aged under 65 in residential aged care who are NDIS participants who should be receiving the disability-specific supports they need to exit residential aged care; and
(b) calls on the Government to implement the recommendation of the Royal Commission and ensure no disabled person under the age of 65 remains living in residential aged care".
The Senate divided. [09:12]
(The President—Senator Lines)
At the end of the motion, add ", but the Senate calls on the Government to ensure that all recipients of aged care assistance, whether in a facility or in home care, are provided on a daily basis with adequate meals, in terms of quantity as well as quality, as determined by a qualified nutritionist".
At the end of the motion, add ", but the Senate:
(a) notes:
(i) there is a regulatory gap between traditional registered providers and platform providers,
(ii) currently, platform providers operate with far fewer obligations, creating significant risks to service quality and the safeguarding of older Australians,
(iii) the need to ensure platform providers operate with the same transparency and safety as traditional registered providers; and
(b) calls on the Government to ensure platform providers must:
(i) demonstrate to the Aged Care Quality and Safety Commission that they meet all of the strengthened Aged Care Quality Standards that apply to the service types they deliver and adhere directly to the Aged Care Code of Conduct,
(ii) be subject to regular and ongoing audits or compliance monitoring by the Aged Care Quality and Safety Commission,
(iii) directly comply with the Serious Incident Response Scheme (SIRS) and report directly to the Aged Care Quality and Safety Commission in line with the SIRS requirements".
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the Electoral Legislation Amendment (Electoral Reform) Bill 2024, allowing it to be considered during this period of sittings.
STATEMENT OF REASONS FOR INTROD U CTION AND PASSAGE IN THE 2024 SPRING SITTINGS
ELECTORAL LEGISLATION AMENDMENT (ELECTORAL REFORM) BILL
Purpose of the Bill
The objective of the proposed amendments to the Commonwealth Electoral Act 1918 and theReferendum (Machinery Provisions) Act 1984 is to support the integrity and transparency of Australia's electoral processes by:
Reasons for Urgency
The Bill is urgent as passage will be needed during the 2024 Spring sitting period in order to retain the option for relevant legislative changes to take effect and be implemented by the Australian Electoral Commission before the next election which must be held no later than 17 May 2025.
Selection of Bills Committee
REPORT NO. 13 OF 2024
MEMBERS OF THE COMMITTEE
Senator Anne Urquhart (Government Whip, Chair)
Senator Wendy Askew (Opposition Whip)
Senator Ross Cadell (The Nationals Whip)
Senator Pauline Hanson (Pauline Hanson's One Nation Whip)
Senator Jacqui Lambie (Jacqui Lambie Network Whip) Senator Nick McKim (Australian Greens Whip)
Senator Ralph Babet
Senator the Hon. Anthony Chisholm
Senator the Hon. Katy Gallagher
Senator Maria Kovacic
Senator Matt O'Sullivan
Senator Fatima Payman
Senator David Pocock
Senator Gerard Rennick
Senator Lidia Thorpe
Senator Tammy Tyrrell
Senator David Van
Secretary: Tim Bryant 02 6277 3020
1. The committee met in private session on Wednesday, 20 November 2024 at 7.14 pm.
2. The committee recommends that—
(a) the provisions of the Free TAFE Bill 2024 bereferred immediately to the Education and Employment Legislation Committee for inquiry and report by 27 February 2025 (see appendix 1 for a statement of reasons for referral);
(b) the provisions of the National Broadband Network Companies Amendment (Commitment to Public Ownership) Bill 2024 bereferred immediately to the Environment and Communications Legislation Committee for inquiry and report by 6 February 2025 (see appendix 2 for a statement of reasons for referral);
(c) the provisions of the Oversight Legislation Amendment (Robodebt Royal Commission Response and Other Measures) Bill 2024 bereferred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 30 January 2025 (see appendix 3 for a statement of reasons for referral);
(d) the provisions of the Scams Prevention Framework Bill 2024 bereferred immediately to the Economics Legislation Committee for inquiry and report by 30 January 2025 (see appendix 4 for a statement of reasons for referral); and
(e) the provisions of the Workplace Gender Equality Amendment (Setting Gender Equality Targets) Bill 2024 bereferred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 30 January 2025 (see appendix 5 for a statement of reasons for referral).
3. The committee recommends that the following bills not be referred to committees:
Help to Buy (Consequential Provisions) Bill 2023 [No. 2]
4. The committee deferred consideration of the following bills to its next meeting:
Electoral Legislation Amendment (Electoral Communications) Bill 2024
5. The committee considered the following bill but was unable to reach agreement:
(Anne Urquhart)
Chair
21 November 2024
Appendix 1
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Free TAFE Bill 2024
Reasons for referral/principal issues for consideration:
To allow the Committee to scrutinise this legislation.
Possible submissions or evidence from:
Interested parties and stakeholders.
Committee to which bill is to be referred:
Education and Employment Legislation Committee
Possible hearing date(s):
January 2025
Possible reporting date:
27 February 2025
(s igned )
Wendy Askew
Appendix 2
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
National Broadband Network Companies Amendment (Commitment to Public Ownership) Bill
Reasons for referral/principal issues for consideration:
To allow the Committee to scrutinise this legislation.
Possible submissions or evidence from:
Interested parties and stakeholders.
Committee to which bill is to be referred:
Environment and Communications Legislation Committee
Possible hearing date(s):
January 2025
Possible reporting date:
27 February 2025
(signed)
Wendy Askew
Appendix 3
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Oversight Legislation Amendment (Robodebt Royal Commission Response and Other Measures) Bill
Reasons for referral/principal issues for consideration:
To allow the Committee to scrutinise this legislation.
Possible submissions or evidence from:
Interested parties and stakeholders.
Committee to which bill is to be referred:
Legal and Constitutional Affairs Legislation Committee
Possible hearing date(s):
January 2025
Possible reporting date:
30 January 2025
(signed)
Wendy Askew
Appendix 4
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Scams Prevention Framework Bill 2024
Reasons for referral/principal issues for consideration:
To allow the Committee to scrutinise this legislation.
Possible submissions or evidence from:
Interested parties and stakeholders.
Committee to which bill is to be referred:
Economics Legislation Committee
Possible hearing date(s):
January 2025
Possible reporting date:
17 February 2025
(signed)
Wendy Askew
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Scams Prevention Framework Bill 2024
Reasons for referra1/principal issues for consideration:
To examine the Bill in more detail and hear from stakeholders
Possible submissions or evidence from:
Committee to which bill is to be referred:
Economics Legislation Committee
Possible hearing date(s):
Possible reporting date:
23 January, 2025
(signed)
Nick McKim
Appendix 5
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Workplace Gender Equality Amendment (Setting Gender Equality Targets) Bill
Reasons for referral/principal issues for consideration:
To allow the Committee to scrutinise this legislation.
Possible submissions or evidence from:
Interested parties and stakeholders.
Committee to which bill is to be referred:
Finance and Public Administration Legislation Committee
Possible hearing date(s):
January 2025
Possible reporting date:
30 January 2025
(signed)
Wendy Askew
That the report be adopted.
At the end of the motion, add: ", and the provisions of the Online Safety Amendment (Social Media Minimum Age) Bill 2024 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 26 November 2024".
Omit "26 November 2024", substitute "3 February 2025".
The Senate divided. [11:52]
(The President—Senator Lines)
At the end of the motion, add:
"but, in respect of the Electoral Legislation Amendment (Electoral Reform) Bill 2024 and Electoral Legislation Amendment (Electoral Communications) Bill 2024, the provisions of the bills be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 3 February 2025".
The Senate divided. [11:56]
(The President—Senator Lines)
At the end of the motion, add:
"(c) the Online Safety Amendment (Social Media Minimum Age) Bill 2024, the provisions of the bill be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 28 November 2024".
The Senate divided. [11:59]
(The President—Senator Lines)
At the end of the motion, add:
"but, in respect of
(a) the Electoral Legislation Amendment (Electoral Reform) Bill 2024, the provisions of the bill be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 3 March 2025; and
(b) the provisions of the Scams Prevention Framework Bill 2024, the Economics Legislation Committee report by 3 February 2025."
The Senate divided. [12:03]
(The Deputy President—Senator McLachlan)
That general business notice of motion no. 689 be considered during general business today.
That leave of absence be granted to Senator Brockman for 21 November to 28 November 2024 for personal reasons.
That leave of absence be granted to the following senators for personal reasons:
(a) Senator Allman-Payne from 18 November to 21 November 2024; and
(b) Senator Hanson-Young for 20 November 2024.
That the following matter be referred to the Procedure Committee for inquiry and report by 13 February 2025:
Amending standing order 72(4) to ensure the allocation of opportunities to move to take note of answers is fair and proportionate to the representation of each party and independent senator.
That the following matter be referred to the Standing Committee on Appropriations, Staffing and Security for inquiry and report by 28 February 2025:
The resourcing and staffing of the Clerk Assistant (Procedure) Office and the Parliamentary Library to support non-government senators to prepare amendments and private senators' bills as well as provide advice and other relevant information.
That, in accordance with subsection 10B(2) of the Health Insurance Act 1973 , the Senate approves the Health Insurance (Extended Medicare Safety Net) Amendment (Indexation) Determination 2024, made under subsection 10B(1) of the Act on 12 November 2024.
That the time for the presentation of the report of the Select Committee on the Tasmanian Freight Equalisation Scheme be extended to 20 December 2024.
That there be laid on the table by the Minister representing the Treasurer, by no later than midday on Tuesday, 26 November 2024, the following:
(a) any briefs prepared by the General Counsel of the Australian Prudential Regulation Authority (APRA) for the APRA Executive in relation to operation of section 56 of the Superannuation Industry (Supervision) Act 1993 (SIS Act) since December 2020;
(b) any briefs prepared by the General Counsel of APRA for the APRA executive in relation to APRA's appearance in legal proceedings brought by superannuation trustees seeking the advice of the court on trust deed changes relating to amendments to section 56 of the SIS Act; and
(c) any submissions made by APRA to a supreme court of any state or territory as part of legal proceedings brought by superannuation trustees seeking the advice of the court on trust deed changes relating to amendments to section 56 of the SIS Act.
The Senate divided. [12:16]
(The Deputy President—Senator McLachlan)
Aged Care Bill 2024
(1) Clause 7, page 15 (line 10), omit the definition of decision-making supporter .
(2) Clause 7, page 28 (after line 16), at the end of paragraph (a) of the definition of serious injury or illness , add:
(ix) a serious wound or pressure injury; or
(3) Clause 11, page 36 (lines 18 to 20), omit subclause (2), substitute:
(2) A registered provider means an entity that:
(a) is registered as a registered provider (whether under paragraph 105(1)(a) or because of a renewal under paragraph 108(1)(a), or because of a determination made by the System Governor under subsection 117(1)); and
(b) the registration period has not ended; and
(c) that registration has not been revoked under a provision of Part 3 of Chapter 3.
Note: A registered provider's registration is not in effect while suspended: see section 130. This means most provisions of this Act still apply to the registered provider unless a provision expressly requires that the registered provider's registration is in effect for the provision to apply.
(4) Clause 11, page 36 (line 28), after "provider", insert "to deliver funded aged care services".
(5) Clause 11, page 37 (line 11), omit "Despite subsection (4), an", substitute "An".
(6) Clause 12, page 37 (line 33), before "any", insert "if the registered provider is not a government entity—".
(7) Clause 12, page 38 (line 1), before "any", insert "if the registered provider is not a government entity—".
(8) Clause 12, page 38 (line 4), before "if", insert "for any registered provider (including a government entity)—".
(9) Clause 12, page 38 (line 13), after "operations", insert "of an approved residential care home or service delivery branch".
(10) Clause 20, page 44 (lines 31 to 34), omit subparagraph (c)(v), substitute:
(v) supporting the improvement of the individual's wellbeing, independence, autonomy and physical and cognitive capacity through reablement approaches, where the individual chooses to, including by keeping the individual mobile and engaged if they are living in an approved residential care home;
(11) Clause 20, page 45 (line 19), omit "requested", substitute "required".
(12) Clause 20, page 45 (line 25), at the end of paragraph (c), add:
; (xiii) the delivery of high quality nursing services by sufficient numbers of qualified and experienced direct care staff members.
(13) Clause 24, page 50 (after line 18), at the end of the clause, add:
Note: However, it is a condition of registration for certain registered providers that a registered provider must demonstrate understanding of the Statement of Rights and have in place practices to ensure that the provider acts compatiblywith the Statement of Rights: see subsection 144(1). A person may make a complaint to the Complaints Commissioner about a registered provider acting in a way that is incompatible with the Statement of Rights: see section 358.
(14) Clause 25, page 51 (line 22), after "decision-making", insert ", or be supported (if necessary) to make or communicate decisions,".
(15) Clause 25, page 51 (line 23), after "accesses", insert "to ensure the individual's will and preferences are respected".
(16) Clause 27, page 56 (line 3) to page 57 (line 17), omit the clause, substitute:
27 Actions of supporters
A supporter of an individual may, with the consent of the individual, do any of the following to support the individual to do a thing under, or for the purposes of, this Act (other than Part 5 of Chapter 4 of this Act):
(a) request, access or receive information or documents;
(b) communicate information, including the will, preferences and decisions of the individual;
(c) a thing, other than making a decision on behalf of the individual, prescribed by the rules.
Note 1: If there is more than one supporter of an individual, the supporters may do a thing jointly and severally: see subsection 37(3).
Note 2: For the provisions about how supporters are registered, see Division 3.
(17) Clause 28, page 57 (lines 19 to 25), omit subclause (1), substitute:
(1) A person must not do any thing on behalf of an individual that may or must be done by the individual under, or for the purposes of, this Act unless the person is a person covered by subsection (2) who is, by reason of being such a person, authorised to do the thing on behalf of the individual.
(18) Clause 29, page 58 (lines 9 to 12), omit paragraph (1)(b), substitute:
(b) regardless of whether the individual has consented—to a supporter of the individual if the supporter is a person covered by subsection 28(2).
(19) Clause 29, page 58 (lines 13 to 15), omit subclause (2).
(20) Clause 30, page 59 (lines 1 and 2), omit paragraph (1)(d).
(21) Heading to subclause 30(2), page 59 (line 4), omit the heading.
(22) Clause 30, page 59 (line 15) to page 60 (line 27), omit subclauses (3) to (5).
(23) Clause 37, page 64 (lines 6 to 15), omit subclause (2), substitute:
(2) The registration may be made on the request of a person (including the individual) or body.
(24) Clause 37, page 65 (line 11), at the end of subparagraph (6)(b)(ii), add "and".
(25) Clause 37, page 65 (lines 12 to 14), omit subparagraph (6)(b)(iii).
(26) Clause 39, page 66 (lines 3 to 11), omit subclause (1), substitute:
(1) If the System Governor registers a person under subsection 37(1) to be a supporter of an individual in the circumstance set out in subparagraph 37(6)(b)(i), the System Governor must give written notice of the registration to the following:
(a) the supporter;
(b) the individual.
Note: An individual is not required to consent to the registration of a person as a supporter of the individual in the circumstances set out in subparagraph 37(6)(b)(i).
(27) Division 4, clauses 43 to 48, page 68 (line 1) to page 71 (line 19), to be opposed.
(28) Clause 49, page 73 (line 8), omit "referred to in", substitute "covered by".
(29) Clause 49, page 73 (lines 13 to 19), omit subclause (4), substitute:
(4) While a person's registration as a supporter of an individual is suspended, the registration has no effect for the purposes of this Act.
(30) Clause 52, page 74 (line 31), after "written", insert "or verbal".
(31) Clause 53, page 75 (line 8), omit "if the supporter is not a decision-making supporter", substitute "if the supporter is not a person covered by subsection 28(2)".
(32) Clause 53, page 75 (line 10), omit "if the supporter is a decision-making supporter", substitute "if the supporter is a person covered by subsection 28(2)".
(33) Clause 53, page 75 (lines 12 to 21), omit subclauses (2) and (3), substitute:
(2) Before the System Governor decides whether to cancel the registration of a person as a supporter of an individual under paragraph (1)(b), the System Governor must give written notice of the individual's request to the supporter.
(3) The notice under subsection (2) must:
(a) be given as soon as practicable after the request is received by the System Governor; and
(b) provide that the supporter may give the System Governor, within 28 days after the day the notice is given, a statement setting out the reasons why the person's registration as a supporter of the individual should not be cancelled.
(3A) The System Governor must make the decision within:
(a) if the supporter is given a notice under subsection (2) and gives the System Governor a statement referred to in paragraph (3)(b) within the 28-day period—14 days after receiving the statement; or
(b) if the supporter is given a notice under subsection (2) but does not give the System Governor a statement referred to in paragraph (3)(b) within the 28-day period—14 days after the end of that 28-day period; or
(c) otherwise—28 days after receiving the request.
(34) Clause 62, page 82 (after line 10), at the end of the clause, add:
(3) When undertaking the aged care needs assessment, the approved needs assessor must:
(a) consider the individual's rights mentioned in subsection 23(1) (independence, autonomy, empowerment and freedom of choice); and
(b) to the extent possible, make the individual aware of, support them to understand, and empower them to exercise, the individual's rights under the Statement of Rights; and
(c) involve the individual's carer, family member, advocate or other person in the discussions mentioned in subsection (2), if that is the individual's will and preference.
(35) Clause 93, page 111 (line 8), omit "may prescribe", substitute "must prescribe, if relevant,".
(36) Clause 130, page 143 (lines 26 to 30), omit the clause, substitute:
130 Effect of registration while suspended
If an entity's registration as a registered provider is suspended for a period under section 129, the entity's registration is taken not to be in effect for that period.
Note: This means the registered provider will not be eligible for funding under Chapter 4.
(37) Clause 144, page 158 (lines 9 to 12), omit paragraph (1)(b), substitute:
(b) have in place practices to ensure that the provider acts compatibly with the Statement of Rights, in accordance with subsection 24(2) (acting compatibly with the Statement of Rights).
(38) Clause 163, page 171 (line 31), after "if", insert ", before 1 December 2026".
(39) Clause 169, page 177 (line 30), omit "individual", substitute "person".
(40) Clause 180, page 187 (line 28), omit "(other than a person referred to in subparagraph 12(1)(c)(ii))", substitute "under paragraph 12(1)(a) or (b)".
(41) Clause 197, page 207 (after line 15), at the end of the clause, add:
(4) Without limiting subsection (2), the circumstances prescribed by the rules as circumstances in which the fee reduction supplement will apply to an individual for a day must include circumstances that involve financial hardship.
(42) Clause 211, page 217 (after line 11), after subclause (1), insert:
(1A) Without limiting subsection (1), rules made for the purposes of that subsection may provide that the System Governor may determine the account period for the individual in accordance with the rules.
(43) Clause 211, page 217 (after line 29), after subclause (4A), insert:
(4B) Without limiting subsection (4A), rules made for the purposes of that subsection may provide that the System Governor may determine the amount for the individual in accordance with the rules.
(44) Clause 214, page 220 (after line 15), at the end of the clause, add:
(4) Without limiting subsection (2), the circumstances prescribed by the rules as circumstances in which the fee reduction supplement will apply to an individual for a day must include circumstances that involve financial hardship.
(45) Clause 220, page 225 (after line 10), after subclause (1), insert:
(1A) Without limiting subsection (1), rules made for the purposes of that subsection may provide that the System Governor may determine the account period for the individual in accordance with the rules.
(46) Clause 223, page 228 (after line 3), at the end of the clause, add:
(4) Without limiting subsection (2), the circumstances prescribed by the rules as circumstances in which the fee reduction supplement will apply to an individual for a day must include circumstances that involve financial hardship.
(47) Clause 231, page 241 (after line 3), at the end of the clause, add:
(4) Without limiting subsection (2), the circumstances prescribed by the rules as circumstances in which the fee reduction supplement will apply to an individual for a day must include circumstances that involve financial hardship.
(48) Clause 268, page 267 (lines 22 to 24), omit subclause (1), substitute:
(1) The rules may make provision for, or in relation to, a code of conduct that applies to persons or bodies:
(a) to whom money may be payable under an arrangement made under subsection 265(1); or
(b) who receive a grant of financial assistance made under subsection 265(1).
(49) Clause 314, page 310 (line 12), omit "decision", substitute "determination".
(50) Heading to clause 343, page 353 (line 5), after "persons", insert "or bodies".
(51) Clause 343, page 353 (line 6), after "person", insert "or body".
(52) Clause 343, page 353 (line 8), after "person", insert "or body".
(53) Clause 343, page 353 (line 11), after "person", insert "or body".
(54) Clause 375, page 374 (line 16), after "Minister", insert ", the Complaints Commissioner".
(55) Clause 405, page 398 (lines 1 to 9), to be opposed.
(56) Heading to Part 5, page 420 (line 1), omit "monitoring and".
(57) Clause 435, page 420 (lines 6 to 7), omit "sections 405 and", substitute "section".
(58) Clause 436, page 420 (after line 10), before subclause (1), insert:
(1A) This section applies if an authorised person exercises investigation powers under Part 3 of the Regulatory Powers Act in relation to premises entered under an investigation warrant for the purposes of this Act.
(59) Clause 437, page 422 (after line 5), before subclause (1), insert:
(1A) This section applies if an authorised person exercises investigation powers under Part 3 of the Regulatory Powers Act in relation to premises for the purposes of this Act.
(60) Clause 438, page 423 (after line 7), before subclause (1), insert:
(1A) This section applies if an authorised person exercises investigation powers under Part 3 of the Regulatory Powers Act in relation to premises for the purposes of this Act.
(61) Page 429 (after line 11), at the end of Division 2, add:
445A Amount of penalty for serious failures to comply with registered provider duty
Despite subsection 82(5) of the Regulatory Powers Act:
(a) the pecuniary penalty for a contravention of subsection 179(3) of this Act must not be more than the applicable pecuniary penalty specified in that subsection; and
(b) the pecuniary penalty for a contravention of subsection 179(5) of this Act must not be more than the applicable pecuniary penalty specified in that subsection.
(62) Clause 537, page 496 (line 6), omit "If", substitute "Subject to subsection (9A), if".
(63) Clause 537, page 496 (after line 8), after subclause (9), insert:
(9A) The relevant information used or disclosed by the person must be de-identified if:
(a) it is appropriate in the circumstances to de-identify the relevant information; and
(b) de-identifying the relevant information does not prevent the person from fulfilling the purpose for which the information was disclosed to the person.
(65) Clause 555, page 514 (lines 10 to 11), omit paragraph (c).
(66) Clause 557, page 519 (table items 3 and 4), omit the table items.
(67) Clause 569, page 533 (line 19), omit "Subdivision B of Division 2 of Part 5 of Chapter 4", substitute "Part 5 of Chapter 4 (means testing)".
(68) Clause 569, page 533 (line 22), omit "Subdivision B of Division 2 of".
(69) Clause 569, page 533 (lines 23 to 25), omit the note.
(70) Clause 570, page 534 (line 13), omit "Subdivisions B and C of Division 2 of Part 5 of Chapter 4", substitute "Part 5 of Chapter 4 (means testing)".
(71) Clause 570, page 534 (line 16), omit "Subdivisions B and C of Division 2 of".
(72) Clause 570, page 534 (lines 17 to 20), omit the note.
(73) Clause 571, page 535 (before line 7), before paragraph (1)(a), insert:
(aa) the System Governor's powers and functions under Division 1 of Part 5 of Chapter 4 (means testing in a home or community setting); or
(74) Clause 571, page 535 (line 8), after "Chapter 4", insert "(value of an individual's assets)".
(75) Clause 571, page 535 (lines 9 to 11), omit paragraph (1)(b), substitute:
(b) the System Governor's powers and functions under Part 2 of this Chapter relating to reconsidering decisions under:
(i) Division 1 of Part 5 of Chapter 4; or
(ii) Subdivision C of Division 2 of Part 5 of Chapter 4.
(76) Clause 571, page 535 (lines 12 to 14), omit the note.
(77) Clause 572, page 535 (before line 31), before paragraph (1)(a), insert:
(aa) the System Governor's powers and functions under Division 1 of Part 5 of Chapter 4 (means testing in a home or community setting); or
(78) Clause 572, page 535 (line 32), after "Chapter 4", insert "(individual's total assessable income)".
(79) Clause 572, page 536 (lines 1 to 3), omit paragraph (1)(b), substitute:
(b) the System Governor's powers and functions under Part 2 of this Chapter relating to reconsidering decisions under:
(i) Division 1 of Part 5 of Chapter 4; or
(ii) Subdivision B of Division 2 of Part 5 of Chapter 4.
(80) Clause 572, page 536 (lines 4 to 6), omit the note.
(81) Clause 573, page 536 (before line 30), before paragraph (1)(a), insert:
(aa) the System Governor's powers and functions under Division 1 of Part 5 of Chapter 4 (means testing in a home or community setting); or
(82) Clause 573, page 536 (line 31), after "Chapter 4", insert "(individual's total assessable income)".
(83) Clause 573, page 537 (line 2), after "Chapter 4", insert "(grants)".
(84) Clause 573, page 537 (line 3), omit "sections".
(85) Clause 573, page 537 (before line 6), before subparagraph (1)(c)(i), insert:
(ia) Division 1 of Part 5 of Chapter 4;
(86) Clause 573, page 537 (lines 8 to 11), omit the notes.
(87) Heading to subclause 575(2), page 539 (line 6), at the end of the heading, add " to staff of the Commission ".
(88) Clause 575, page 539 (after line 10), at the end of the clause, add:
Subdelegation to holders of specified non-SES offices or positions
(3) Before subdelegating a function or power under subsection (2) to an APS employee holding, occupying, or performing the duties of a specified office or position that is not an SES office or position, the Complaints Commissioner must have regard to whether the office or position is sufficiently senior for the employee to perform the function or exercise the power.
Subdelegation to consultants
(4) If, under subsection (1), the Commissioner delegates a power or function to the Complaints Commissioner, the Complaints Commissioner may, in writing, subdelegate the power or function to a consultant engaged under section 371.
(5) Before subdelegating a function or power under subsection (4) to a person, the Complaints Commissioner must have regard to whether the person has appropriate qualifications or expertise to perform the function or exercise the power.
(89) Clause 599, page 558 (after line 9), after paragraph (2)(a), insert:
(aa) the extent of funded aged care services accessed by individuals from different locations and with different backgrounds and life experience;
(90) Page 558 (after line 29), after clause 600, insert:
600A Review of accommodation pricing
(1) The Minister must cause an independent review of accommodation pricing under this Act to be conducted.
(2) The persons who conduct the review must give the Minister a written report of the review.
(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament no later than 1 July 2026.
(91) Clause 602, page 562 (after line 14), after paragraph (b), insert:
(ba) specifying that the amount or period may be set by a determination made by the System Governor in accordance with the rules;
insert "if the registered provider is not a government entity—".
(1) Clause 602, page 564 (after line 8), at the end of the clause, add:
Review by Senate Committee
(12) The Senate Community Affairs Legislation Committee, or such other committee constituted under a resolution of the Senate, must:
(a) begin a review of any rules made for the purposes of a provision specified in subsection (13) within 3 months after the day the rules are tabled in the Senate; and
(b) report the Committee's findings to the Senate as soon as practicable after completing each review.
(13) The following provisions are specified:
(a) section 14 (Aged Care Code of Conduct);
(b) section 15 (Aged Care Quality Standards);
(c) section 16 (meaning of reportable incident );
(d) section 17 (restrictive practice in relation to an individual);
(e) section 141 (Provider Register);
(f) section 154 (personal information and record keeping);
(g) section 162 (restrictive practices);
(h) section 163 (immunity from civil or criminal liability in relation to the use of a restrictive practice in certain circumstances);
(i) Chapter 4 (funding of aged care services);
(j) section 379 (aged care worker screening database);
(k) section 507 (register of banning orders).
Electoral Legislation Amendment (Electoral Communications) Bill 2024
… Paul McNab—
alleges PwC International Washington National Tax Services partner Matthew Chen received allegedly confidential Australian government tax information in 2014 in part of a suite of emails detailing reform plans.
Australian Defence Force
Legalising Cannabis Bill 2023
My name is Dana, and I am 13 years old.
I stand here today and say that we should build homes for homeless people.
This will make sure they have a place to keep warm and not sleep on the side of the road or on the footpath.
Instead, every person has the right to have shelter and stay safe, so I say every single person deserves a home once and for all.
In the meantime, the government has something called a code blue, when it's way too cold for homeless people to sleep on the side of road or on the footpath.
Instead, they can go to a hotel to keep warm, but these spots can be limited.
What I'm trying to say is that no one should be living in streets anymore, not now—not anytime!
So, I say no more homeless people should live on the streets!
I think of the homeless people that sleep on the footpath in winter, they might also get hypothermia if they don't act fast.
Change a homeless person's life by giving them the chance to live somewhere, by doing that you're a hero and the homeless people, and wider communities, will be so grateful for you doing that and for giving each homeless people a home.
We need to act fast before the cold winters hit again next year!
Thank you, Parliament, for hearing and understanding my voice!
… we see the reluctance of coal fired generators to offer contracts now because they're worried about the reliability of their own plants.
Wage Justice for Early Childhood Education and Care Workers (Special Account) Bill 2024
Coalition frontbencher Sarah Henderson—
headlined an event for migration agents and private colleges and launched a new brand for a Liberal Party member who helps international students extend stays in Australia just a month before tanking Labor's bill to crack down on the private education sector.
Henderson, who leads the opposition's education policy, spoke at the private forum attended by dozens of … agents—some of whom have had restrictions imposed on them by the tertiary education regulator or helped international students appeal their visa rejections …
Some of the companies are also Liberal Party donors.
The coalition has maintained the importance of a cap on international students …
That the Senate take note of the answers given by ministers to questions without notice asked by coalition senators today.
If people start thinking they can take this money and direct it to various purposes of their own, the game would be up, there wouldn't be any point in continuing to have an investment fund.
He argued that "political freeloaders" risked raiding the investment vehicle for their own pet projects.
… divestment … is not covered in any way in the changes that have been made to date.
That on Monday, 25 November 2024, following the authorisation of any committee meetings, senators may make statements, of not more than 5 minutes each, relating to the International Day for the Elimination of Violence Against Women, for up to 45 minutes.
Aged Care Bill 2024
(1) Heading to subclause 179(3), page 186 (line 23), omit " Serious ", substitute "Civil penalty provision — serious ".
(2) Clause 179, page 187 (after line 4), after subclause 179(3), insert:
Strict liability offence — serious failures
(3A) A registered provider commits an offence of strict liability if:
(a) the provider has a duty under subsection (1); and
(b) the provider engages in conduct that does not comply with the duty; and
(c) the conduct amounts to a serious failure by the provider to comply with the duty.
Penalty:
(a) in the case of an offence committed by a registered provider that is an individual—150 penalty units; or
(b) in the case of an offence committed by a registered provider other than an individual—1,000 penalty units.
(3) Heading to subclause 179(5), page 187 (line 12), omit " Death ", substitute "Civil penalty provision — death ".
(4) Clause 179, page 187 (after line 25), at the end of clause 179, add:
Strict liability offence — death or serious injury or illness
(6) A registered provider commits an offence of strict liability if:
(a) the provider has a duty under subsection (1); and
(b) the provider engages in conduct; and
(c) the conduct amounts to a serious failure by the provider to comply with the duty; and
(d) the conduct results in the death of, or serious injury to, or illness of, an individual to whom the duty is owed.
Penalty:
(a) in the case of an offence committed by a registered provider that is an individual—500 penalty units; or
(b) in the case of an offence committed by a registered provider other than an individual—4,800 penalty units.
Fault-based offence — death or serious injury or illness
(7) A registered provider commits an offence if:
(a) the provider has a duty under subsection (1); and
(b) the provider engages in conduct; and
(c) the conduct amounts to a serious failure by the provider to comply with the duty; and
(d) the conduct results in the death of, or serious injury to, or illness of, an individual to whom the duty is owed.
Penalty:
(a) in the case of an offence committed by a registered provider that is an individual—1,000 penalty units or 5 years imprisonment or both; or
(b) in the case of an offence committed by a registered provider other than an individual—9,500 penalty units.
General defence of reasonable excuse
(8) Subsection (3A), (6) or (7) does not apply if the registered provider has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (8) (see subsection 13.3(3) of the Criminal Code ).
(5) Clause 180, page 188 (lines 19 to 22), omit subclause 180(3), substitute:
(3) A person may be found liable to pay a civil penalty under this Act, or be convicted or found guilty of an offence against a provision of this Act, relating to a duty under this section whether or not the registered provider has been found liable to pay a civil penalty under section 179, or been convicted or found guilty of an offence against section 179.
(6) Heading to subclause 180(4), page 188 (line 23), omit " Serious ", substitute "Civil penalty provision — serious ".
(7) Clause 180, page 188 (after line 30), after subclause 180(4), insert:
Strict liability offence — serious failures
(4A) A person commits an offence of strict liability if:
(a) the person has a duty under subsection (1); and
(b) the person engages in conduct that does not comply with the duty; and
(c) the conduct amounts to a serious failure by the provider to comply with the duty.
Penalty: 150 penalty units.
(8) Heading to subclause 189(6), page 189 (line 4), omit " Death ", substitute "Civil penalty provision — death ".
(9) Clause 180, page 189 (after line 15), at the end of clause 180, add:
Strict liability offence — death or serious injury or illness
(7) A person commits an offence of strict liability if:
(a) the person has a duty under subsection (1); and
(b) the person engages in conduct; and
(c) the conduct amounts to a serious failure by the person to comply with the duty; and
(d) the conduct results in the death of, or serious injury to, or illness of, an individual to whom the duty in section 179 is owed by the registered provider.
Penalty: 500 penalty units.
Fault-based offence — death or serious injury or illness
(8) A person commits an offence if:
(a) the person has a duty under subsection (1); and
(b) the person engages in conduct; and
(c) the conduct amounts to a serious failure by the person to comply with the duty; and
(d) the conduct results in the death of, or serious injury to, or illness of, an individual to whom the duty in section 179 is owed by the registered provider.
Penalty: 1,000 penalty units or 5 years imprisonment or both.
General defence of reasonable excuse
(9) Subsection (4A), (7) or (8) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (9) (see subsection 13.3(3) of the Criminal Code ).
(10) Clause 186, page 191 (line 7), after "subsection 179(3) or (5)", insert "or is found guilty of an offence against subsection 179(3A), (6) or (7)".
(1) Chapter 4, clauses 190 to 337A, page 195 (line 1) to page 347 (line 17), to be opposed.
The committee divided. [15:59]
(The Chair—McLachlan)
SHEET 3101
(1) Clause 547, page 508 (before line 4), insert:
Internal disclosures
(2) Clause 547, page 508 (line 4), omit "A disclosure", substitute "(1) A disclosure".
(3) Clause 547, page 508 (lines 17 to 19), omit paragraph 547(c), substitute:
(c) the discloser has reasonable grounds to suspect that the information:
(i) indicates that an entity may have contravened a provision of this Act; or
(ii) indicates that an entity may have engaged in conduct covered by subsection (2); or
(iii) if an entity is a body corporate—indicates that a related body corporate of the entity may have engaged in conduct covered by subsection (2); or
(iv) concerns misconduct, or an improper state of affairs or circumstances, in relation to an entity.
(4) Clause 547, page 508 (after line 19), at the end of clause 547, add:
(2) This subsection covers the following conduct:
(a) conduct that constitutes an offence against a law of the Commonwealth that is punishable by imprisonment for a period of 12 months or more;
(b) conduct that represents a danger to the public or an individual who accesses the aged care system;
(c) conduct that is prescribed by the rules.
(3) A disclosure covered by subsection (1) is an internal disclosure .
(4) Subsection (1) does not apply to a disclosure of information to the extent the information disclosed concerns a personal work-related grievance of the discloser.
External disclosures
(5) A disclosure of information (an external disclosure ) by an individual (the discloser ) qualifies for protection under this section if:
(a) the discloser has previously made an internal disclosure of the information; and
(b) the person to whom the internal disclosure was made:
(i) took no action in relation to the internal disclosure; or
(ii) did not complete an investigation in relation to the internal disclosure before the end of the period of 90 days beginning on the day the internal disclosure was made; or
(iii) completed an investigation in relation to the internal disclosure that resulted in no further action being taken; and
(c) the external disclosure is made to one or more of the following:
(i) a member (however described) of the Parliament of the Commonwealth or a State, or of the legislature of a Territory;
(ii) a person who works in a professional capacity as a journalist; and
(d) the discloser reasonably believes that the external disclosure is in the public interest.
Disclosures to support persons
(6) A disclosure of information by an individual ( the discloser ) qualifies for protection under this section if:
(a) the disclosure is made to one or more of the following:
(i) an officer or employee of a trade union;
(ii) an independent aged care advocate;
(iii) a legal practitioner; and
(b) the disclosure is made for the purposes of seeking support or advice in relation to the information, or another disclosure relating to the information.
(7) A disclosure of information by an individual ( the discloser ) qualifies for protection under this section if:
(a) the disclosure is made to a medical practitioner or psychologist; and
(b) the disclosure is made for the purposes of seeking or obtaining medical or psychiatric care, treatment or counselling (including psychological counselling).
(5) Clause 550, page 511 (line 3), omit "paragraph 547(c)" substitute "paragraph 547(1)(c)".
_____
SHEET 3102
(1) Page 509 (after line 3), after clause 548, insert:
548A Claims for protection
(1) If, in civil or criminal proceedings (the primary proceedings ) instituted against an individual in a court, the individual makes a claim (relevant to the proceedings) that, because of section 548, the individual is not subject to any civil, criminal or administrative liability for making a disclosure that qualifies for protection under section 547:
(a) the individual bears the onus of adducing or pointing to evidence that suggests a reasonable possibility that the claim is made out; and
(b) if the individual discharges that onus—the party instituting the primary proceedings against the individual bears the onus of proving that the claim is not made out; and
(c) the court must deal with the claim in separate proceedings; and
(d) the court must adjourn the primary proceedings until the claim has been dealt with; and
(e) none of the following:
(i) any admission made by the individual in the separate proceedings;
(ii) any information given by the individual in the separate proceedings;
(iii) any other evidence adduced by the individual in the separate proceedings;
is admissible in evidence against the individual except in proceedings in respect of the falsity of the admission, information or evidence; and
(f) if the individual or another person gives evidence in the separate proceedings in support of the claim—giving that evidence does not amount to a waiver of privilege for the purposes of the primary proceedings or any other proceedings.
(2) To avoid doubt, a right under section 126K of the Evidence Act 1995 not to be compelled to give evidence is a privilege for the purposes of paragraph (1)(f) of this section.
_____
SHEET 3103
(1) Clause 551, page 511 (after line 24), after subclause (2), insert:
(2A) In proceedings for a civil penalty order against an entity for a contravention of subsection (1):
(a) the person seeking the order bears the onus of adducing or pointing to evidence that suggests a reasonable possibility of the matters in paragraphs (1)(a) and (b); and
(b) if that onus is discharged—the entity bears the onus of proving that the claim is not made out.
(2) Clause 551, page 512 (after line 19), after subclause (5), insert:
(5A) In proceedings for a civil penalty order against an entity for a contravention of subsection (3):
(a) the person seeking the order bears the onus of adducing or pointing to evidence that suggests a reasonable possibility of the matters in paragraphs (3)(a) and (b); and
(b) if that onus is discharged—the entity bears the onus of proving that the claim is not made out.
_____
SHEET 3104
(1) Page 509 (after line 22), after clause 549, insert:
549A Certain recipients to take steps to protect disclosers
If:
(a) an individual makes a disclosure that qualifies for protection under section 547 to an entity (the recipient ); and
(b) the recipient is:
(i) a registered provider; or
(ii) a responsible person of a registered provider;
the recipient must take such steps as are reasonable in the circumstances to protect the individual against any reprisals that have been, or may be, taken in relation to the disclosure.
The committee divided. [16:10]
(The Chair—Senator McLachlan)
(1) Clause 338, page 348 (after line 20), after the paragraph beginning "The System Governor". insert:
The System Governor must provide quarterly reports to the Minister on the duration of waiting periods for certain funded aged care services.
(2) Page 353 (after line 3), after clause 342, insert:
342A Quarterly reporting on waiting periods for certain funded aged care services
(1) Subject to subsection (4), the System Governor must give the Minister a written report, within 28 days after the end of each quarter, on the duration of waiting periods for non-specialist funded aged care services.
(2) Without limiting subsection (1), the report must include the following information:
(a) the number of applications for non-specialist funded aged care services made under subsection 56(1) for which a decision under subsection 57(1) has not been made, including applications made during that quarter and previous quarters;
(b) the average number of days between the date of an application for non-specialist funded aged care services being made under subsection 56(1) and the commencement of the provision of non-specialist funded aged care services, where those services commenced in the quarter;
(c) the median number of days between the date of an application for non-specialist funded aged care services being made under subsection 56(1) and the commencement of the provision of non-specialist funded aged care services, where those services commenced in the quarter;
(d) an assessment of the differences in the time taken between application and the commencement of services as a result of whether the non-specialist funded aged care service was delivered in an approved residential care home or a home or community setting;
(e) an assessment of the differences in the time taken between application and the commencement of services as a result of the State or Territory in which the non-specialist funded aged care service was delivered;
(f) an assessment of the differences in the time taken between application and the commencement of services as a result of the local region in which the non-specialist funded aged care service was delivered;
(g) any other matter prescribed by the rules.
(3) The System Governor must publish the report on the Department's website as soon as practicable after it is given to the Minister.
(4) If this section commences during a quarter (but not on the first day of the quarter):
(a) no report is to be made at the end of the quarter; but
(b) the report made at the end of the next quarter is also to include the information about the duration of waiting periods for non-specialist funded aged care services that occurred in the previous quarter.
(5) In this section:
local region has the meaning prescribed by the rules.
non-specialist funded aged care service means a funded aged care service other than a service delivered under a specialist aged care program.
quarter means a period of 3 months starting on any of the following dates in a year:
(a) 1 January;
(b) 1 April;
(c) 1 July;
(d) 1 October.
(3) Clause 601, page 559 (after line 20), after subparagraph 601(1A)(b)(v), insert:
(va) the expansion of regular reporting on the duration of waiting periods for funded aged care services to cover specialist aged care programs;
(1) Amendment (64), to be opposed.
(1) Clause 5, page 3 (after line 26), after paragraph 5(d), insert:
(da) ensure individuals over the age of 65 with disability receive daily living supports and outcomes comparable to those that would be available under the National Disability Insurance Scheme to a person under the age of 65; and
(1) Clause 361, page 365 (after line 30), after subclause (1), insert:
(1A) Without limiting subsection (1), the rules must provide that if a complaint is made to the Complaints Commissioner about:
(a) the compliance of a registered provider or a responsible person or aged care worker of a registered provider with this Act; or
(b) a registered provider acting in a way that is incompatible with the Statement of Rights;
the Complaints Commissioner must, by the end of the period specified in the rules:
(c) deal with and resolve the complaint; and
(d) prepare a written statement (a complaint determination ) setting out:
(i) what action (if any) the Complaints Commissioner took to deal with and resolve the complaint; and
(ii) what action (if any) should be taken by another person to deal with and resolve the complaint; and
(iii) information relating to the review or reconsideration of decisions made under the scheme; and
(e) give the person who made the complaint a copy of the complaint determination.
The committee divided. [16:57]
(The Chair—Senator McLachlan)
(1) Clause 23, page 49 (after line 34), at the end of the clause, add:
(13) An individual has a right to access, at any time the individual chooses, a person designated by the individual, or a person designated by an appropriate authority.
The ongoing elephant in the room is the perceived dichotomy between duty of care and dignity of risk. If people were encouraged to spend their whole lives, from babyhood, cocooned in their own homes, never opening the door and venturing into the outside, they might be physically safer; however, we know that would mean they would miss out on most, if not all, of the joys and challenges that risk brings, that life brings—the mental and psychological health that we all aspire to… We want to have the option to choose the right to take risks according to our own priority, not to be wrapped up irrespective of our own. Too often, as people age, they are perceived as having higher and higher needs for priority to go to care rather than to activities and options that give them some entertainment or even joy.
(12) An individual has a right to opportunities, and assistance, to stay 24 connected … with:
(a) significant persons in the individual's life and pets, including through safe visitation by family members, friends, volunteers or other visitors where the individual lives and visits to family members or friends …
(13) An individual has a right to access, at any time the individual chooses, a person designated by the individual, or a person designated by an appropriate authority.
The committee divided. [17:13]
(The Chair—Senator McLachlan)
(1) Page 173 (after line 23), at the end of Division 1, add:
Subdivision J — Condition relating to residential care homes
165A Residential care homes
(1) It is a condition of registration that a registered provider in the residential care category must ensure that at least 20% of the beds in each residential care home covered by the provider's registration are reserved for supported residents.
(2) In this section:
supported resident means an individual:
(a) in respect of whom a registered provider is eligible to receive an accommodation supplement; or
(b) who may be charged an accommodation contribution.
(1) Clause 308, page 304 (after line 18), after subclause (4), insert:
(4A) A registered provider must not deduct a retention amount from a refundable deposit balance in any one year period if the sum of all retention amounts deducted from the refundable deposit balance in that period is equal to or greater than 2 per cent of the refundable deposit.
(3) The transitional rules may provide that this Act, or any instrument (legislative or otherwise) made under this Act, has effect with any modifications prescribed by the transitional rules.
(1) Clause 547, page 508 (line 4), before "A disclosure of information by an individual", insert "(1)".
(2) Clause 547, page 508 (line 12), after "a registered provider", insert "who is covered by subsection (2)".
(3) Clause 547, page 508 (after line 19), at the end of the clause, add:
(2) An aged care worker of a registered provider is covered by this subsection if:
(a) the aged care worker has agreed, in writing, to receive disclosures that qualify for protection under this section; and
(b) the aged care worker has not withdrawn that agreement.
(4) Clause 550, page 511 (line 3), omit "paragraph 547(c)", substitute "paragraph 547(1)(c)".
We don't think it's possible, across Australia, to train thousands of people to take these disclosures and know how to act on them appropriately and swiftly … these are really important disclosures, and the people that take them need to understand very carefully how to manage them appropriately.
(1) Clause 7, page 30 (after line 25), after the definition of System Governor , insert:
telehealth consultation means a consultation conducted (other than in person) by videoconference, telephone or other technology.
(2) Clause 175, page 181 (after line 20), after paragraph (2)(a), insert:
(aa) the System Governor determines that the registered provider intends 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; or
(1) Clause 284, page 281 (line 32) to page 282 (line 2), omit subclause (5).
(1) Clause 152, page 161 (line 15), before "It is a condition", insert "(1)".
(2) Clause 152, page 161 (line 17), before "comply with the worker screening requirements", insert "subject to subsection (2),".
(3) Clause 152, page 161 (line 19), before "ensure that aged care workers", insert "subject to subsection (2),".
(4) Clause 152, page 161 (after line 28), at the end of the clause, add:
(2) Paragraphs (1)(a) and (b) do not apply to a registered provider if:
(a) the registered provider has made an application (a worker screening exemption application ) to the System Governor for an exemption from the conditions mentioned in those paragraphs; and
(b) the System Governor has accepted the worker screening exemption application.
(3) The rules may prescribe requirements relating to:
(a) the making of a worker screening exemption application by a registered provider; and
(b) the consideration of the worker screening exemption application by the System Governor; and
(c) the acceptance or refusal of the worker screening exemption application by the System Governor; and
(d) the review of a decision by the System Governor to accept or refuse the worker screening exemption application.
(4) Without limiting subsection (3), rules made for the purposes of that subsection may prescribe:
(a) how a worker screening exemption application is to be made by a registered provider; and
(b) the information that must be included with the worker screening exemption application; and
(c) the matters the System Governor must take into account when considering the worker screening exemption application, including (without limitation):
(i) the geographical location of the registered provider; and
(ii) the available workforce in the local community of the registered provider; and
(iii) whether the registered provider has taken reasonable steps to provide the highest level of clinical care with the available workforce.
… in remote areas, the discretion to make final decisions regarding worker screening should remain with local service providers. This is essential for maintaining culturally safe care, especially for First Nations elders, where community knowledge and lived experience play a significant role in determining who is best suited to provide care.
SHEET 3082
(1) Clause 58, page 80 (line 5), omit "; and", substitute "; or".
(2) Clause 58, page 80 (after line 5), after subparagraph 58(a)(iii), insert:
(iv) has care needs that can be met in the most effective way by a funded aged care service; and
(1) Clause 143, page 157 (after line 16), after subclause (2), insert:
(2A) The Commissioner must not impose a condition unless the condition is of a kind that is prescribed by the rules.
(2B) Subsection (2A) does not apply to a condition covered by subsection (3).
(2) Clause 143, page 157 (line 17), omit "The conditions may include, but are not limited to,", substitute "The conditions covered by this subsection are".
That this bill be now read a third time.
The Senate divided. [18:48]
(The Acting Deputy President—Senator O'Sullivan)