Protections weakened by dropping worker screening
Coalition speakers argued the bill was weaker because it removed an earlier worker-screening schedule, which they said reduced protections for older people and should be restored.
Aged Care and Other Legislation Amendment (Royal Commission Response)
Current status
This bill became law on Aug 5th, 2022.
Policy area
Health, care & disability
What does this bill do?
Residential aged careAged care delivered in a care home where older people live full time. funding shifts to a new needs-based model, so government payments can reflect both each resident’s care needs and the type of service delivering the care.
Why was it introduced?
The Royal CommissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out. exposed urgent gaps in aged care transparency, accountability and safeguards, and unclear state and territory rules left some residents without a clear way to consent to restrictive practicesActions that limit a person's movement or freedom, which this bill tries to regulate more tightly and consent to properly.. This bill responds by changing funding, publishing star ratingsThe rating system that lets families compare aged care homes using quality, compliance, staffing and resident experience information., extending incident reporting, imposing a conduct code and creating interim consent rules.
Broader context
Australia’s aged care system was already under strain, and by March 2021 the Royal CommissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out.’s final report had documented substandard care, weak accountability and gaps in resident protections, while unclear state and territory consent rules left some providers without a clear legal pathway for restrictive practicesActions that limit a person's movement or freedom, which this bill tries to regulate more tightly and consent to properly.. The 2022 bill was introduced as a time-critical response, replacing funding settings with a needs-based model and adding star ratingsThe rating system that lets families compare aged care homes using quality, compliance, staffing and resident experience information., conduct rules, incident reporting and interim consent arrangements before Parliament passed it and it received Royal Assent in August 2022.
Key criticism
The main criticism was that the bill did not go far enough on some safeguards, especially after Labor removed a worker-screening schedule and left concerns about restrictive practicesActions that limit a person's movement or freedom, which this bill tries to regulate more tightly and consent to properly. and allied health support unresolved. Those objections were raised by Coalition and Greens speakers while still backing the bill, so the criticism was limited and mostly about protections and drafting rather than opposition to the reform overall.
Who supported it?
Anika Wells MP introduced this bill. It passed on the voices.
Introduced in House 27 July 2022
Passed House 27 July 2022
Passed Senate 02 Aug 2022
Became law 05 Aug 2022
Did it become law?
Yes
Became law 05 Aug 2022
Final passage
Passed without a counted vote
4 recorded amendment or procedural votes were found, but no counted vote on the bill itself was recorded.
Passage speed
9 days
From introduction to the latest recorded parliamentary step
Meaning
What does this bill do?
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Residential aged careAged care delivered in a care home where older people live full time. funding shifts to a new needs-based model, so government payments can reflect both each resident’s care needs and the type of service delivering the care.
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My Aged CareThe government service that helps people find aged care and, on this page, is the place that can publish star ratings for homes. can publish star ratingsThe rating system that lets families compare aged care homes using quality, compliance, staffing and resident experience information. for every residential aged careAged care delivered in a care home where older people live full time. home, using quality, compliance, resident experience and staffing information to help people compare services.
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Approved aged care providers, their workers and their board-level leaders must follow a new code of conductA set of behaviour rules for providers, workers and leaders, with penalties if they break them., with penalties and banning powers available for serious breaches.
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Home care and community-based aged care providers must report abuse, neglect and other serious incidents, and people who report them get the same legal protections already used in residential care.
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Aged care homes can get consent for restrictive practicesActions that limit a person's movement or freedom, which this bill tries to regulate more tightly and consent to properly. from an authorised substitute decision-makerA person allowed to make a consent decision for a resident who cannot consent for themselves. when a resident cannot consent and state or territory law does not clearly cover the situation.
Show source excerpts
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Amend to permit the calculation of basic subsidy on and from the transition day as a combination of a variable amount linked to the care recipient’s Part 2.4A (AN‑ACC) classification and a fixed amount linked to the characteristics (or ‘kind’) of the residential aged care service where the person receives care.
Aged Care and Other Legislation Amendment (Royal Commission Response) explanatory memorandum -
In line with Recommendation 24 of the Royal Commission, the Star Ratings will be published as an overall rating, as well as against the four sub-categories (or data elements of those categories) on My Aged Care:
Aged Care and Other Legislation Amendment (Royal Commission Response) explanatory memorandum -
New section 74AA provides a simplified outline of Part 8AA. It makes clear that approved providers and their aged care workers and governing persons must comply with the provisions of the Code that apply to them. A failure to comply with this obligation by an approved provider may result in sanctions and/or a civil penalty. A failure to comply with this obligation by an aged care worker or governing person may also result in a civil penalty.
Aged Care and Other Legislation Amendment (Royal Commission Response) explanatory memorandum -
Under Schedule 4, an approved provider has a responsibility to manage incidents and take reasonable steps to prevent incidents, including through implementing and maintaining an incident management system. Regardless of whether a serious incident is an alleged, suspected or a known occurrence, these incidents are reportable incidents for the SIRS. This promotes article 15 of the CRPD and article 7 of the ICCPR by ensuring that individuals, including persons with a disability, who are subjected to cruel, inhuman or degrading treatment have the incident promptly reported and impartially examined by the relevant authorities. Further, the Schedule extends protections for people who report abuse or neglect in relation to reportable incidents occurring in relation to care provided by approved providers in a home or community care setting.
Aged Care and Other Legislation Amendment (Royal Commission Response) explanatory memorandum -
The amendments allow for the Quality of Care Principles to make further provision for the giving of informed consent to the use of restrictive practices in circumstances where a care recipient does not have capacity to consent themselves. This includes authorising a person to consent on a care recipient’s behalf, where State and Territory laws currently do not provide for a person to be given authority to consent to the use of restrictive practices. These arrangements are designed to ensure that providers will be able to meet the strengthened requirements on the use of restrictive practices in all jurisdictions.
Aged Care and Other Legislation Amendment (Royal Commission Response) explanatory memorandum
Context
Broader context for this bill
Australia’s aged care system was already under strain, and by March 2021 the Royal CommissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out.’s final report had documented substandard care, weak accountability and gaps in resident protections, while unclear state and territory consent rules left some providers without a clear legal pathway for restrictive practicesActions that limit a person's movement or freedom, which this bill tries to regulate more tightly and consent to properly.. The 2022 bill was introduced as a time-critical response, replacing funding settings with a needs-based model and adding star ratingsThe rating system that lets families compare aged care homes using quality, compliance, staffing and resident experience information., conduct rules, incident reporting and interim consent arrangements before Parliament passed it and it received Royal Assent in August 2022.
- 01 Mar 2021
Royal CommissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out. final report finds major failures in aged care
The final report, Care, Dignity and Respect, set out 148 recommendations after hearing evidence of substandard care and systemic failings across the sector.
Australian Financial Review ↗ - 2022
Government prepares time-critical aged care reforms
The explanatory memorandum said the bill would implement several urgent measures responding to the Royal CommissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out., including funding, star ratingsThe rating system that lets families compare aged care homes using quality, compliance, staffing and resident experience information., conduct, reporting and restrictive-practices changes.
Aged Care and Other Legislation Amendment (Royal Commission Response) explanatory memorandum ↗ - 27 July 2022
Government introduces the aged care response bill
The bill was introduced to begin legislating the Royal CommissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out. response and to deal with unresolved consent arrangements for restrictive practicesActions that limit a person's movement or freedom, which this bill tries to regulate more tightly and consent to properly. where state and territory law was unclear.
Parliamentary timeline ↗ - 02 Aug 2022
Parliament passes the bill
Both houses passed the bill in the same form, clearing the way for the new funding, transparency and safeguard measures to become law.
Parliamentary timeline ↗ - 05 Aug 2022
Royal Assent makes the reforms law
Royal Assent turned the bill into an Act, allowing the aged care changes to be implemented through the statute and related rules.
Parliamentary timeline ↗
Legislative route
How did it move through Parliament?
House Senate
Introduced 27 July 2022
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
Second reading opened 27 July 2022
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Second reading debate 27 July 2022
The bill reached this recorded parliamentary step.
House second reading agreed 27 July 2022
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
House third reading agreed 27 July 2022
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Introduced 27 July 2022
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
Second reading opened 27 July 2022
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Second reading debate 28 July 2022
The bill reached this recorded parliamentary step.
Second reading debate 01 Aug 2022
The bill reached this recorded parliamentary step.
Senate second reading agreed 01 Aug 2022
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
Committee of the Whole debate 01 Aug 2022
The bill reached this recorded parliamentary step.
Senate third reading agreed 02 Aug 2022
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Passed both houses 02 Aug 2022
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
Assent 05 Aug 2022
The Governor-General gave Royal Assent, turning the bill into an Act.
Key criticism
The main case against this bill
The main criticism was that the bill did not go far enough on some safeguards, especially after Labor removed a worker-screening schedule and left concerns about restrictive practicesActions that limit a person's movement or freedom, which this bill tries to regulate more tightly and consent to properly. and allied health support unresolved. Those objections were raised by Coalition and Greens speakers while still backing the bill, so the criticism was limited and mostly about protections and drafting rather than opposition to the reform overall.
No party represented in the debate opposed the bill, but some support was conditional on stronger safeguards.
Restrictive practices and allied health left too weak
The Greens said the bill should go further by better funding allied health care and tightening the rules around restrictive practicesActions that limit a person's movement or freedom, which this bill tries to regulate more tightly and consent to properly., including concerns about immunity for improper use.
Further sources
Votes
Recorded votes
How the bill itself passed
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.
Passed House passed the bill
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed
House passed the bill
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Passed Senate passed the bill
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed
Senate passed the bill
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Amendments at a glance
Recorded amendment and procedural votes grouped by chamber. Expand a vote to see the party breakdown.
Senate
Defeated Criticise government delay on aged care
Defeated 26 to 34. Support came from Liberal Party, Nationals, One Nation, and UAP. Opposition came from Labor, Greens, Jacqui Lambie Network, and minor parties and independents. Minor-party and independent votes were split.
Defeated
Criticise government delay on aged care
This was a political test of whether the Senate would endorse a censure-style statement alongside the bill before the bill itself went to a final second reading vote.
Party Aye / No
Labor 0 / 15
Liberal Party 14 / 0
Greens 0 / 12
Unknown 7 / 5
Nationals 3 / 0
Independent 0 / 1
Jacqui Lambie Network 0 / 1
One Nation 1 / 0
UAP 1 / 0
Defeated Call for fewer restraints and more allied health
Defeated 16 to 29. Support came from Greens, Jacqui Lambie Network, One Nation, and minor parties and independents. Opposition came from Labor, Liberal Party, and Nationals. Minor-party and independent votes were split.
Defeated
Call for fewer restraints and more allied health
This was a request for the chamber to attach a policy statement to the bill, not to change the bill text itself, so its defeat left the bill’s second reading unchanged.
Party Aye / No
Labor 0 / 16
Greens 12 / 0
Unknown 1 / 6
Liberal Party 0 / 6
Independent 1 / 0
Jacqui Lambie Network 1 / 0
Nationals 0 / 1
One Nation 1 / 0
Carried Keep immunity for restrictive practices
Passed 35 to 15. Support came from Labor, Liberal Party, Jacqui Lambie Network, Nationals, and minor parties and independents. Opposition came from Greens, One Nation, UAP, and minor parties and independents.
Carried
Keep immunity for restrictive practices
The vote preserved the bill’s legal protection for providers that act on consent in the restrictive-practices framework, rather than removing those protections.
Party Aye / No
Labor 17 / 0
Greens 0 / 12
Liberal Party 8 / 0
Unknown 8 / 0
Independent 0 / 1
Jacqui Lambie Network 1 / 0
Nationals 1 / 0
One Nation 0 / 1
UAP 0 / 1
Defeated Mandate registered nurses on duty
Defeated 18 to 33. Support came from Greens, One Nation, Jacqui Lambie Network, UAP, and minor parties and independents. Opposition came from Labor, Liberal Party, and Nationals. Minor-party and independent votes were split.
Defeated
Mandate registered nurses on duty
The defeat of the amendments left the bill without a direct 24/7 registered-nurse requirement, so that change did not become part of the legislation.
Party Aye / No
Labor 0 / 17
Greens 12 / 0
Liberal Party 0 / 8
Unknown 1 / 7
One Nation 2 / 0
Independent 1 / 0
Jacqui Lambie Network 1 / 0
Nationals 0 / 1
UAP 1 / 0
These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.
Parliamentary debate
Who spoke, and what they said
Start here — lead voices
Sponsor speech Supports
Anika Wells
Wells supports the bill and says it is the start of long overdue aged care reform, because it implements royal commissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out. recommendations and strengthens oversight, safety and accountability across the sector.
Read in Hansard ↗ Lead supporting voice Supports
Janet Rice
Rice says the Greens will support the bill because it is an interim step to improve aged care, but she argues it should go further on allied health funding and restrictive practicesActions that limit a person's movement or freedom, which this bill tries to regulate more tightly and consent to properly..
Read in Hansard ↗ Lead non-major voice Supports
David Pocock
Pocock supports the bill and wants it passed quickly, saying the aged care reforms are urgently needed and a great first step.
Read in Hansard ↗ Lead voice Supports
Jana Stewart
Jana Stewart supports the bill and says it is a practical first step to implement urgent royal commissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out. reforms that improve safety, transparency and accountability in aged care.
Read in Hansard ↗All speeches by bloc
Labor
22 speakers · 23 contributions · 22 support
Labor
22 speakers · 23 contributions · 22 support
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Jana Stewart ★ Jana Stewart supports the bill and says it is a practical first step to implement urgent royal commissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out. reforms that improve safety, transparency and accountability in aged care.
“This bill, thankfully, begins to make a series of urgent changes that will begin to help improve the health, safety and wellbeing of Aboriginal and Torres Strait Islander elders, as well as those of older Australians from non-English-speaking and other minority groups in the aged-care sector. As outlined by the Victorian Aboriginal Community Controlled Health Organisation, we have a significant opportunity to continue to enhance aged-care services for elders.”
Read the full speech in Hansard ↗ -
Murray Watt 2 contributions Watt strongly supports the bill and says it is an early priority because it will fix aged care by replacing the old funding model, tightening oversight, and implementing royal commissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out. recommendations.
Hansard records 2 separate contributions by Murray Watt, including an amendment-moving contribution. They are grouped here so the speaker is listed once.
Moved amendment
Watt supports the bill and says it is needed to deliver the Royal CommissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out. reforms and avoid further delay to funding, quality and safety changes in aged care. He argues it will improve classification funding, star ratingsThe rating system that lets families compare aged care homes using quality, compliance, staffing and resident experience information., conduct standards, incident reporting, governance, information sharing and financial oversight for older Australians.
“I am introducing this revised Bill today, in the first sitting week of the 47th Parliament, to prevent any further delay of the important funding, quality and safety reforms that will be enabled by this Bill.”
Read this contribution in Hansard ↗Second reading speech
Watt strongly supports the bill and says it is an early priority because it will fix aged care by replacing the old funding model, tightening oversight, and implementing royal commissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out. recommendations. He argues the changes are needed to end neglect and give older Australians safer, better-quality care.
“I'd like to join with a range of other speakers from the government side of the chamber in commending the Aged Care and Other Legislation Amendment (Royal Commission Response) Bill 2022 and commending both Minister Wells and the government as a whole for bringing this legislation on so early in this term.”
Read this contribution in Hansard ↗ -
Glenn Sterle Sterle supports the bill and says Labor is acting on the royal commissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out.'s findings to fix aged care.
“Prior to the election Prime Minister Albanese told Australia that fixing aged care was a Labor priority, and the introduction of these reforms demonstrates this government's commitment to reform. The royal commission response bill provides the legislative framework for the new AN-ACC funding model for residential aged-care homes, which will replace the outdated Aged Care Funding Instrument in October 2022. This framework will offer more equitable funding, better matched to provider costs in delivering the care residents need. It also extends the functions of the Independent Health and Aged Care Pricing Authority, which will lead to better price setting for aged-care homes.”
Read the full speech in Hansard ↗ -
Catryna Bilyk Catryna Bilyk supports the bill as the first Labor bill in the Senate and says it starts the work of restoring dignity, safety and accountability in aged care.
“Before the Senate today is a bill that helps restore quality, dignity and humanity to Australia's aged-care system. Extensive consultations have been held with unions as well as aged-care workers, providers and residents to ensure that their views and experiences are considered, and I would like to congratulate the minister for aged care for hitting the ground running and meeting with so many stakeholders in such a short period of time.”
Read the full speech in Hansard ↗ -
Marielle Smith Smith supports the bill and says it is the first important step in fixing the aged care crisis and implementing the royal commissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out.'s recommendations.
“This bill is, of course, just the first step in our government's work to fix the aged-care crisis. We know that that fix won't happen overnight, and of course not everything in this crisis can be fixed by one piece of legislation. This is a sector that has suffered neglect for years and was downright failed by our previous government. But this bill—and the fact that it's the first piece of legislation that we are debating here—is a really important start. I want to commend Anika Wells, the member for Lilley, for her tireless work, since she was sworn in as our new Minister for Aged Care, to make sure that she could bring this bill to the parliament, that it was treated with the urgency that it deserves. I wish that minister every success in what I know is her genuine and dedicated focus on fixing the aged-care crisis.”
Read the full speech in Hansard ↗ -
Helen Polley Polley supports the bill and says it is the first real step toward reforming aged care after years of neglect.
“Ultimately this bill is about respect for older Australians and what they have contributed to our country. This is a bill which will return security, dignity, quality and humanity back to the aged-care sector. I acknowledge all the work that has gone into this bill. It has been, as I said, years in the making.”
Read the full speech in Hansard ↗ -
Karen Grogan Grogan supports the bill, saying it is a necessary first step to bring accountability and transparency to aged care after years of neglect.
“I commend these bills, particularly the accountability that we wish to bring into this system, the accountability and transparency.”
Read the full speech in Hansard ↗ -
Anne Urquhart Urquhart supports the bill and says it is a critical first step in reforming aged care after years of neglect and royal commissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out. warnings.
“I commend this bill to the members of this chamber, and I hope that all the members in this chamber will join us on the road to reform the aged-care sector.”
Read the full speech in Hansard ↗ -
Anthony Chisholm Chisholm supports the bill, saying it is an important first step to fix the neglect in aged care after a decade of inaction.
“So this legislation is an important first step in turning around the neglect that we have seen over the last 10 years. Anthony Albanese as Prime Minister is committed to it, and I'm confident in the ability of Minister Wells to take the steps necessary so that all Australians can retire in dignity and comfort, which is what they deserve. This is an important part of the incoming government's agenda. It's something on which we made a series of promises, and it's something that we are absolutely committed to delivering, and I expect the Australian people will be holding us to account.”
Read the full speech in Hansard ↗ -
Jess Walsh Jess Walsh supports the bill and says it delivers urgent aged-care reforms on funding, safety, oversight and transparency after years of neglect.
“This bill before the chamber implements a number of urgent reforms to funding, to quality and to safety in our aged-care sector. It introduces a new aged-care subsidy calculation as well as a code of conduct and banning order scheme. This bill extends the Serious Incident Response Scheme to aged care delivered in home settings and it addresses issues with the informed consent arrangements with respect to the use of restrictive practices in aged care. This bill strengthens the governance of approved providers and increases financial and prudential oversight. It enhances information-sharing across related sectors to enable proactive monitoring of cross-sector risks. All of this is about better protecting consumers and participants from harm.”
Read the full speech in Hansard ↗ -
Tony Sheldon Sheldon supports the bill and says it is urgently needed to improve older Australians' safety, care and oversight after the former government failed to act on the royal commissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out.'s findings.
“This bill will improve the health, safety and wellbeing of older Australians. Schedule 1 provides for the Australian National Aged Care Classification model for calculating aged-care subsidies. Schedule 2 facilitates the publication of star ratings, which will enable senior Australians, and their families, to make informed decisions about their aged care. Schedule 3 introduces the code of conduct for the aged-care sector. Schedule 4 extends the Serious Incident Response Scheme to approved providers of home care and flexible care. Schedule 5 strengthens the governance of approved providers. Schedule 6 facilitates increased information sharing between care and support sector regulators. Schedule 7 of the bill will increase financial and prudential oversight in respect of refundable accommodation deposits and bonds. Schedule 8 of this bill expands the functions of the renamed Independent Health and Aged Care Pricing Authority. And Schedule 9 enables an interim solution with respect to the requirement to obtain informed consent for the use of restrictive practices.”
Read the full speech in Hansard ↗ -
Deborah O'Neill O'Neill supports the bill and says it is urgently needed to fix a broken aged-care system left by the former government.
“It's appropriate that this bill pass as soon as possible.”
Read the full speech in Hansard ↗ -
Malarndirri McCarthy Malarndirri McCarthy strongly supports the bill, saying it delivers Labor's aged care commitments and will improve dignity, safety and staffing for older Australians.
“These changes, among many others, will build on our promise to deliver security, dignity, quality and humanity in care for every older Australian across the aged-care system.”
Read the full speech in Hansard ↗ -
Louise Pratt Pratt supports the bill and says Labor is bringing it forward urgently to implement long-overdue royal commissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out. reforms to aged care.
“The last government failed in its final days to bring forward any bill related to fixing the crisis in our aged-care system. This bill addresses that. It's more reflective of the recommendations of the royal commission's report. We have a bill before us that is already dangerously late in terms of responding to a damning royal commission that has implored us to increase funding to our aged-care sector. But, as I said, we as a Labor government have done this as urgently as possible.”
Read the full speech in Hansard ↗ -
Fatima Payman Payman supports the bill and says it is part of Labor’s plan to fix aged care after years of neglect.
“The Aged Care and Other Legislation Amendment (Royal Commission Response) Bill 2022 will see the establishment of a new code of conduct that will set high standards of behaviour for aged-care workers, approved providers and governing persons of approved providers to ensure they are delivering aged care in a way that is safe, competent and respectful. The bill will ensure improved information sharing between care and support sector regulators will enable proactive monitoring cross-sector risks and better protection of consumers and participants from harm. The bill also includes a series of measures that provide greater transparency and accountability for providers. Star ratings will be published for all residential aged-care services on My Aged Care by the end of 2022, and those star ratings will enable senior Australians, their families and carers to make informed decisions about aged care.”
Read the full speech in Hansard ↗ -
Nita Green Green supports the bill and says it is a long-overdue first step to fix aged care after years of neglect under the former government.
“This side of the chamber was listening to those workers, and that is why the passage of this bill is the foundation for a safer, more respectful workplace for Australia's aged-care workforce. It is the foundation of a more safe, healthy and dignified life for older Australians, Australians who have done their time, who have contributed to this country and who now deserve a dignified retirement. I commend this bill to the Senate.”
Read the full speech in Hansard ↗ -
Patrick Dodson Dodson supports the bill as an overdue first response to the royal commissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out., saying it will strengthen protection, transparency and accountability in aged care.
“This legislation is long overdue, and that's why the Albanese Labor government has introduced this bill at the very first available opportunity in this 47th Parliament. The Albanese government is determined to protect all people in aged care, especially those at risk of abuse and neglect at the hands of unscrupulous and uncaring operators.”
Read the full speech in Hansard ↗ -
Raff Ciccone Ciccone supports the bill and says it is a necessary and urgent response to the aged care royal commissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out..
“I want to stress that it is important and good to see that colleagues on the other side of the chamber are looking at supporting the legislation that the government has put forward. These are very, very important changes, important reforms, and many were recommended some time ago by the royal commission into aged care. But, now that we have a Labor government, I'm glad that we are finally getting on with the job of implementing these essential changes, and I hope that everyone in this chamber can support this necessary and urgent legislation, because, quite frankly, older Australians deserve so much better than the neglect and the abuse that they've experienced over many years.”
Read the full speech in Hansard ↗ -
Carol Brown Carol Brown supports the bill and says it delivers Labor's urgent aged care reforms, including more registered nurses, a new workforce code, better funding arrangements, and stronger transparency.
“This bill brings back care into the heart of aged care, and I commend the bill to the Senate.”
Read the full speech in Hansard ↗ -
Tim Ayres Ayres supports the bill as part of the Albanese government's effort to fix a broken aged-care system and deliver higher quality care for older Australians.
“Putting dignity, respect and humanity front and centre underpins our approach, the new Albanese government's approach, to fixing a broken system. We've introduced in the Senate a key piece of aged-care legislation, delivering on our promise to ensure older Australians receive the higher quality care that every single one of them deserves.”
Read the full speech in Hansard ↗ -
Katy Gallagher Gallagher supports the bill as an urgent set of aged care reforms that will improve safety, accountability and transparency for older Australians while implementing royal commissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out. recommendations that cannot wait.
“The Aged Care and Other Legislation Amendment (Royal Commission Response) Bill makes a series of amendments to aged care and other laws to implement several time-critical measures that are aimed at improving Commonwealth funded aged care for older Australians, and I thank other senators for their contributions to this debate today.”
Read the full speech in Hansard ↗ -
Anika Wells ★ Wells supports the bill and says it is the start of long overdue aged care reform, because it implements royal commissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out. recommendations and strengthens oversight, safety and accountability across the sector.
“We have seen, we have listened and we are now acting.”
Read the full speech in Hansard ↗
Coalition
7 speakers · 8 contributions · 6 support · 1 mixed
Coalition
7 speakers · 8 contributions · 6 support · 1 mixed
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Anne Ruston Ruston says the opposition will support the bill because it continues the aged care reforms started by the former coalition government and implements royal commissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out. recommendations.
“We will support this bill but, in the process of doing so, we will seek to amend it to make sure that the interests of older Australians are fulfilled.”
Read the full speech in Hansard ↗ -
Hollie Hughes Hollie Hughes says she supports aged-care reform in principle, but argues this bill is weaker than the royal commissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out. recommended because it drops worker screening rules and a legislated star-rating system.
“There are two things, though, that were recommended by the royal commission but will no longer be part of this reform. One is workers-screening regulations. We actually believe that people that go to work in these facilities should be working them correctly. They should go with the right intent, they should be qualified and they should be able to deliver the services that elderly Australians require. The other thing that's going to be missing is a legislated star-rating system. As we've talked about, for those of us that are facing the challenges—looking for facilities, looking at options for our parents—being able to see how a facility performs in a very simple way would actually be of benefit for a lot of families.”
Read the full speech in Hansard ↗ -
Richard Colbeck 2 contributions Colbeck supports the bill and says it should pass, because it advances aged care reforms from the royal commissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out. and includes useful measures like star ratingsThe rating system that lets families compare aged care homes using quality, compliance, staffing and resident experience information..
Hansard records 2 separate contributions by Richard Colbeck on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Colbeck supports the bill and says it should pass, because it advances aged care reforms from the royal commissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out. and includes useful measures like star ratingsThe rating system that lets families compare aged care homes using quality, compliance, staffing and resident experience information.. He criticises the exemption for Aboriginal community controlled health organisations and wants the government to restore the workforce registration provisions so the sector is more efficient.
“This piece of legislation is the second tranche of legislation in support of reforms out of the royal commission. It's not the first, as the government would like you to believe. It is the second piece of legislation that supports those reforms. It is an important piece of legislation. It should pass this place. But for the very reasons that I've mentioned in my contribution today, government members should go back and talk to their minister about protecting Indigenous Australians in ACCHO managed aged-care facilities around this country. They ought to go back and talk about a workforce registration program that already exists, rather than kowtowing to their union leaders, and save the sector some money and also save the taxpayers some money in the process, because it was a sensible and smart reform.”
Read this contribution in Hansard ↗Second reading speech
Colbeck says he supports the bill and wants it passed, describing it as important reform to improve aged care after the royal commissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out.. He criticises Labor for delaying it and says the government should restore the workforce registration scheme and better protect Indigenous Australians in residential aged careAged care delivered in a care home where older people live full time..
“As I indicated previously during my presentation, the Aged Care and Other Legislation Amendment (Royal Commission Response) Bill 2022 is an important piece of legislation. It's the second tranche of legislation in support of the reforms proposed by the Royal Commission into Aged Care Quality and Safety.”
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Perin Davey Davey says the opposition will support the bill because it is time-critical and important for the health, safety and wellbeing of older Australians.
“Ultimately, the opposition will not play games with this legislation. We will be supporting it for the health and the safety and the wellbeing of our older Australians. We will not delay the time-critical legislation just to play games, as was done by the opposition. And we implore the Albanese government to continue our generational reform of the aged-care system for the benefit of all residents. I commend this bill to the House.”
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David Van Van says the coalition will support the bill, because it continues aged-care reforms begun by the previous government and protects older Australians.
“The coalition is still committed to supporting Australians as they age, ensuring that they are afforded the dignity and the respect that they deserve in their later years of life, so we will support this bill. Unlike those opposite, we will not toy with the lives of elderly Australians simply for political gain. We will, however, continue to keep an eye on the government to ensure that they are acting in the best interests of elderly Australians and to ensure that they continue the coalition's work of delivering the reforms that are so needed, as outlined in the royal commission.”
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Sussan Ley Ley says the opposition will support the bill because it carries forward the royal commissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out. aged-care reforms the coalition had already introduced, but she criticises Labor for delaying the changes and for removing the coalition’s worker-screening schedule.
“The opposition supports the Albanese government in continuing our work on the fundamental and generational reform of the aged-care system to ensure that it meets the needs of senior Australians both now and into the future. And, of course, the opposition will support this bill because it mirrors the royal commission response bill that we introduced in the last parliament. And, of course, it delivers the second stage of critical aged-care reform that was commenced by our government in response to the royal commission's final report.”
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Wendy Askew Askew says the opposition supports the bill because it revives the coalition's aged-care reform package and delivers the second stage of royal commissionThe inquiry that investigated aged care failures and produced the recommendations this bill is meant to carry out. changes.
“The opposition support this bill, the Aged Care and Other Legislation Amendment (Royal Commission Response) Bill 2022, as it is a revised version of the royal commission response bill that the coalition introduced in the last parliament.”
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Greens
1 speaker · 1 support
Greens
1 speaker · 1 support
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Janet Rice ★ Rice says the Greens will support the bill because it is an interim step to improve aged care, but she argues it should go further on allied health funding and restrictive practicesActions that limit a person's movement or freedom, which this bill tries to regulate more tightly and consent to properly..
“Overall, we are broadly supporting this bill, but we have two major concerns with it as it stands. One is the lack of mandatory requirements for the provision of allied health services under the new AN-ACC funding model. Allied health services like physiotherapy play a vital role in maintaining the wellbeing of older Australians. Without adequate access to allied health services, many residents of aged care and many people receiving home support would not be able to adequately manage their pain or reduce their risk of falls. Physiotherapy, for example, has been shown to decrease falls by 55 per cent. Under the previous funding model, the provision of allied health services, or a certain amount of allied health services, was mandatory. It is now no longer mandatory under the AN-ACC. The allied health professionals that I have spoken to are extremely concerned. We know that it is so important for older people to get those services as they require them—and physio, for example, is critical.”
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Minor parties and independents
1 speaker · 1 support
Minor parties and independents
1 speaker · 1 support
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David Pocock ★ Pocock supports the bill and wants it passed quickly, saying the aged care reforms are urgently needed and a great first step.
“It is great to see that this is the first bill that we're being charged to consider, and I'm glad to play my part in seeing it become law. While this bill is for transitional arrangements, the changes are urgent and desperately needed. However, this bill should not be beyond a measure of some simple scrutiny. While I thank the minister, her staff and her department for engaging early and providing high-level briefings, a single day to get across the detail contained within these 147 pages is not enough. We cannot properly do our work here in the house of review if we are not given the time to view the details, consult with our communities and reach out to experts. I hope the time lines placed on this bill are an exception and not the rule, and, where fast time frames are needed, I would encourage the government to do us the courtesy of releasing an exposure draft. However, I do recognise how important it is to pass this bill and the reforms within it and to put in place codes of conducts and clear up the governance arrangements of aged-care providers.”
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Record
Full record
- Act title
- Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022
- Act number
- Act No. 34, 2022
- Became law
- 05 Aug 2022
- Takes effect
-
- Sections 1 to 3 and anything in this Act not elsewhere covered by this table 05 Aug 2022
- Schedule 1 01 Oct 2022
- Schedule 2 06 Aug 2022
- Schedule 3 01 Dec 2022
- Schedule 4, Part 1 01 Dec 2022
- Schedule 4, Part 2 06 Aug 2022
- Schedule 5 01 Dec 2022
- Schedule 6 06 Aug 2022
- Schedule 7 06 Aug 2022
- Schedule 8 12 Aug 2022
- Schedule 9 06 Aug 2022
- Registered
- 08 Aug 2022
- Administered by
- Department of Health, Disability and Ageing
- Final law metadata was collected from the APH progress table; commencement rows were parsed from the bill text.
- Status
- Act -- Collected from the APH bill page.
- Originating house
- House of Representatives
- 27 July 2022
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 27 July 2022
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
- 27 July 2022
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
- 27 July 2022
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
- 27 July 2022
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
- 27 July 2022
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 27 July 2022
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
- 28 July 2022
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
- 01 Aug 2022
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
- 01 Aug 2022
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
- 01 Aug 2022
Senate · Committee of the Whole debate
Committee of the Whole debate
The bill reached this recorded parliamentary step.
- 02 Aug 2022
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
- 02 Aug 2022
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
- 05 Aug 2022
Assent · Assent
Assent
The Governor-General gave Royal Assent, turning the bill into an Act.