This bill became law on Aug 17th, 2023.
Health, care & disability
The government can make transition rules so actions taken by the interim Inspector-General of Aged CareThe temporary version of the office that operated inside the department before the statutory office was established. carry over to the new legal office.
The aged care Royal CommissionThe major inquiry that exposed failures in aged care and recommended creating an Inspector-General. exposed systemic failures and found there was no independent body to oversee the system and drive improvement. This bill supports the new Inspector-GeneralThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements. by letting records, information and existing work transfer into the statutory officeAn office created by law, which gives the Inspector-General a formal legal basis and its own powers. so oversight can continue from before and after it starts.
After the aged care Royal CommissionThe major inquiry that exposed failures in aged care and recommended creating an Inspector-General.’s March 2021 final report exposed systemic failures and said the Commonwealth needed an independent Inspector-General of Aged CareThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements., the government funded the new watchdog in October 2022 and set up interim arrangements inside the department. This 2023 bill responded by making sure information, records and existing investigations could move into the statutory officeAn office created by law, which gives the Inspector-General a formal legal basis and its own powers. so oversight of aged care could continue seamlessly, and that framework was locked in when Parliament passed the bill and it received Royal Assent in August 2023.
The main criticism was that the bill was too limited and needed stronger safeguards around rights, monitoring and regular consultation, rather than simply setting up the new office and transition rules. These concerns were raised in a narrow, mostly conditional way by the Greens and echoed as implementation cautions by a few supportive MPs and senators, while no party represented in the debate opposed the bill.
Anika Wells MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 17 Aug 2023
Final passage
Passed without a counted vote
1 recorded amendment or procedural vote was found, but no counted vote on the bill itself was recorded.
Passage speed
148 days
From introduction to the latest recorded parliamentary step
Meaning
The government can make transition rules so actions taken by the interim Inspector-General of Aged CareThe temporary version of the office that operated inside the department before the statutory office was established. carry over to the new legal office.
The law lets aged care information be shared with the Inspector-General of Aged CareThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements. so the office can do its oversight work.
A person already investigated by the Inspector-General of Aged CareThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements. can face a second investigation by the National Anti-Corruption CommissionThe federal corruption watchdog that can investigate some of the same conduct if doing so is in the public interest. only if that is in the public interest.
Records held by the interim Inspector-General of Aged CareThe temporary version of the office that operated inside the department before the statutory office was established. and departmental staff helping that office are transferred to the new statutory Inspector-General of Aged CareThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements..
The Inspector-General of Aged CareThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements. can review Commonwealth aged care actions and decisions from both before and after the new office formally starts.
This item enables rules to be made which will prescribe matters of a transitional or consequential nature. Rules may prescribe actions of the interim Inspector-General of Aged Care performed under interim administrative arrangements as having been performed by the Inspector-General under the statutory arrangements to be established under the IGAC Act at the transition time.Inspector-General of Aged Care (Consequential and Transitional Provisions) explanatory memorandum
The bill amends the Aged Care Act 1997 and the Aged Care Quality and Safety Commission Act 2018 to ensure information can be shared with the inspector-general for the purpose of carrying out its functions.Minister's second reading speech
The bill also amends the National Anti-Corruption Commission Act 2022 to require that a person, having already been investigated by the inspector-general, can only be investigated by the commission where it is in the public interest to do so.Minister's second reading speech
This item provides that any records or documents in the possession of the interim Inspector-General, or an APS employee of the Department who was assisting the interim Inspector‑General, before the transition time are deemed to be transferred to the Inspector-General after the transition time.Inspector-General of Aged Care (Consequential and Transitional Provisions) explanatory memorandum
Item 3 authorises the Inspector-General to consider actions and decisions undertaken by the Commonwealth, as they relate to the performance of the Inspector-General's functions provided for in paragraphs 10(1)(a) to (d) of the IGAC Act, whether they occurred before or after the transition time.Inspector-General of Aged Care (Consequential and Transitional Provisions) explanatory memorandum
Context
After the aged care Royal CommissionThe major inquiry that exposed failures in aged care and recommended creating an Inspector-General.’s March 2021 final report exposed systemic failures and said the Commonwealth needed an independent Inspector-General of Aged CareThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements., the government funded the new watchdog in October 2022 and set up interim arrangements inside the department. This 2023 bill responded by making sure information, records and existing investigations could move into the statutory officeAn office created by law, which gives the Inspector-General a formal legal basis and its own powers. so oversight of aged care could continue seamlessly, and that framework was locked in when Parliament passed the bill and it received Royal Assent in August 2023.
Aged care Royal CommissionThe major inquiry that exposed failures in aged care and recommended creating an Inspector-General. final report calls for an Inspector-GeneralThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements.
The final report said aged care failures needed stronger independent oversight and recommended creating an Inspector-General of Aged CareThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements. to monitor the system and drive improvement.
Inspector-General of Aged Care (Consequential and Transitional Provisions) explanatory memorandum ↗Government funds the new Inspector-General of Aged CareThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements.
The government committed $38.7 million over four years to establish the Inspector-GeneralThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements., turning the royal commissionThe major inquiry that exposed failures in aged care and recommended creating an Inspector-General. recommendation into a funded reform project.
Inspector-General of Aged Care (Consequential and Transitional Provisions) explanatory memorandum ↗Bills are introduced to move the interim watchdog into law
The minister introduced the legislation to support the new statutory officeAn office created by law, which gives the Inspector-General a formal legal basis and its own powers. by allowing aged care information, records and existing work to transfer from interim departmental arrangements.
Hansard ↗Parliament passes the bill
Both houses passed the bill, clearing the way for the statutory Inspector-GeneralThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements. to inherit records, information-sharing powers and transitional arrangements from the interim office.
Parliamentary timeline ↗Royal Assent makes the transition framework law
Royal Assent turned the bill into an Act, completing the legal framework needed for the new Inspector-General of Aged CareThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements. to operate as a statutory watchdog.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Referred to Committee (23/03/2023): Senate Community Affairs Legislation CommitteeThe Senate committee that examined the bill and reported on support for the Inspector-General bills and concerns raised by submitters.; Committee report (28/04/2023)
Referred to committee
APH bill page notesThe bill reached this recorded parliamentary step.
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
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
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
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal Assent, turning the bill into an Act.
Key criticism
The main criticism was that the bill was too limited and needed stronger safeguards around rights, monitoring and regular consultation, rather than simply setting up the new office and transition rules. These concerns were raised in a narrow, mostly conditional way by the Greens and echoed as implementation cautions by a few supportive MPs and senators, while no party represented in the debate opposed the bill.
Criticism focused on safeguards and implementation, not on rejecting an independent inspector-generalThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements..
Does not go far enough on rights and monitoring
The strongest substantive criticism was that the legislation set up the inspector-generalThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements. but did not strengthen rights protections and monitoring enough, so further amendments were needed.
Needs stronger consultation safeguards
Some concerns were about how the new inspector-generalThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements. would operate in practice, especially that the office should be required to consult the aged-care sector and older people regularly when setting annual work plans.
Risk of an underpowered office
Several supporters warned the inspector-generalThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements. would only be effective if it was properly resourced and backed by wider aged-care reforms, otherwise the new oversight body could fall short in practice.
Further sources
Votes
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.
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 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.
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 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.
Recorded amendment and procedural votes grouped by chamber. Expand a vote to see the party breakdown.
Senate
Passed 40 to 19. Support came from Liberal Party, UAP, Nationals, Greens, and minor parties and independents. Opposition came from Labor.
The amendment was agreed to, so the Senate’s second-reading position on the bill included this call about workforce pressure in aged care.
These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.
Parliamentary debate
Start here — lead voices
Wells supports the bill as necessary to set up the Inspector-General of Aged CareThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements., explaining that it makes the consequential and transitional changes needed for the new office to operate.
Read in Hansard ↗Haines supports the bill as a needed first step toward stronger oversight of aged care, because she says it will improve transparency, accountability and pressure the government to implement the royal commissionThe major inquiry that exposed failures in aged care and recommended creating an Inspector-General.'s recommendations.
Read in Hansard ↗Kylea Tink supports the bill and says it is a positive first step toward stronger independent oversight of aged care.
Read in Hansard ↗Tim Ayres supports the bill, saying it makes the consequential and transitional changes needed to establish the Inspector-General of Aged CareThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements. and move from interim administrative arrangements to the statutory officeAn office created by law, which gives the Inspector-General a formal legal basis and its own powers..
Read in Hansard ↗All speeches by bloc
10 speakers · 11 contributions · 10 support
“The Inspector-General of Aged Care (Consequential and Transitional Provisions) Bill 2023 makes consequential and transitional amendments to Commonwealth laws to support the establishment of the Inspector-General of Aged Care.”Read the full speech in Hansard ↗
“I believe this legislation is a good step in the right direction. I hope the Inspector-General will be able to delve into some of the matters that I and other speakers in this debate have referred to and bring some accountability and transparency to the process of managing people under aged-care services in this country. I commend the legislation to the House.”Read the full speech in Hansard ↗
“Importantly, these bills establish an independent inspector-general of aged care who will impartially monitor and investigate the Commonwealth's administration and regulation of aged care. We are a transparent government, unlike the former Morrison government and the former Prime Minister's secretly held portfolios—secret from the public and secret from the ministers themselves; the former Prime Minister assumed those responsibilities, named himself a minister and didn't even bother to tell those ministers that he'd taken over their responsibilities. As a government, we want to ensure that the aged-care sector is equally transparent. It is so important. As recommended by the royal commission, the inspector-general will look at serious and ongoing problems associated with the design and operations of the aged-care sector and will specifically look at issues that are complex and interconnected and that have not been addressed adequately. This is really important work. The bill also provides the inspector-general with powers to monitor and report on the implementation of the recommendations of the royal commission, which is crucial. Remember that report? The title: Neglect. The onus of neglect firmly sits with those on the opposite side of this chamber. As a government, in the words of the Minister for Aged Care, the Hon. Anika Wells:”Read the full speech in Hansard ↗
“I think that this bill goes to addressing that. I commend the bill to the House.”Read the full speech in Hansard ↗
“The legislation before the chamber will make sure that we do, and I commend it to the House.”Read the full speech in Hansard ↗
“This bill allows for the appointment of an independent Inspector-General of Aged Care, which will drive accountability and transparency across the system. Accountability and transparency in aged care are key pillars of the promises we made to the Australian people, and this legislation is about holding ourselves to the same high standards we're asking of the sector. The inspector-general will be responsible for monitoring the administration and regulation of the aged-care sector as well as monitoring, reviewing and reporting to the minister, parliament and public the progress of implementing the recommendations of the royal commission report.”Read the full speech in Hansard ↗
“We're committed to independent monitoring, investigations and reporting of the aged-care system under the Inspector-General of Aged Care Bill.”Read the full speech in Hansard ↗
“The consequential and transitional provisions bill amends the other legislation which governs the aged-care system, to facilitate the provision of information to the inspector-general that is subject to secrecy provisions.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Anika Wells on this bill. They are grouped here so the speaker is listed once.
Minister's second reading speech
Wells supports the bill as necessary to set up the Inspector-General of Aged CareThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements., explaining that it makes the consequential and transitional changes needed for the new office to operate. She says it will also allow information sharing and provide transitional arrangements from the interim departmental setup to the statutory inspector-generalThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements..
“Finally, the bill provides for transitional arrangements to move from the interim administrative arrangements within my department to the statutory inspector-general.”Read this contribution in Hansard ↗
Second reading speech
Wells supports the bill and says it will create an independent Inspector-General of Aged CareThe new independent watchdog that reviews how the Commonwealth runs aged care and reports on problems and improvements. to improve transparency, accountability and oversight of the aged care system. She argues it is needed to address long-running systemic problems and to keep the royal commissionThe major inquiry that exposed failures in aged care and recommended creating an Inspector-General.'s recommendations from being forgotten.
“The bills establish an independent Inspector-General of Aged Care who will impartially monitor and investigate the Commonwealth's administration and regulation of the aged-care system. As recommended by the royal commission, the Inspector-General will look at serious and ongoing problems associated with the design and operation of aged care through a systemic lens—issues that have proven to be persistent, complex and interconnected. The bill also empowers the Inspector-General to monitor and report on the implementation of the recommendations of the royal commission, which, as the member for Indi said, is a very important tool to make sure the final report isn't just another report that collects dust.”Read this contribution in Hansard ↗
“I rise to support the Inspector-General of Aged Care (Consequential and Transitional Provisions) Bill 2023. This bill is another step in our journey to fix aged care, something we are absolutely committed to for the wellbeing of our older Australians and the workers who care for them.”Read the full speech in Hansard ↗
13 speakers · 12 support · 1 mixed
“With those comments, again, I commend the work of the members of the royal commission. This measure is a recommendation of the royal commission. We in the coalition committed to implementing this after the royal commission's recommendations were provided to government, and we very happily support this bill progressing through the parliament. I commend the legislation to the House.”Read the full speech in Hansard ↗
“I'm pleased to support the Inspector-General of Aged Care Bill 2023 and the role of the Inspector-General of Aged Care for a number of the reasons that've been outlined by previous speakers, but in particular the capacity to provide that independent oversight of, or for reviewing, systemic issues and constantly drive improvement.”Read the full speech in Hansard ↗
“The coalition believes the establishment of an inspector-general of aged care is important to ensure the aged-care sector remains well supported. We will support this legislation we're debating, to permanently establish an inspector-general of aged care and an associated statutory office. Like I said, in this place we should be cognisant of supporting the aged-care sector and we think this legislation here goes some important way to doing that.”Read the full speech in Hansard ↗
“As I indicated, I will be supporting this bill. Aged care is a sector that has looked after many Australians, including my own parents, but in some cases it has let them down. It is a complex area. It is a challenging area for providers. It is a challenging area for families seeking to get their family members into the area. The coalition, having launched this royal commission, supports recommendation 12 and the establishment of this inspector-general, and I will be supporting the bill.”Read the full speech in Hansard ↗
“I rise to make my contribution on the Inspector-General of Aged Care (Consequential and Transitional Provisions) Bill 2023. The government's approach to this piece of legislation is symptomatic of their approach to the reform of the aged-care system since they came to government, because this piece of legislation should have been passed by now. The Inspector-General of Aged Care should have been a formal position by now, not an acting position as it currently is.”Read the full speech in Hansard ↗
“I rise to speak in support of this Inspector-General of Aged Care legislation and the role of the Inspector-General of Aged Care. The coalition, when in government, embraced this recommendation and pledged to create an Inspector-General of Aged Care. This was done with the explicit intention of offering independent oversight over our aged-care system to ensure transparency, accountability and confidence for all.”Read the full speech in Hansard ↗
“The coalition will back this legislation to permanently establish the Inspector-General of Aged Care and associated statutory office.”Read the full speech in Hansard ↗
“We believe that the establishment of the Inspector-General of Aged Care is important to ensure that the aged-care sector remains supported, and we will support this legislation to permanently establish the Inspector-General of Aged Care and associated statutory office.”Read the full speech in Hansard ↗
“Imagine an Australia where, no matter where you live, no matter how far from the city you are, aged care at the highest level is a given—where your family would be close to you, you would be looked after and all the things you hoped for in your retirement would be provided. It's incredibly hard in a country like Australia, where we are so spread out, where we are so wide, where we have such tyranny of distance in many of our areas. This role of inspector-general can help sort some of these problems out. We will never have a perfect aged-care system not because of a lack of care, and not for lack of trying, but because it is so hard to care for everyone. But we can strive, and these bills, the Inspector-General of Aged Care Bill 2023 and the Inspector-General of Aged Care (Consequential and Transitional Provisions) Bill 2023, are a step in that direction.”Read the full speech in Hansard ↗
“The coalition is supporting this bill because we do believe that the desire to permanently establish an inspector-general for aged care, transitioning the temporary arrangements for the interim inspector-general to a permanent one, is a good thing to ensure more oversight in the operations of the aged-care sector and to ensure better quality of life and safer care for all.”Read the full speech in Hansard ↗
“The purpose of the Inspector-General of Aged Care Bill 2023 is to establish an independent inspector-general of aged care to monitor, investigate and report on the Commonwealth's administration of the aged-care system, to provide oversight of the Commonwealth's aged-care complaints and management processes and provide a framework for the inspector-general to publicly report to the minister and parliament on the administration of the aged-care system. Ultimately, the bill intends to facilitate a positive change for older Australians and the sector generally, which is something I'm very supportive of.”Read the full speech in Hansard ↗
“The coalition will support this legislation to permanently establish the Inspector-General of Aged Care and the associated statutory office because it is through this establishment that reform, innovative ideas and problems can and should be explored and change embraced.”Read the full speech in Hansard ↗
1 speaker · 1 support
“I'm pleased to be sharing the Greens' support for this legislation. It will improve people's lives. It's much needed and will have a major impact on older Australians. I can foreshadow that we will move an amendment during the Committee of the Whole stage of the bill, for which we are hoping for government support, reflecting our prioritisation of regular monitoring and evaluation, which is an issue we will continue to advocate for.”Read the full speech in Hansard ↗
2 speakers · 2 support
“In conclusion, this bill is a good start, but I want to see the remaining recommendations of the royal commission implemented and I want to see that done urgently. One major recommendation was a whole new aged-care act, which, I understand, the government is drafting. And any new legislation must focus on the safety, health and wellbeing of older people and put their needs and preferences absolutely at the centre, absolutely first.”Read the full speech in Hansard ↗
“With that said, I do stand in full support of this bill, which establishes the new Inspector-General of Aged Care to provide independent oversight of the age-care system.”Read the full speech in Hansard ↗
Record
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.
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.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
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.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
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.
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.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
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.
Senate · Committee of the Whole debate
Committee of the Whole debate
The bill reached this recorded parliamentary step.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal Assent, turning the bill into an Act.
Senate Community Affairs Legislation Committee; Committee report (28/04/2023)
Referred to committee
Referred to Committee (23 Mar 2023): Senate Community Affairs Legislation Committee; Committee report (28 Apr 2023)
APH bill page notes
