Aged Care Bill finally passes Senate

Labor's Aged Care Bill 2024 has overcome yet another hurdle, with the Senate passing the landmark legislation on Thursday.

Now, only the lower house's tick of approval stands between the Bill and it's passage into federal law next week, which suggests the Albanese government will be successful in their bid to pass the rights-based act before the end of the year.

The Coalition has been a stiff opponent throughout the Bill's months-long negotiation process and have used feedback received during nine public Senate Committee Inquiry hearings (which took place in every state and territory) to push for further amendments last week before confirming their support.

Key Coalition amendments include:

• The removal of caps on cleaning and gardening services under the Government's new Support at Home program
  
• Greater transparency and accountability for the Aged Care Complaints Commissioner and the assurance that provisions placed on providers by the Aged Care Quality and Safety Commission are subject to the scrutiny of the Parliament
  
• The addition of legislation that will protect an aged care resident's right for access to their designated support person
  
• Additional inquiries are to be undertaken into the Bill's associated Rules, with the aim of open communication around how the reforms will be implemented and receiving consumer feedback

The Government has also committed to release an additional 83,000 home care packages to address significant waitlists issues.

Related stories: Aged Care Bill down to the wire: home care caps scrapped, Transition Taskforce announced | Life and death on the waitlist | “Several shortcomings:” Inquiry proposes Aged Care Bill amendments

The sector has reacted positively to the news, whilst also taking the opportunity to voice concerns.

Aged and Community Care Providers Association (ACCPA) chief Tom Symondson reminded the government of peak bodies' calls for realistic implementation timelines and increased support for providers during the reform.

“We congratulate our elected politicians for putting older Australians and the future of aged care above party politics, passing the Aged Care Bill in the Senate, with rare bipartisan support,” Mr Symondson said.

“The old Act was no longer fit for purpose for delivery of services to older people and nor was it fit for purpose to address Australia’s rapidly ageing population.

“Reforms of this magnitude will take time to implement ... we can’t have a situation where parts of the new Act can’t be achieved due to a lack of lead time and funding.

“We need certainty, we need support, and we need time. Everyone wants these reforms to succeed and we only get one chance to get this right.”

It has been a long journey since Aged Care Minister Anika Wells addressed the National Press Club last June, with her agenda to replace the existing Aged Care Act of 1997 and ensure the sector would remain financially sustainable, and even longer since Royal Commissioners published their final report on the quality and safety of Australian aged care on March 1, 2021.

Council on the Ageing (COTA) chief Patricia Sparrow wants to ensure that both politicians and providers recognise that the new Act marks an important beginning, not an end.

“Of course this isn’t the end point. We know that neglect of older people in aged care has been rife for too long and the passing of the Act won’t stop that today, but it is the solid foundation that we needed put in place to work from,” Ms Sparrow said.

“We can never forget the reason this Act was introduced in the first place: neglect. For too long older people have been subjected to horrific neglect in Australia and this Aged Care Act was a necessary step in finally changing that. It shifts the focus of where it should be – away from the aged care providers and to the older person themselves.

“The Aged Care Act is crucial in delivering long awaited rights for older people that put their voices front and centre of the aged care system.

“Parliamentarians across the chamber should be congratulated on the work they’ve done to finally get this Aged Care Act passed through the Senate so the rights of older people can finally start to be protected.”