Explanatory Memorandum
(Circulated by authority of the Minister for Aged Care, the Hon Ken Wyatt AM, MP)Statement of Compatibility with Human Rights
This statement has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Aged Care (Single Quality Framework) Reform Bill 2018
The Bill is compatible with the human rights and freedoms recognised or declared in the international Instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill
The Bill enables the implementation of the new Aged Care Quality Standards that will apply to residential, home and flexible aged care services. The Bill exempts protected information mentioned in Part 7 of the Quality Agency Act from disclosure under the FOI Act.
Human rights implications
The Bill engages the following human rights:
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- the right to an adequate standard of living
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- the right to the enjoyment of the highest attainable standard of physical and mental health;
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- the right to protection from exploitation, violence and abuse; and
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- the right to not be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
The Bill is compatible with the right to an adequate standard of living and the right to the enjoyment of the highest attainable standard of physical and mental health as contained in article 11(1) and article 12(1) of the International Convention on Economic, Social and Cultural Rights, and articles 25 and 28 of the Convention of the Rights of Persons with Disabilities.
The Aged Care Quality Standards focus on achieving quality outcomes for consumers by enabling consumers and carers to influence the design and delivery of the services in order to ensure that they are consistent with the consumer's preferences. The standards support care recipients to achieve a high standard of living and high standards in their physical and mental health.
The Bill engages the right to protection from exploitation, violence and abuse as contained in article 20(2) of the International Covenant on Civil and Political Rights and article 16 of the Convention of the Rights of Persons with Disabilities. The standards are intended to promote the delivery of quality aged care services by accredited approved providers. The instrument is intended to increase protection for aged care residents against potential exploitation, violence and abuse.
The Bill engages the right to not be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation contained in article 17 of the International Covenant on Civil and Political Rights. The Bill supports the right to privacy by exempting protected information, which can include personal information, from disclosure under the FOI Act.
Conclusion
The Aged Care (Single Quality Framework) Reform Bill 2018 is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.