House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Senior Australians and Aged Care and the Minister for Indigenous Health, the Hon Ken Wyatt AM, MP)

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Aged Care Quality and Saftey Commission (Consequential Amendments and Transitional Provisions) 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 purpose of the Aged Care Quality and Safety Commission (Consequential Amendments and Transitional Provisions) Bill 2018 (the Bill) is to address consequential and transitional matters that arise from the enactment of the Aged Care Quality and Safety Commission Act 2018.

This Bill will repeal the Australian Aged Care Quality Agency Act 2013 and the Australian Aged Care Quality Agency (Transitional Provisions) Act 2013. In addition it will make consequential amendments to the Aged Care Act 1997 and Associated Principles to replace references to:

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the CEO of the Aged Care Quality Agency;

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the Aged Care Quality Agency; and

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the Aged Care Complaints Commissioner;

with the Aged Care Quality and Safety Commissioner.

Most importantly this Bill provides for the administrative matters required to transfer the functions and operations of the Australian Aged Care Quality Agency and Aged Care Complaints Commissioner into the new Aged Care Quality and Safety Commission. Importantly, this Bill provides for the continuation of the appointments of the members of the existing Aged Care Quality Advisory Council, as members of the new Aged Care Quality and Safety Advisory Council. This will enable the new Advisory Council to commence operations immediately, and will provide stability and experience in the advice being provided to the Commissioner and to the Government.

Human rights implications

The Aged Care Quality and Safety Commission (Consequential Amendments and Transitional Provisions) Bill 2018 (the Bill) is a companion Bill to the Aged Care Quality and Safety Commission Act 2018. This Bill is necessary to give effect to the Government's reforms to the regulation of aged care.

The Bill is compatible with the right to an adequate standard of living and the right to 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.

While this Bill does not explicitly engage the right of a person's 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, this Bill provides transitional arrangements for the commencement of the Aged Care Quality and Safety Commission. The Aged Care Quality and Safety Commission Act 2018 focuses on the operation of a regulatory framework that will protect and enhance the safety, health well-being and quality of life of aged care consumers.

This Bill assists in achieving this objective by transitioning responsibility for the accreditation, assessment and monitoring of, and complaints handling of aged care services and Commonwealth-funded aged care services to the Aged Care Quality and Safety Commission.

The Bill engages the right to not be subjected to arbitrary or unlawful interference with their privacy, family, home or correspondence, nor to unlawful attacks on their honour and reputation contained in article 17 of the International Covenant on Civil and Political Rights.

Conclusion

The Aged Care Quality and Safety Commission (Consequential Amendments and Transitional Provisions) 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. This Bill is compatible with human rights because it promotes the human right to the enjoyment of the highest attainable standard of health and, to the extent that it limits the human right to protection against arbitrary interference with privacy, those limitations are reasonable, necessary and proportionate.