Speakers: Mr Robert Day, Senator The Hon Anne Ruston, Senator The Hon Jenny McAllister, Mr Blair Comley, Unknown Speaker

Transcript

Mr Blair Comley

As people iterated through different approaches to how you could do a human override.

Senator The Hon Anne Ruston

So who's when you say people, people within the department?

Mr Blair Comley

Well, I think we've already given evidence there were people in the department, there were people in the Minister and Minister's offices and there were external stakeholders who take views.

Senator The Hon Anne Ruston

So can I go to that then? Recommendation four says any amendments to the act should be preceded by meaningful public consultation. Was there any public consultation in on the escalation pathway amendments before they were tabled?

Mr Robert Day

Senator, um there was a I would just probably describe it as targeted consultation, uh, which informed both the rapid review as well as the design of the escalation pathway.

Senator The Hon Anne Ruston

Who was that? And don't worry about the rapid review, I'm just asking about the escalation pathway. Um so that targeted consultation was with whom?

Mr Robert Day

Um I don't know if Miss Levitus has got that list in front of her.

Senator The Hon Jenny McAllister

I do thanks, Mr. Day. Uh Naomi Levithas for uh strategy quality and safety division. Um the list for of the targeted stakeholders for the rapid review.

Senator The Hon Anne Ruston

No, no, no, no. Oh, yeah. The um the escalation pathway, please. And only the escalation pathway.

Mr Robert Day

So I've got it if I've got it.

Senator The Hon Jenny McAllister

Sorry, Rob.

Mr Robert Day

Um so we had workshops, and as I say, I know I know you're interested in the escalation pathway. Often these workshops to both purposes.

Senator The Hon Anne Ruston

Only the escalation pathway. Please do not confuse the two.

Mr Robert Day

So I guess to be to be clear in my evidence, Senator, we had these workshops. At the start of the workshops, we explained to the stakeholders that the government had commissioned a rapid review in the priority algorithm, but had also announced an intention to develop an escalation pathway and that we would use the conversation to inform both of those pieces of work. Um in that series of conversations, uh, we met with the council on the ageing and the older person's advocacy network. Uh we met with staff from the uh age care quality and safety commission.

Senator The Hon Anne Ruston

That's one of yours, though, isn't it?

Mr Robert Day

Um it's a government.

Senator The Hon Anne Ruston

Yeah, yeah. I it the the thing, my question was specifically around the umbudsman's recommendation about meaningful public consultation about changes to the act or the rules.

Mr Robert Day

So uh continuing that list, um, we met with members of the age care advisory council, um, representatives of the Australian and New Zealand Society for Geriatric Medicine, um, representatives of the single assessment improvement working groups, that's assessment organisations, both state and territory government and non-government organisations. Uh we had a separate conversation with Aboriginal and Triestrade Islander assessment organisations. Um we met with the Council of Elders and with Aging Australia.

Senator The Hon Anne Ruston

Okay, and were all of these people provided um copies of the rules that related to the escalation pathway?

Mr Robert Day

Um at the point at time we were doing these targeted consultations we didn't have draft rules.

Senator The Hon Anne Ruston

Did you provide did you do any targeted public consultations in relation to changes to the rules that would facilitate this change?

Mr Robert Day

Um The Department didn't directly. Um I did have conversations with some stakeholder organisations who had seen drafts of the rules and had questions about them.

Senator The Hon Anne Ruston

So how did they see them?

Mr Robert Day

Um I understand that they've been shared through the Minister's Office.

Senator The Hon Anne Ruston

And were they told that they were not to share them with anybody else?

Mr Robert Day

I wasn't paid for those conversations.

Senator The Hon Jenny McAllister

Senator, it's not unusual for ministers to consult with stakeholders.

Senator The Hon Anne Ruston

No, I don't think I said that it was. I'm just asking whether the rules that were apparently provided to you do we know who the rules were provided to?

Mr Robert Day

Um I I wouldn't want to speak for the Minister or the Minister's Office in terms of who they spoke to. Um that probably would be going too far.

Senator The Hon Anne Ruston

Okay. So in your response you talk about supported by targeted stakeholder engagement and balancing the need for consultation with legislative time frames. Um we appear to not really know who they were. So do you believe on that basis the department has met the standard of recommendation for for the escalation pathway in providing meaningful public consultation?

Mr Robert Day

So I think we undertook genuine consultation in the period between the minister's announcement and providing the legislation being tabled in Parliament. Um as you noted, Senator, there was also a Senate inquiry into that legislation and government made it clear that it would consider that that report as part of its consultation as well.

Senator The Hon Anne Ruston

Also in the FOI documents that were received in relation to this matter.