Senate Community Affairs Legislation Committee, , 2:05:40 to 2:11:14
Review of the Ombudsman's report concerning the priority algorithm used in aged care assessments and the timing of ministerial advice.
Topics: Social services, Integrity
Speakers: Senator The Hon Anne Ruston, Mr Robert Day, Mr Blair Comley, Ms Sonja Stewart
So uh can I just correct one thing I said? I said we needed to get approval from the Ombudsman to give it to the ministers. I've been advised that's not the case. When the letter came to us, it was copied. Uh a letter was also sent to the ministers advising them we'd receive such a report. That was on the 28th of August.
So they only get a letter to say that you were receiving the report. Yep, okay.
But on the 31st of August, as a courtesy, we rang the Ombudsman office to say would there be any objection to provide it to the ministers, which they said that was fine. Um the report was then provided to Minister Ray and Minister Butler on the 2nd of September.
Okay, thank you. Right. Um question in terms of timing, then was the Minister aware of draft recommendation one that delegates be able to substitute their own decisions for the decisions that were made by the algorithm before the escalation pathway amendments were
Well, the Minister was aware of the report and then tabled.
Sorry. Sorry, and tabled.
Let me let me be clear. A brief was provided to the Minister via our normal document system on the 2nd of September, when the Minister read it. That's not a it's not, I don't know. Um the drafting instructions were being worked on for the escalation pathway, I'd have to turn to the team to get the precise timing.
So if the understanding I'll just have to find the date, but my understanding was that the escalation pathway was announced. Um I might need to get Mr. Day announced earlier.
Good morning, Senator Roberts Day, First Assistant Secretary, Strategy Quality and Assurance Division. Um the government had announced its intention to implement the escalation pathway on the 2nd of July. Um and we'd been working on drafting instructions to give effect to that from that time onwards.
Okay. So when the matter was before the Senate, the Minister was aware. So the introduction of the escalation pathway. Um when you said Michelle, let's take a step back. You said the Minister made the with the escalation pathway was something that was announced by the Minister when? Did you say? 7th of July. What 2nd of July? And and by what mechanism did the Minister say that the escalation pathway was being looked at Can you table that announcement?
There was definitely media where the Minister spoke of it on that day or shortly thereafter. I have to take on notice when there was a press release.
Okay, well, I'd just be be interested to see what was actually said in on the 2nd of July in relation to that, and if so, if you could table whatever communications statements were made in relation to that announcement so we can get the exact wording. So I'm interested to understand if that's the case. Um why wasn't it added to the bill until September?
So when the Minister announced that, then the department needed to do uh work to um uh consider what sort of options there would be for the escalation pathway. Um there were many different uh well, there were a few um different optionalities around that. So uh advice we were considering what those options were and um formulating views.
Yeah, that's correct. So the the form of the announcement on the 2nd of July was that the government intended to bring an amendment forward in the winter sitting and that there would be work with stakeholders between the the day of that that announcement and the winter sitting to determine the form that the escalation pathway would take.
So the original bill was introduced. On the 1st of July. So at what point what point did the Minister decide that or the Department decide that to tack this amendment onto a bill that to a large extent didn't really have anything to do with that bill apart from clearly it was an aged care bill. Just keen to understand, are you are you talking about the escalation pathway? Or are you talking about the prioritization review? Which I know the Minister did refer to at about that time.
So my recollection, Senator, is it was around about the second of June that the Minister announced the rapid review of the priority algorithm and then there was a set of two different things.
Okay, thank you. Okay, so um on the Minister then was clearly aware, as was the Department from the end of August, very very early September of the recommendation of the Ombudsman in relation to the human override component of the recommendation. So I'm just trying to understand. So the Minister was clearly aware when he put this bill to the Senate of the recommendations of the Ombudsman.