Aged Care Amendment (Restoring Human Override for Aged Care Needs Assessments) Bill 2026; Second Reading

Continued the debate

Senator Ruston argued that the bill restores the principle that care decisions should be made by qualified professionals rather than algorithms. Ruston stated that the legislation ensures the Integrated Assessment Tool supports rather than replaces professional judgement by restoring assessor discretion, improving transparency in decision notices, and allowing fresh assessments for those classified since November 2025. Ruston highlighted that the tool had not been clinically validated or tested in live trials, noting that the removal of human override was a budgetary decision made without consultation. Ruston contended that the bill provides lasting protection by embedding these rights in primary legislation, preventing future governments from altering assessment processes without parliamentary scrutiny.

Government response

Senator Green stated that while the government shared the intent of the bill, it could not support the legislation as drafted due to concerns that it would be counterproductive. Green argued that broad assessor discretion would risk undermining fairness and consistency, potentially increasing costs and extending wait times by an estimated five months. Green emphasised that the previous system resulted in significant inequities and unspent funds, necessitating the current rules to ensure equitable outcomes regardless of location. Green announced that the government would establish a new legislated escalation option for extenuating circumstances, allowing assessments to be reviewed by the system governor, and indicated that consultation on this measure would occur during the parliamentary break.