Bill Debate · Direction to Committee

Aged Care Legislation Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Bill 2026; Direction to Committee

Senate · Thursday 15 October 2026

Continued from Tuesday 13 October 2026.

Official Hansard for this day (APH) · Read this debate on OpenAustralia

At a glance

The debate centred on the government's proposal to establish an Aboriginal and Torres Strait Islander Aged Care Commissioner and introduce an escalation pathway for the Integrated Assessment Tool (IAT), which uses an algorithm to determine care needs. The government argued these measures were urgent reforms to address systemic inefficiencies and improve cultural safety for Indigenous elders. The Coalition and the Greens supported the Commissioner but opposed the IAT changes as insufficient, demanding the reinstatement of full human override for assessments. The Coalition agreed to support the bill conditionally, securing commitments for an independent review of the algorithm and a 12-month sunset clause for the escalation pathway. The Greens criticised the government for delaying substantive debate on human override while blocking their amendments.

Outcome

The bill was referred to the Community Affairs Legislation Committee for inquiry and report.

Summary in reported speech - not a transcript. AI-generated, so check the official record before quoting.

How the debate unfolded

Continued the debate

Michelle Ananda-Rajah (Victoria) (Australian Labor Party) ALP VIC

Ananda-Rajah argued that the bill addressed critical failures in the previous aged care system, which had left $4 billion in unallocated funds due to inconsistent assessments. Ananda-Rajah defended the Integrated Assessment Tool as a necessary step to standardise decision-making and reduce bias against non-English speaking migrants and other groups. Ananda-Rajah highlighted that the new escalation pathway provided a safeguard for the small percentage of cases where the algorithm might fail, noting support from peak bodies like OPAN and COTA Australia. Ananda-Rajah emphasised the urgency of appointing the Aboriginal and Torres Strait Islander Aged Care Commissioner to address the significant life expectancy gap and cultural safety issues faced by Indigenous elders. Ananda-Rajah criticised the opposition and Greens for blocking progress and prioritising political manoeuvring over immediate improvements for older Australians.

Opposition response

Anne Ruston (South Australia) (Liberal Party) Liberal SA

Ruston stated that the Coalition supported the bill only as an interim measure, viewing it as a sign that the government's assessment system was failing. Ruston cited evidence that requests for assessment reviews had surged from 170 to 834 in five months after the algorithm's introduction, and noted that peak bodies and the Commonwealth Ombudsman had raised concerns. Ruston announced that the Coalition had secured two concessions: an independent clinical review of the algorithm and a 12-month sunset clause for the escalation pathway provisions. Ruston maintained that the government must restore full human override, arguing that computers should not make final decisions about care needs without qualified assessors. Ruston warned that if the government failed to implement a permanent fix within the sunset period, the Coalition would return to parliament to force action.

Jana Stewart (Victoria) (Australian Labor Party) ALP VIC support

Stewart focused on the importance of the Aboriginal and Torres Strait Islander Aged Care Commissioner for ensuring cultural safety and dignity for Indigenous elders. Stewart explained that historical trauma and institutionalisation have created distrust in mainstream aged care services, leading many elders to delay seeking help. Stewart argued that the Commissioner would provide a dedicated advocate who understands the specific cultural needs and lived experiences of Aboriginal and Torres Strait Islander people. Stewart highlighted that Indigenous Australians often require aged care services earlier due to poorer health outcomes and that the role would help address barriers to access.
Penny Allman-Payne (Queensland) (Australian Greens) Greens QLD oppose

Allman-Payne argued that the Greens sought to reinstate human override into the assessment tool, believing that clinicians should make final decisions on care needs rather than algorithms. Allman-Payne criticised the government for filibustering debate on splitting the bill to allow the Commissioner provisions to pass while delaying discussion on the IAT changes. Allman-Payne contended that the escalation pathway was an admission that the algorithm was failing, citing long waitlists and reports of under-assessment. Allman-Payne shared personal experience regarding the inadequacy of funding for motor neurone disease care and urged parliament to prioritise human oversight over cost-saving measures.
Kerrynne Liddle (South Australia) (Liberal Party) Liberal SA mixed

Liddle welcomed the appointment of the Aboriginal and Torres Strait Islander Aged Care Commissioner but supported the bill's other measures only as a temporary fix. Liddle reiterated that the government had conceded the assessment system was flawed by agreeing to an independent review of the algorithm. Liddle emphasised that the Coalition would continue to push for full human override, arguing that the current escalation pathway was insufficient for correcting algorithmic errors. Liddle stated that older Australians deserved a system that treated them as individuals rather than data points, and warned that the Coalition would hold the government accountable if a permanent solution was not delivered.

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