Office for the Ageing (Adult Safeguarding) Amendment Bill

Second Reading

Adjourned debate on second reading (resumed on motion).

The SPEAKER: Minister.

The Hon. D.C. VAN HOLST PELLEKAAN (Stuart—Minister for Energy and Mining) (17:37): Thank you very much, Mr Speaker.

Members interjecting:

The SPEAKER: Order, members on my left! I know that it is late in the day, but the minister has the call.

The Hon. A. Koutsantonis: I thought we were finishing at 5.30.

The SPEAKER: Member for West Torrens!

Members interjecting:

The SPEAKER: Member for Hammond, you are not assisting here. The Minister for Energy and Mining has the call.

The Hon. D.C. VAN HOLST PELLEKAAN: I rise on behalf of the minister in another place to close debate on the bill in this chamber. I would like to be very clear and share my thanks and appreciation for everyone who has contributed to this bill. I found all the speeches by all the members who contributed to be in a very positive spirit. This topic has been especially difficult for our state over the last several years and it is one that I am sure all members here know we absolutely must address.

I particularly thank the member for Kaurna, the shadow minister. I listened to all his speech and thought that it was particularly good. It was interesting to hear the contribution from the member for MacKillop, as well, who recounted some of the words from the member for West Torrens in his Address in Reply. It was good to have them brought back to us. It is also a credit to the member for West Torrens that he said those words back then.

We are determined to fix these issues to the very best of our ability, not only for older South Australians who are vulnerable and at risk but for all South Australians. All South Australians are connected to older people in one way or another, and in the best of worlds younger South Australians are caring for the older South Australians we are trying to protect. I acknowledge that some older South Australians are on their own.

I would also like to thank members of the Minister for Health and Wellbeing's team, who have worked very hard on this, and staff within the health department and the ageing well division of that department, who have applied themselves assiduously to this task. I think it is important to recognise that, while we are making significant improvements, this is a difficult task. It would be foolish for anybody to think that one bill, with the best will of the government, the opposition, the Independent members and the professionals working within this area, will perfectly resolve this issue.

There are two reasons: one is that, as time goes on, we will have better information, better tools, and greater capacity to improve things. Sadly, it is not possible for good people trying to create good legislation and regulation to predict all the intentions of the bad people who would, over time, thwart that legislation. We have heard in many of today's contributions about some of the reasons why people perpetrate this crime and abuse. Unfortunately, the reasons will evolve over time.

We as the government do not think for one second that we have it just right; we know we have it as good as we can possibly get it at this point in time. We will count on the opposition's ongoing support to keep improving and evolving as and when appropriate. In the next few minutes, I would like to point to some of the specifics. This is in no way a complete summary, but it does address some of the issues that have come up during the debate one is to be very clear that we all understand that we are talking about voluntary reporting and mandatory response to reports. I will address those in reverse order.

If there is a report, there must of course be a mandatory response to that reporting. It is very important to note that it is voluntary reporting, not mandatory reporting, because we respect that older people who are at risk still have their own rights, their own integrity and their own capacity to make decisions for themselves. Where that capacity is significantly diminished, others will make decisions on their behalf as appropriate, and this may include making reports on their behalf. Very importantly, out of respect for the people we seek to protect, it is to be voluntary reporting with a mandatory response to those reports.

We also recognise that we are talking about reducing the risk of harm as well as apprehending perpetrators. This bill is not just about catching those heinous people who would abuse older people; it is very much about trying to reduce the risk of would-be perpetrators having the capacity to do harm. While the bill provides for an annual report and three-year review of the legislation, that does not prevent interim reports by the ASU as and when necessary. This is a very important issue to deal with. We have a framework for the minimum expected amount of reporting, but that in no way inhibits the number of reports, greater investigations and a greater depth of inquiry as and when appropriate if ever systemic problems are seen to arise.

A couple of queries were raised by the shadow minister with regard to implementation. We are hoping to have a code of practice available in three to four months' time. We are not committing to that time line, but in good spirit, shadow minister, we are sharing that that is our intention. We certainly hope to have all aspects of this implemented by the end of the 2018-19 financial year. Again, on behalf of the Minister for Health and Wellbeing, shadow minister, this is not a firm commitment but sharing in good spirit with you our intention that aspects of this legislation will be implemented by June next year.

With those few remarks, I will conclude. I thank all members for their support of the bill. I encourage all members to continue well into the future the same spirit of bipartisanship that has led to the passage of this bill through this place and the other place because, while we will take significant steps forward with this legislation, regulations and codes to follow, unfortunately we know this is an issue we will have to deal with over time, but let's hope less and less.

Bill read a second time.

Third Reading

The Hon. D.C. VAN HOLST PELLEKAAN (Stuart—Minister for Energy and Mining) (17:46): I move:

That this bill be now read a third time.

Bill read a third time and passed.