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Legislative Council - Fifty-Fourth Parliament, First Session (54-1)
2019-02-12 Daily Xml
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Aged-Care Reform

The Hon. F. PANGALLO (15:33): I seek leave to make a brief explanation before asking a question of the Minister for Health and Wellbeing, the Hon. Stephen Wade.

Leave granted.

The Hon. F. PANGALLO: The royal commission into aged care started hearing evidence in Adelaide this week. The first two witnesses were Barbara Spriggs and her son Clive, who recounted the harrowing treatment of Mrs Spriggs' husband at Oakden. They made two recommendations for the commissioner to consider: the introduction of CCTV cameras, which they said could have prevented much of the abuse that went on at Oakden, and a national register of carers in the aged-care industry who had proven complaints of abuse or poor work standards.

Since introducing my private members' bill that would allow CCTV cameras, I have been contacted by several constituents with complaints about poor standards, including allegations of abuse and assaults against residents by other aggressive residents. There has also been a litany of articles in the media highlighting abuse. My questions are:

1. Is the minister considering running a trial of CCTV cameras in state operated care facilities? If not, will he now consider acting on it?

2. What is his view on a register of carers and aggressive residents?

3. Will he consider legislation for a state-based register?

The Hon. S.G. WADE (Minister for Health and Wellbeing) (15:34): If I may, I might answer the second question first. I am very respectful of the fact that the primary responsibility for residential aged-care facilities in Australia is with the commonwealth government and the commonwealth parliament. I note that on its face it appears that the honourable member's drafting of the bill that is before this place is to respect that constitutional demarcation of responsibilities. Whilst I am happy to seek further advice, my presumption would be that any register of carers and disruptive residents in relation to residential aged-care facilities would be seen to be relating to residential aged care and, therefore, a matter for the legislative competence of the federal parliament and the commonwealth government.

In relation to CCTV, that's a different matter. The honourable member has a well-known interest in CCTV and my recollection is that I have been asked questions in this house before. In terms of South Australian law, I am advised that the Attorney-General's Department indicates that there is nothing under the South Australian Surveillance Devices Act which is a barrier to using optical surveillance devices in residential aged-care facilities to safeguard an individual's lawful interests, provided that all parties have consented to being filmed.

The optical surveillance devices are already used in at least two South Australian SA Health facilities that I am aware of. Both of those are in common areas rather than in private areas. I am advised from people within the industry that CCTV is common in private facilities and there was even a report recently, as I understand it, of a private CCTV in a private nursing home which had been maintained by the mutual consent of the proprietor and the family but that the dispute was arising because the facility wanted the device removed. So I suspect it's already happening and I believe it's happening lawfully.

But what the honourable member has done is to highlight the evidence before the federal royal commission, and hopefully I'm not infringing any standing orders by engaging in that conversation. I certainly honour the advocacy of the Spriggs family and express my grief again at their loss. As the honourable member has indicated, the Spriggs family have been consistent advocates for CCTV and there are a number of other South Australians who are prominent advocates, people such as Mr Stewart Johnston and Ms Noleen Hausler, whose father's abuse was highlighted through the use of CCTV.

The South Australian government is currently exploring what further role CCTV could play in residential care facilities. I recently met with Care Protect, a company that provides an independent CCTV monitoring service in the United Kingdom, and I acknowledge the facilitation of the Hon. Frank Pangallo. In terms of a pilot, I certainly have discussed the possibility of a pilot but that's a matter that needs to be considered. It's a matter that I would need to take to cabinet.

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