Aged Care and Other Legislation Amendment Bill 2025, Aged Care (Accommodation Payment Security) Levy Amendment Bill 2025

Senator THORPE (Victoria—Independent VIC Whip) (19:41): by leave—In respect of the Aged Care and Other Legislation Amendment Bill 2025, I move requests for amendments (1) and (2) on sheet 3405 together: That the House of Representatives be requested to make the following amendments: (1) Schedule 1, page 68 (after line 12), after item 229, insert: 229AA Before subsection 323(7) Insert: Excluding certain redress amounts (7AA) In working out an individual's total assessable income, disregard the following amounts: (a) an amount paid to, or for the benefit of, the individual by way of compensation under a scheme established by a law of the Commonwealth, a State or a Territory for providing redress to Aboriginal or Torres Strait Islander survivors of any form of abuse or wrongdoing, including redress to the Stolen Generations and redress in respect of stolen wages; (b) an amount paid to, or for the benefit of, the individual by way of compensation pursuant to an order of a Commonwealth, State or Territory court in respect of any form of abuse or wrongdoing in relation to Aboriginal or Torres Strait Islander persons, including in respect of stolen wages.

(7AB) To avoid doubt, the amounts mentioned in subsection (7AA) are to also be disregarded in making determinations under subsection (1) or paragraph (2)(b), (3)(b), (4)(b) or (5)(b). (2) Schedule 1, page 69 (after line 6), after item 236, insert: 236AA Before subsection 330(9) Insert: Excluding certain redress amounts (9AA) In working out the value of an individual's assets, disregard the following amounts: (a) an amount paid to, or for the benefit of, the individual by way of compensation under a scheme established by a law of the Commonwealth, a State or a Territory for providing redress to Aboriginal or Torres Strait Islander survivors of any form of abuse or wrongdoing, including redress to the Stolen Generations and redress in respect of stolen wages; (b) an amount paid to, or for the benefit of, the individual by way of compensation pursuant to an order of a Commonwealth, State or Territory court in respect of any form of abuse or wrongdoing in relation to Aboriginal or Torres Strait Islander persons, including in respect of stolen wages.

(9AB) To avoid doubt, the amounts mentioned in subsection (9AA) are to also be disregarded in making determinations under paragraph (2)(a) or (b) or (3)(a) or (b) or subsection (4). _____ Statement pursuant to the order of the Senate of 26 June 2000 Amendments (1) and (2) Amendments (1) and (2) are framed as requests because they amend the bill to exclude certain amounts from the means testing rules that determine the contributions and fees payable by individuals for funded aged care services.

The amendments would have the effect of reducing the contributions and fees payable by individuals, which would increase amounts payable by the Commonwealth to registered providers for the delivery of those services. This will likely increase the amount of expenditure under the appropriation in section 598 of the Aged Care Act 2024. Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000 Amendments (1) and (2) If the effect of the amendments is to increase expenditure under the standing appropriation in section 598 of the Aged Care Act 2024 then it is in accordance with the precedents of the Senate that the amendments be moved as requests.

These are very simple amendments. They ensure that compensation or redress payments to Aboriginal and Torres Strait Islander people, including for stolen gen, which we know the Labor government support—I can't understand why they would not support this—stolen wages and stolen gen payments, are excluded from income and assets tests under aged-care legislation.

I'm not sure if the Indigenous senators in this place actually read these bills or understand how these bills actually affect our people. Compensation is being stolen as part of the colonisation of this country and the violence that our people endure every day. Our old people who've received stolen gen payments will be affected—not only stolen gen but stolen wages.

When our people were slaves in their own country— Honourable senators interjecting— Senator THORPE: I know some people might find this absolutely hilarious. I'm surprised that Labor people are laughing while I'm speaking about this. It's very disrespectful to stolen gen and those that were slaves in our own country.

This means that income and assets tests under the aged-care legislation will affect these payments. In practice, this means that such payments will not reduce a person's eligibility and extent of aged-care support and protect survivors' redress from being effectively clawed back through the aged-care system. How does that make sense, Labor?

I think you need to rethink this for stolen gen and stolen wages and make sure that they are not affected by this legislation. Don't you think our people have suffered enough at the hands of this violent system?