14 October 2025
The Hon. R.A. SIMMS (15:13): I seek leave to make a brief explanation before addressing a question without notice to the Deputy Premier—and might I congratulate him on his appointment—and Leader of the Government in this place on the topic of restrictive practices and human rights.
Leave granted.
The Hon. R.A. SIMMS: Last week, the ABC revealed that a federal regulator had found that restraints were being used inappropriately at a South Australian government-run aged-care home at Northgate. The centre looks after South Australians with dementia and complex disabilities. I understand that the regulator first identified the problems in November of last year, but they were only revealed last week as the result of an ABC investigation. My question to the Deputy Premier therefore is:
1. Why did his government sit on the regulator's report for almost 12 months without revealing that its home at Northgate had been under investigation?
2. Doesn't this sorry episode underscore the need for a human rights act to protect the rights of vulnerable South Australians like those residing at Northgate?
The Hon. K.J. MAHER (Deputy Premier, Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (15:14): I thank the honourable member for his question. I think, regarding the last part of it, the call for a human rights instrument, we thanked and noted the Social Development Committee of this parliament for their recent report that did a lot of work in reviewing instruments that protect human rights, particularly around Australia. It is something we will consider. I want to be clear, though, that we do not have a policy, as a Labor government, to introduce a human rights piece of legislation. But we will certainly consider properly, as any responsible government should, that report.
In relation to specific issues to do with the report on aged care, I don't have details on that. I suspect it falls somewhere between Health and Human Services. But I will refer that to my colleagues in another place to bring back a reply for the honourable member.
The Hon. R.A. SIMMS (15:15): Supplementary arising from the answer: is the Leader of the Government concerned that a minister in his government has sat on a report from a regulator for nearly 12 months?
The Hon. K.J. MAHER (15:15): As I said, I will pass the question on to the appropriate minister and bring back a reply for the honourable member.
Response recieved from Deputy Premier Maher on 31 October 2025:
"The Minister for Seniors and Ageing Well has advised that:
- As part of routine Commonwealth Aged Care re-accreditation processes, Disability SA Northgate was audited by the Federal Regulator - Aged Care Quality and Safety Commission (the Commission) in November 2024. The Site Audit Performance Report was published on the Commission's website in December 2024. The audit process highlighted some areas of non-conformance which have and are being actioned and managed in partnership with the Commission and Department of Human Services.
- Regarding the need for a human rights act, the United Nations Convention on the Rights of Persons with Disabilities (2006) (UNCRPD) has been ratified in Australia with the aim to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all people with disability and to promote respect for their inherent
Employees working at Disability SA Northgate operate under the National Disability Insurance Scheme (ND/SJ Code of Conduct and Code of Conduct for Aged Care, all of which require staff to act with respect for individual rights, provide safe competent care, act with integrity, and prevent all forms of harm, including violence, exploitation, neglect, abuse and misconduct. South Australian Public Sector employees, are bound by the Public Sector Code of Ethics where they will work with professionalism, trust, respect, honesty and integrity."