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

The majority voted against requests (1) and (2) on sheet 3405 introduced by Victorian Senator Lidia Thorpe (Independent), which means they failed.

Senator Thorpe explained that:

These are very simple amendments. They ensure that compensation or redress payments to Aboriginal and Torres Strait Islander people, including for ... stolen wages and stolen gen payments are excluded from income and assets tests under aged-care legislation.

Amendment text

(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).