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Royal Commission into Aged Care Quality and Safety Commissioner Briggs has had the benefit of having been appointed at the outset of this Royal Commission. I was appointed later, but I have had the benefit of access to the Interim Report, transcripts and recordings of oral evidence and the vast written material that was received before my appointment and, of course, many long and detailed discussions with our many advisors and those assisting us.

Each of us was charged personally with the responsibility for this report and recommendations arising from what has been a complex and difficult undertaking. We have reached different conclusions on some matters which may in part reflect our different perspectives, but it reflects also how we have differently seen and evaluated the vast amount of material we have considered and the accounts we have heard. Commissioner Briggs refers in her overview below to some of her relevant experience upon which she has drawn in developing the reforms she recommends. Naturally, I have drawn upon my experience which has come primarily from practise as a lawyer and judge, but also in chairing a number of not-for-profit organisations over many years. In the end, what matters is the force and cogency of the recommendations themselves.

We agree that there have been many failures and shortfalls in the Australian aged care system. We agree also about many of the causes of those failures and shortfalls, and about many of the means through which to remedy them. We agree that fundamental reform to the Australian aged care system is required, but we differ sharply in our opinion on certain aspects of the arrangements necessary to give effect to our common purpose of the new aged care system, which is:

to ensure that older people have an entitlement to high quality aged care and support and that they must receive it. Such care and support must be safe and timely and must assist older people to live an active, self-determined and meaningful life in a sate and caring environment that allows for dignified living in old age.

Many of our recommendations and observations are made jointly, but there are some instances where we make differing recommendations and observations. We have agreed, with some misgivings and not without anxious consideration, to make some separate recommendations and to express different views where we diverge. But we both strongly conclude that fundamental change is needed. In the end, the differences between us may add to the strength of the reforms which are to be made.

I recommend, in accepting the submissions of Counsel Assisting, an Independent Commission model, whilst Commissioner Briggs recommends a Government Leadership model. Our respective reasons are set out in the chapter on governance of the new aged care system. The adoption of one model over the other will have consequences for many, but not all, of the recommendations we make. Ultimately, the Australian Government will have to determine which of the alternative models is likely to avoid the pitfalls of the past and to drive robust and genuine change. Government will also have to decide which model will best ensure high quality and safe aged care for older people now and into the future.