MEDIA RELEASE
3 June 2026
Senate Acts to Restore Human Oversight in Aged Care Assessments Following Pether Case
Federal Member for Herbert Phillip Thompson OAM MP has been a driving force for change in the aged care system. Mr Thompson welcomes both a positive outcome for Townsville resident Merv Pether and the passage of coalition led landmark legislation to restore human oversight to aged care assessments.
After sustained advocacy from Mr Thompson who demanded a review of Mr Pether’s My Aged Care assessment, resulting in confirmation that Mr Pether will receive his full approved Support at Home funding.
Mr Pether had previously been assessed as requiring a high-level package but was only provided with 60 per cent of that care, placing significant pressure on him and his family.
At the same time, the Senate has passed the Aged Care Amendment (Restoring Human Override for Aged Care Needs Assessments) Bill 2026, which would ensure humans not a computer algorithm are responsible for determining the level of aged care support older Australians receive.
Mr Thompson said Merv’s case demonstrated exactly why human judgement must always be part of the assessment process.
“Merv’s experience showed what can happen when common sense is removed from the system,” Mr Thompson said.
“Here was a man assessed as needing significant support to remain safely at home, yet he was initially only provided with 60 per cent of the care he had been assessed as requiring.
“That meant less support for daily living activities and greater pressure on his family to fill the gaps.
“Today’s Senate vote is a win for older Australians because care decisions should be made by people, not by an algorithm.”
Mr Pether’s son, Stephen, said the outcome was a huge relief for the family.
“Our family is incredibly grateful for this outcome, it means Dad will be able to stay in his home and get the care he needs,” Stephen said.
“When Phillip called me with the news, I got goosebumps. It was a huge relief for our whole family.
“We’re so thankful to Phillip Thompson and Senator Ruston for standing up for us and fighting to get this result.”
Mr Thompson said the Senate had sent a strong message to the Albanese Government.
“The Senate has made it clear that life-changing decisions about the care older Australians receive should not be left solely to a computer algorithm,” Mr Thompson said.
“Merv’s case is proof of why human oversight matters. While we welcome the Minister finally stepping in to resolve his situation, it should never have reached that point in the first place.
“If political intervention is required to secure the care someone has already been assessed as needing, then there is something fundamentally wrong with the system.”
Mr Thompson said while Merv’s outcome was welcome, many older Australians were still struggling to navigate an aged care system that had become too complex and too bureaucratic.
“There are thousands of older Australians and their families trying to navigate My Aged Care right now who don’t have an advocate in their corner,” he said.
“Our seniors built this country. They deserve dignity, timely support and a system that puts people before process.
“This is a great outcome for Merv and his family, but there is still more work to do to ensure every older Australian gets the care they need, when they need it.”
ENDS