SENATOR THE HON ANNE RUSTON

SHADOW MINISTER FOR HEALTH AND AGED CARE

DEPUTY LEADER OF THE OPPOSITION IN THE SENATE

SENATOR FOR SOUTH AUSTRALIA

MEDIA RELEASE

Monday, 26 October 2026

OMBUDSMAN DELIVERS DAMNING VERDICT ON LABOR’S AGED CARE ALGORITHM

The Commonwealth Ombudsman has handed down a damning verdict on Labor’s aged care algorithm, exposing a Government that intentionally switched off human override, ignored the lessons of Robodebt and left older Australians to pay the price.

The independent watchdog found the Albanese Government’s handling of the assessment system was “unreasonable” and that “a reasonable person would… lack confidence that the system is in fact fair and consistent.”

Incredibly, the Health Department asked the Ombudsman to reconsider that finding. He refused.

Shadow Minister for Health and Aged Care Senator Anne Ruston said the report vindicated the Coalition’s months-long fight to put a real person back in charge of older Australians’ care.

“The algorithm must be scrapped. At a bare minimum, Labor must adopt the Coalition’s Bill, which has already passed the Senate with crossbench support, and guarantee that a qualified assessor can override the computer when deciding an older person’s support needs,” Senator Ruston said.

“Two independent watchdogs have now raised the alarm. The Ombudsman says the assessment system cannot be trusted to be fair, and the former Inspector-General warned that the way Labor is implementing its aged care reforms is causing harm. More than 200,000 people are waiting for support. How much more evidence does Labor need?”

The Ombudsman found:

• the algorithm was a “technological black box”, with nothing public on how it worked until after the Ombudsman’s draft report;

• it was switched on “without any meaningful risk assessment”; and

• Labor failed to follow the Robodebt Royal Commission recommendations on computer decisions that it had accepted.

The Ombudsman’s first recommendation is the very change the Coalition and the crossbench have been fighting for since June, and that the Senate has already voted for.

“We have been saying for months that a qualified assessor should be able to overrule the computer when it gets it wrong. The Ombudsman agrees, but Labor still refuses to accept that, only ‘noting’ the recommendation,” Senator Ruston said.

“Labor defended this system for months while the Coalition and the crossbench said it was broken. Today the independent umpire has agreed with us.”

The Department’s own Secretary has now confirmed in writing that it was the Government that decided in 2024 that no assessor would be allowed to override the algorithm.

“This wasn’t a computer glitch. It was a Labor decision,” Senator Ruston said.

“It took relentless pressure to drag Labor to the table and force an independent review and a deadline. But it’s clear the Albanese Government must stop defending the indefensible.”

“Older Australians should not be reduced to a score generated by a computer. Technology can support an assessment, but it must never replace professional judgement,” Senator Ruston said.

“You cannot tell Australians a qualified human is in control while designing a system where an assessor cannot override an algorithm-generated result.

“Anthony Albanese promised to put the care back into aged care. Instead, he put an algorithm in charge and walked away.

“Under Labor, older Australians are being left behind. They pay more, wait longer and get less.”

ENDS