Commonwealth of Australia Explanatory Memoranda

[Index] [Search] [Download] [Bill] [Help]

AGED CARE AMENDMENT (SECURITY AND PROTECTION) BILL 2007

                            2004-2005-2006-2007




   THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                                 SENATE




AGED CARE AMENDMENT (SECURITY AND PROTECTION) BILL 2007




          SUPPLEMENTARY EXPLANATORY MEMORANDUM



           Amendments to be Moved on Behalf of the Government




(Circulated by authority of the Hon Christopher Pyne MP, Minister for Ageing)

    AGED CARE AMENDMENT (SECURITY AND PROTECTION) BILL 2007
OUTLINE
The proposed Government amendment would change the commencement date of the
Aged Care Amendment (Security and Protection) Bill 2007 from 1 April 2007 to:
·    1 May 2007 for Schedule 1 which contains new arrangements relating to the
     investigation of complaints and the establishment of an Aged Care Commissioner;
     and
·    1 July 2007 for Schedule 2 of the Bill which contains the new requirements
     relating to the compulsory reporting of reportable assaults and protections for
     those who make reports in accordance with the new compulsory reporting
     requirements.
This would allow more time for consultation on Principles to be made under the Aged
Care Act 1997 (the Act) that would describe the detail of the proposed investigation
procedures, and would also give approved providers of residential aged care services
more time in which to prepare their organisations (including their staff) for the
commencement of the proposed new requirements relating to compulsory reporting of
reportable assaults.
FINANCIAL IMPACT STATEMENT
This Government amendment will have no financial impact.




                                          1

 AGED CARE AMENDMENT (SECURITY AND PROTECTION) BILL 2007
NOTES ON CLAUSES
Item 1
Currently the commencement clause (clause 2) provides that the Bill commences on
1 April 2007. This Government amendment changes clause 2 such that the
commencement of the Bill will be deferred and the commencement of the Schedules
to the Bill will be staggered.
It is proposed that sections 1 to 3 of the Bill will commence on Royal Assent,
Schedule 1 (which contains the proposed arrangements for investigation of
complaints and the establishment of the Aged Care Commissioner) will commence on
1 May 2007 and Schedule 2 (which contains the new requirements in relation to
compulsory reporting of reportable assaults and protections for those who make such
reports) will commence on 1 July 2007.
The changes are in response to representations made by stakeholders regarding the
desirability of further consultation on Principles to be made under the Act. The
changes are also consistent with the recommendations of the Senate Standing
Committee on Community Affairs. The Committee recommended that "in
recognition of the additional responsibilities the Bill places on approved providers
especially in relation to training staff members and instituting new systems, the
commencement date, particularly in relation to the reporting provisions be deferred
for a period of at least one month".
Taking into account the recommendation of the Committee and the views of
stakeholders (and recognising that the Bill imposes new requirements on approved
providers and will require communication to staff), implementation of the compulsory
reporting requirement should be deferred until 1 July 2007. This will enable adequate
time for any staff communication and necessary changes to internal systems and
procedures. The Government will, however be making it clear to approved providers
that while the requirement for compulsory reporting will not be mandated until
1 July 2007, approved providers would still, in the meantime, be encouraged to report
assaults to the police and the Secretary of the Department of Health and Ageing.
The Government considers that it is not necessary to extend the timeframes for
commencement of the investigation processes (as detailed in Schedule 1) to
1 July 2007. This is because the investigation processes (which will be included in
Principles made under the Act) will relate primarily to the roles and responsibilities of
the Department of Health and Ageing and the Aged Care Commissioner. By contrast
to the compulsory reporting requirements, very limited systems changes and training
will be required to be put in place by approved providers in relation to the new
investigations processes. However, it is proposed that the timeframes for
implementation be extended by one month to enable further consultation with
stakeholders on the proposed content of the Investigation Principles.




                                            2
Index] [Search] [Download] [Bill] [Help]