AGED CARE QUALITY AND SAFETY COMMISSION ACT 2018
Table of Provisions
PART 1--PRELIMINARY
Division 1--Preliminary
- 1 Short title
- 2 Commencement
- 3 Act binds the Crown
- 4 Extension to external Territories
- 5 Object of this Act
- 6 Simplified outline of this Act
Division 2--Definitions
- 7 Definitions
- 8 Meaning of Commonwealth - funded aged care service etc.
- 8B Meaning of key personnel of a person or body
- 8C Meaning of suitability matters in relation to an individual
- 9 Vacancy in the office of an Advisory Council member
PART 2--AGED--CARE QUALITY AND SAFETY COMMISSION
Division 1--Introduction
- 10 Simplified outline of this Part
Division 2--Establishment etc. of the Commission
- 11 Establishment of the Aged Care Quality and Safety Commission
- 12 Constitution of the Commission
- 13 Function of the Commission
PART 3--COMMISSIONER
Division 1--Introduction
- 14 Simplified outline of this Part
Division 2--Functions and powers of the Commissioner
- 15 Commissioner
- 16 Functions of the Commissioner
- 17 Consumer engagement functions of the Commissioner
- 18 Complaints functions of the Commissioner
- 18A Code functions of the Commissioner
- 19 Regulatory functions of the Commissioner
- 20 Education functions of the Commissioner
- 21 Rules may make provision for, or in relation to, the performance of a function of the Commissioner
- 22 Minister may give directions to the Commissioner
- 23 Fees
Division 3--Appointment of the Commissioner
Division 4--Terms and conditions of appointment
- 26 Remuneration and allowances
- 27 Leave of absence
- 28 Other paid work
- 29 Other terms and conditions
- 30 Resignation
- 31 Termination of appointment
PART 4--STAFF--OF THE COMMISSION ETC.
- 32 Simplified outline of this Part
- 33 Staff
- 34 Persons assisting the Commissioner
- 35 Consultants
- 35A Chief Clinical Advisor
PART 5--AGED--CARE QUALITY AND SAFETY ADVISORY COUNCIL
Division 1--Introduction
- 36 Simplified outline of this Part
Division 2--Establishment and functions of the Advisory Council
- 37 Establishment of the Aged Care Quality and Safety Advisory Council
- 38 Functions of the Advisory Council
- 39 Minister may give directions about the Advisory Council's functions
Division 3--Membership of the Advisory Council
- 40 Membership of the Advisory Council
- 41 Appointment of Advisory Council members
- 42 Acting appointments
- 43 Remuneration and allowances
- 44 Leave of absence
- 45 Disclosure of interests to the Minister
- 46 Disclosure of interests to the Advisory Council
- 47 Resignation
- 48 Termination of appointment
- 49 Other terms and conditions
Division 4--Procedures of the Advisory Council
- 50 Procedures of the Advisory Council
PART 6--REPORTING--AND PLANNING
- 51 Simplified outline of this Part
- 52 Annual report
- 53 Consulting on corporate plans
- 54 Annual operational plans
PART 7--INFORMATION--SHARING AND CONFIDENTIALITY ETC.
Division 1--Introduction
- 55 Simplified outline of this Part
Division 2--Information sharing
- 56 Commissioner must give information to the Secretary in certain circumstances
- 57 Secretary must give information to the Commissioner on request
- 58 Minister may require the Commissioner to prepare reports or give information
- 58A Additional purpose of NDIS worker screening database
Division 3--Making information publicly available
- 59 Information about an aged care service may be made publicly available
- 59A Information about Commonwealth - funded aged care service may be made publicly available
Division 4--Protected information
- 60 Prohibition on use or disclosure etc. of protected information
- 61 Permitted disclosures of protected information by Commissioner
- 62 Limits on use or disclosure etc. of protected information disclosed by the Commissioner
- 63 Disclosure to court etc.
Division 5--Other matters
- 63AA Authorisations for the purposes of the Privacy Act 1988
PART 7A--APPROVAL--OF PROVIDERS OF AGED CARE ETC.
Division 1--Introduction
- 63A Simplified outline of this Part
Division 2--Approval of providers of aged care
- 63B Application for approval as provider of aged care
- 63C Request for further information
- 63D Commissioner must decide whether to approve person as provider of aged care
- 63E Notification of decision relating to approval of person as provider of aged care
Division 3--Deemed approval of States, Territories and local government etc.
- 63F States, Territories and local government etc. taken to be approved providers etc.
Division 4--Cessation and revocation of approval
- 63G When approval as provider of aged care ceases to have effect
- 63H Revocation of approval on request of approved provider
- 63J Revocation of approval of approved provider if Commissioner is satisfied of certain matters
- 63K Notice of intention to revoke approval as provider of aged care
- 63L Notice of revocation of approval as provider of aged care etc.
PART 7B--SANCTIONS--FOR NON-COMPLIANCE WITH AGED CARE RESPONSIBILITIES OF APPROVED PROVIDERS
Division 1--Introduction
- 63M Simplified outline of this Part
Division 2--Imposition of sanctions by the Commissioner
- 63N Commissioner may impose sanctions for non - compliance with aged care responsibilities
- 63P Period within which the revocation of approval of approved provider must take effect in certain circumstances
- 63Q When the revocation or suspension of allocation of places is to take effect
- 63R Kinds of sanctions that may be imposed on approved providers
Division 3--Notices that must, or may be given, before sanctions are imposed
- 63S Commissioner must notify approved provider of intention to impose sanctions on the provider
- 63T Approved provider may be required to give undertaking about remedying non - compliance
- 63U Approved provider may be required to agree to certain matters if revocation of approval is being considered
Division 4--Lifting of sanctions imposed on approved providers
- 63V Application for lifting of sanction imposed on approved provider
- 63W Request for further information
- 63X Commissioner must decide whether to lift sanction imposed on approved provider
- 63Y Notification of decision relating to lifting of sanction imposed on approved provider
PART 8--ENTRY--AND SEARCH POWERS RELATING TO PROVIDER APPROVAL APPLICATIONS ETC.
Division 1--Introduction
- 64 Simplified outline of this Part
Division 2--Powers of authorised officers in relation to premises
- 64A Power to enter premises and exercise search powers in relation to applications for approval as provider of aged care
- 65 Power to enter premises and exercise search powers in relation to complaints etc.
- 66 Consent
- 67 Asking questions and seeking production of documents
Division 3--Powers of regulatory officials in relation to premises
- 68 Power to enter premises and exercise search powers for regulatory purposes
- 69 Consent
- 70 Asking questions and seeking production of documents
Division 4--Search powers
Division 5--Identity cards
PART 8AA--CODE--OF CONDUCT
Division 1--Introduction
- 74AA Simplified outline of this Part
Division 2--Code of Conduct
- 74AB Contravention of Code of Conduct by approved providers
- 74AC Aged care workers of approved providers must comply with Code of Conduct
- 74AD Governing persons of approved providers must comply with Code of Conduct
- 74AE Code of Conduct
PART 8A--ENFORCEMENT--AND COMPLIANCE
Division 1--Introduction
- 74A Simplified outline of this Part
Division 2--Regulatory powers
- 74B Monitoring powers
- 74C Modifications of Part 2 of the Regulatory Powers Act
- 74D Investigation powers
- 74E Modifications of Part 3 of the Regulatory Powers Act
- 74EA Civil penalty provisions
- 74EB Infringement notices
- 74EC Enforceable undertakings
- 74ED Injunctions
Division 2A--Compliance notices
- 74EE Compliance notices
Division 3--Notice to attend to answer questions etc.
- 74F Notice to attend to answer questions etc. relevant to whether aged care responsibility is being complied with
- 74FA Notice to attend to answer questions etc. relevant to compliance with Code of Conduct
- 74G Attending before authorised officer to answer questions
- 74GA Power to require information or documents
- 74GAA Privilege against self - incrimination not abrogated
Division 4--Banning orders
- 74GB Banning orders--aged care workers and governing persons of approved providers etc.
- 74GC Application etc. of banning order made against an aged care worker etc.
- 74GD Contraventions of banning orders etc.
- 74GE Notice of intention to make a banning order
- 74GF Variation or revocation of a banning order etc. on the Commissioner's own initiative
- 74GG Variation or revocation of a banning order on application made by an individual
- 74GH Variation or revocation of a condition to which a banning order is subject on application made by an individual
- 74GI Register of banning orders
PART 8B--RECONSIDERATION--AND REVIEW OF DECISIONS
Division 1--Introduction
- 74H Simplified outline of this Part
Division 2--Reconsideration and review of decisions
- 74J Reviewable decisions and affected persons
- 74K Affected person may request reconsideration of reviewable decision
- 74L Reconsideration of reviewable decision on request
- 74M Reconsideration of reviewable decision on own initiative of Commissioner etc.
- 74N Review by the Administrative Appeals Tribunal