AGED CARE QUALITY AND SAFETY COMMISSION ACT 2018 (NO. 149, 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.
- 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
- 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
- 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
- 24 Appointment
- 25 Acting 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
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.
PART 8--ENTRY AND SEARCH POWERS
Division 1--Introduction
- 64 Simplified outline of this Part
Division 2--Powers of authorised complaints officers in relation to premises
- 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
- 71 Search powers
- 72 Operating electronic equipment
Division 5--Appointment of authorised complaints officers etc
- 73 Appointment of authorised complaints officers
- 74 Identity cards
PART 9--MISCELLANEOUS
- 75 Simplified outline of this Part
- 76 Delegation by the Commissioner
- 76A Review of operation of this Act and the rules
- 77 Rules