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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  

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