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Aged Care Legislation Amendment (New Commissioner Functions) Bill 2019

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8804 revised

2019

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Aged Care Legislation Amendment (New Commissioner Functions) Bill 2019

 

 

(1)     Page 82 (after line 21), after Schedule 3, insert:

Schedule 3A Transparency of approved providers

   

Aged Care Act 1997

1  After section 9-2

Insert:

9-2A   Obligation to provide Commissioner a report

             (1)  As soon as practicable within 3 months after the end of a financial year, an approved provider must provide the * Quality and Safety Commissioner with a writt en report for each facility operated by the provider that provided residential care in the financial year.

             (2)  The report must include the following information:

                     (a)  the total income received by the provider from the facility;

                     (b)  the sources of that income;

                     (c)  the total amount spent in the financial year;

                     (d)  the total cost of care expenditure which includes the itemised cost of the following:

                              (i)  food and food supplements;

                             (ii)  medical products;

                            (iii)  continence aids;

                     (e)  the total cost of accommodation;

                      (f)  the total cost of staff members for each category of staff member referred to in subsection (3);

                     (g)  the total cost of staff member training;

                     (h)  the total amount of other operational expenditure itemised by category;

                      (i)  any amount paid to a related body corporate within the meaning of section 50 of the Corporations Act 2011 .

Note:          Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7A of the * Quality and Safety Commission Act. The expenditure report provided under this section is made publicly available (see section 96-11).

             (3)  For the purposes of paragraph (2)(f), the categories of staff member are the following:

                     (a)  registered nurses;

                     (b)  enrolled nurses;

                     (c)  personal care attendants;

                     (d)  allied health staff;

                     (e)  administrative staff;

                      (f)  other staff members.

Note:          The category of other staff members should be further broken down into appropriate categories.

             (4)  In this section:

staff member of an approved provider has the same meaning as in section 63-1AA.

2  After section 96-10

Insert:

96-11   Publication of reports by Commissioner

                   The * Quality and Safety Commissioner must make publicly available the report provided to the Commissioner under section 9-2A.

[transparency obligations]

(2)     Page 82 (after line 21), after Schedule 3, insert:

Schedule 3B Staff to care recipient ratios

   

Aged Care Act 1997

1  After section 9-2

Insert:

9-2B   Obligation to notify Commissioner about staff to care recipient ratios

             (1)  An approved provider must notify the * Quality and Safety Commissioner in relation to each facility operated by the provider that provided residential care, on each notification day for each rostered shift, ratios of:

                     (a)  care recipients to whom residential care is being provided through that facility; to

                     (b)  each category of staff member of the provider that provides a service connected with that facility.

Note:          Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7A of the * Quality and Safety Commission Act. Information notified under this section is made publicly available (see section 96-12).

             (2)  In counting staff members for the purposes of this section, part-time staff members are to be taken into account as an appropriate fraction of a full-time equivalent.

             (3)  For the purposes of subsection (1), a notification day is:

                     (a)  the 4 days, in each year, specified in the regulations; or

                     (b)  if no days are specified in the regulations for the purposes of paragraph (a)—each 1 January, 1 April, 1 July and 1 October.

             (4)  For the purposes of subsection (1), the categories of staff member are the following:

                     (a)  registered nurses;

                     (b)  enrolled nurses;

                     (c)  personal care attendants;

                     (d)  allied health staff;

                     (e)  other staff members involved in the delivery of care.

             (5)  A notification under subsection (1) must be made:

                     (a)  as soon as practicable after the day to which the notification relates; and

                     (b)  no later than 21 days after that day.

             (6)  The notification must be in the form approved by the Commissioner.

             (7)  The notification may include an explanation by the approved provider in relation to any ratio notified. The explanation must not exceed 250 words in total.

Note:          If an explanation is provided, the explanation will be made publicly available: see section 96-12.

             (8)  The Commissioner must cause a review of the operation of this section to be undertaken as soon as possible after the first anniversary of the commencement of this section.

             (9)  The review must include a review of:

                     (a)  the operation of subsection (3) and whether the ratios referred to in subsection (1) should include a measure of care recipient acuity levels, and whether the ratios should capture other days or times including Saturdays and Sundays; and

                     (b)  whether there should be a requirement for providers to notify the Commissioner of significant changes between notification days of the ratios referred to in subsection (1) and whether such a requirement would create an unnecessary reporting burden on small providers.

           (10)  The Commissioner must give the Minister a written report of the review.

           (11)  The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

           (12)  In this section:

staff member of an approved provider has the same meaning as in section 63-1AA.

2  After section 96-10

Insert:

96-12   Publication of staff to care recipient ratio notifications

                   The * Quality and Safety Commissioner must make publicly available any information about staff to care recipient ratios of residential care services notified to the Commissioner under section 9-2B.

[staff to care recipient ratios]