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Aged Care Legislation Amendment (New Commissioner Functions) Bill 2019

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8811 revised

2019

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Aged Care Legislation Amendment (New Commissioner Functions) Bill 2019

 

 

(1)     Schedule 2, page 31 (after line 19), after item 19, insert:

19A  Paragraphs 56-1(k) and (l)

Repeal the paragraphs, substitute:

                     (k)  to do the following:

                              (i)  allow people acting for care recipients to have such access to the service as is specified in the User Rights Principles;

                             (ii)  provide such people information relating to the residential care being provided by the service;

                      (l)  to do the following:

                              (i)  allow people acting for bodies that have been paid * advocacy grants under Part 5.5, or * community visitors grants under Part 5.6, to have such access to the service as is specified in the User Rights Principles;

                             (ii)  provide such people information relating to the residential care being provided by the service;

19B  Paragraph 56-2(j)

Repeal the paragraph, substitute:

                      (j)  to do the following:

                              (i)  allow people acting for bodies that have been paid * advocacy grants under Part 5.5 to have such access to the service as is specified in the User Rights Principles;

                             (ii)  provide such people information relating to the home care being provided by the service;

19C  Paragraphs 56-3(j) and (k)

Repeal the paragraphs, substitute:

                      (j)  to do the following:

                              (i)  allow people acting for care recipients to have such access to the service as is specified in the User Rights Principles;

                             (ii)  provide such people information relating to the flexible care being provided by the service;

                     (k)  to do the following:

                              (i)  allow people acting for bodies that have been paid * advocacy grants under Part 5.5 to have such access to the service as is specified in the User Rights Principles;

                             (ii)  provide such people information relating to the flexible care being provided by the service;

[advocates and community visitors]

(2)     Schedule 2, page 49 (after line 14), after item 47, insert:

47A  At the end of section 18

Add:

                   ; (c)  the performance of any assessment (however described) conducted, in accordance with the rules, for the purposes of accrediting an aged care service referred to in paragraph 19(a);

                     (d)  the performance of any quality review conducted, in accordance with the rules, of a service referred to in paragraph 19(b);

                     (e)  the performance of any monitoring, in accordance with the rules, of the quality of care and services provided by:

                              (i)  approved providers of an aged care service referred to in paragraph 19(c); or

                             (ii)  service providers of Commonwealth-funded aged care services;

                      (f)  the performance of any electronic platform established by the Commonwealth to provide information relating to the provision of aged care services or Commonwealth-funded aged care service.

47B  At the end of subsection 21(2)

Add:

                   ; (c)  the performance of any assessment (however described) conducted, in accordance with the rules, for the purposes of accrediting an aged care service referred to in paragraph 19(a);

                     (d)  the performance of any quality review conducted, in accordance with the rules, of a service referred to in paragraph 19(b);

                     (e)  the performance of any monitoring, in accordance with the rules, of the quality of care and services provided by:

                              (i)  approved providers of an aged care service referred to in paragraph 19(c); or

                             (ii)  service providers of Commonwealth-funded aged care services;

                      (f)  the performance of any electronic platform established by the Commonwealth to provide information relating to the provision of aged care services or Commonwealth-funded aged care service.

[complaints function]

(3)     Schedule 2, page 49 (after line 19), after item 48, insert:

48A  At the end of Division 3 of Part 7

Add:

59B   Publicly available report on complaints etc. relating to approved providers and service providers

             (1)  As soon as reasonably practicable after the end of each calendar month, the Commissioner must:

                     (a)  prepare a report setting out the matters mentioned in subsections (2) and (3); and

                     (b)  make the report publicly available.

             (2)  For approved providers the Commissioner received complaints or information about, the report must set out:

                     (a)  the number of complaints or information received about each approved provider during the calendar month; and

                     (b)  the number of complaints or information received about each approved provider during a previous calendar month that were not resolved or dealt with by the end of the calendar month;

                     (c)  for each aged care responsibility that the complaints or information relates to—the number of complaints or information received relating to the responsibility; and

                     (d)  both:

                              (i)  the type of actions taken by the Commissioner to address the complaints, or to deal with the information, and

                             (ii)  the number of those types of actions taken.

             (3)  For service providers of Commonwealth-funded aged care services the Commissioner received a complaint or information about, the report must set out:

                     (a)  the number of complaints or information received about each service provider during the calendar month; and

                     (b)  the number of complaints or information received about each service provider during a previous calendar month that were not resolved or dealt with by the end of the calendar month; and

                     (c)  for each responsibility under the funding agreement that relates to the service that the complaints or information relates to—the number of complaints or information received relating to the responsibility; and

                     (d)  both:

                              (i)  the type of actions taken by the Commissioner to address the complaints, or to deal with the information, and

                             (ii)  the number of those types of actions taken.

             (4)  The report must not include personal information unless the inclusion of the personal information is necessary to identify the approved provider or service provider (as the case may be).

[publicly available report]