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Part 1—Preliminary

Part 1 Preliminary

Division 1 Preliminary

1   Short title

                   This Act is the Aged Care Quality and Safety Commission Act 2018 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

1 January 2019.

1 January 2019

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Act binds the Crown

                   This Act binds the Crown in each of its capacities.

4   Extension to external Territories

                   This Act extends to the external Territories other than the Territory of Ashmore and Cartier Islands.

5   Object of this Act

             (1)  The object of this Act is to establish a regulatory framework that will:

                     (a)  protect and enhance the safety, health, well-being and quality of life of aged care consumers; and

                     (b)  promote aged care consumers’ confidence and trust in the provision of aged care services and Commonwealth-funded aged care services; and

                     (c)  promote engagement with aged care consumers about the quality of care and services provided by:

                              (i)  approved providers of aged care services; and

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

             (2)  It is Parliament’s intention to further the object of this Act by conferring, through future legislative change, additional functions on the Commissioner relating to matters such as the approval of providers of aged care and compliance.

6   Simplified outline of this Act

This Act establishes the Aged Care Quality and Safety Commission and provides for there to be a Commissioner of the Commission.

A number of functions are conferred on the Commissioner, including:

       (a)     the function of protecting and enhancing the safety, health, well-being and quality of life of aged care consumers; and

      (b)     the function of promoting the provision of quality care and services by approved providers of aged care services and service providers of Commonwealth-funded aged care services; and

       (c)     the consumer engagement functions; and

      (d)     the complaints functions; and

       (e)     the regulatory functions; and

       (f)     the education functions.

The Aged Care Quality and Safety Advisory Council is also established and has specified functions relating to the giving of advice in relation to the Commissioner’s functions.

This Act also deals with the sharing of information, confidentiality and powers to enter premises and exercise the search powers in relation to premises for certain purposes.

Division 2 Definitions

7   Definitions

                   In this Act:

Advisory Council means the Aged Care Quality and Safety Advisory Council established by section 37.

Advisory Council member means a member of the Advisory Council and includes the Chair.

aged care has the same meaning as in the Aged Care Act.

Aged Care Act means the Aged Care Act 1997 .

aged care consumer means:

                     (a)  a care recipient; or

                     (b)  a person who is a recipient of a Commonwealth-funded aged care service.

Aged Care Pricing Commissioner has the same meaning as in the Aged Care Act.

Aged Care Principles means Principles made under section 96-1 of the Aged Care Act.

aged care service has the same meaning as in the Aged Care Act.

annual operational plan means the annual operational plan given to the Minister under section 54.

approved provider has the same meaning as in the Aged Care Act.

authorised complaints officer means a person appointed under subsection 73(1) as an authorised complaints officer.

care has the same meaning as in the Aged Care Act.

care recipient means a person approved under Part 2.3 of the Aged Care Act as a recipient of aged care.

Chair means the Chair of the Advisory Council.

Commission means the Aged Care Quality and Safety Commission established by section 11.

Commissioner means the Commissioner of the Commission.

Commonwealth-funded aged care service : see subsection 8(1).

complaints functions : see section 18.

consumer engagement functions : see section 17.

education functions : see section 20.

funding agreement that relates to a Commonwealth-funded aged care service: see subsection 8(2).

home care service has the same meaning as in the Aged Care Act.

identity card means an identity card issued under subsection 74(1).

paid work means work for financial gain or reward (whether as an employee, a self-employed person or otherwise).

people with special needs has the same meaning as in the Aged Care Act.

personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

place has the same meaning as in the Aged Care Act.

protected information : see subsection 60(2).

quality assessor means a person registered as a quality assessor under the rules.

regulatory functions : see section 19.

regulatory official means the Commissioner or a quality assessor.

relevant data : see subsection 72(3).

residential care service has the same meaning as in the Aged Care Act.

rules means the rules made under section 77.

search powers : see sections 71 and 72.

Secretary means the Secretary of the Department.

service provider of a Commonwealth-funded aged care service: see subsection 8(3).

staff of the Commission means the staff of the Commission referred to in section 33.

vacancy , in relation to the office of an Advisory Council member, has a meaning affected by section 9.

8   Meaning of Commonwealth-funded aged care service etc.

             (1)  A Commonwealth-funded aged care service is a service provided under a program that is a program (the funded program ) of a kind specified in the rules for the purposes of this subsection.

             (2)  A funding agreement that relates to a Commonwealth-funded aged care service is the agreement between a person or body and the Commonwealth that relates to a funded program under which the service is, or is to be, provided.

             (3)  A service provider of a Commonwealth-funded aged care service is a person or body that is a party to the funding agreement that relates to the service.

9   Vacancy in the office of an Advisory Council member

                   For the purposes of a reference in:

                     (a)  this Act to a vacancy in the office of an Advisory Council member; or

                     (b)  the Acts Interpretation Act 1901 to a vacancy in the membership of a body;

there are taken to be 10 offices of Advisory Council members in addition to the Chair.