Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 92.1

Provisions subject to monitoring

  (1)   The following provisions of this Act are subject to monitoring under Part   2 of the * Regulatory Powers Act:

  (a)   section   25 - 3 (which deals with the appraisal of the level of care needed by care recipients);

  (b)   sections   27 - 3 and 27 - 5 (which deal with the reappraisal of the level of care needed by care recipients).

Note:   Part   2 of the Regulatory Powers Act creates a framework for monitoring whether the provisions have been complied with. It includes powers of entry and inspection.

Information subject to monitoring

  (2)   Information given in compliance, or purported compliance, with the following provisions of this Act is subject to monitoring under Part   2 of the * Regulatory Powers Act:

  (a)   a provision of Chapter   3 of this Act (which deals with * subsidies);

  (b)   a provision of Chapter   3 of the Aged Care (Transitional Provisions) Act 1997 (which deals with subsidies).

Note:   Part   2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.

Related provisions

  (3)   For the purposes of Part   2 of the * Regulatory Powers Act, a provision of Division   29A of this Act is related to the provisions mentioned in subsection   (1).

Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court

  (4)   For the purposes of Part   2 of the * Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection   (1) and the information mentioned in subsection   (2):

  (a)   an * authorised officer is an authorised applicant; and

  (b)   an authorised officer is an authorised person; and

  (c)   a magistrate is an issuing officer; and

  (d)   the Secretary is the relevant chief executive; and

  (e)   each of the following is a relevant court:

  (i)   the * Federal Court;

  (ii)   the Federal Circuit and Family Court of Australia (Division   2);

  (iii)   a court of a State or Territory that has jurisdiction in relation to matters arising under this Act or the Aged Care (Transitional Provisions) Act 1997 .

Persons assisting

  (5)   An * authorised officer may be assisted by other persons in exercising powers or performing functions under Part   2 of the * Regulatory Powers Act in relation to the provisions mentioned in subsection   (1) and the information mentioned in subsection   (2).

Use of force in executing warrant

  (6)   In executing a warrant issued under Part   2 of the * Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection   (1) and the information mentioned in subsection   (2):

  (a)   an * authorised officer may use such force against things as is necessary and reasonable in the circumstances; and

  (b)   a person assisting the officer may use such force against things as is necessary and reasonable in the circumstances.

Extension to external Territories

  (7)   Part   2 of the * Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection   (1) and the information mentioned in subsection   (2), extends to the same external Territories in which this Act applies.

Note:   See section   4 - 1 for the external Territories in which this Act applies.