Commonwealth Consolidated Acts

AGED CARE QUALITY AND SAFETY COMMISSION ACT 2018

TABLE OF PROVISIONS

           Long Title

   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.  
   8B.     Meaning of key personnel of a person or body  
   8C.     Meaning of suitability matters in relation to an individual  
   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. of the Commission

   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  
   18A.    Code 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  
   58A.    Additional purpose of NDIS worker screening database  

           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.  

           Division 5--Other matters

   63AA.   Authorisations for the purposes of the Privacy Act 1988  

   PART 7A--APPROVAL--OF PROVIDERS OF AGED CARE ETC.

           Division 1--Introduction

   63A.    Simplified outline of this Part  

           Division 2--Approval of providers of aged care

   63B.    Application for approval as provider of aged care  
   63C.    Request for further information  
   63D.    Commissioner must decide whether to approve person as provider of aged care  
   63E.    Notification of decision relating to approval of person as provider of aged care  

           Division 3--Deemed approval of States, Territories and local government etc.

   63F.    States, Territories and local government etc. taken to be approved providers etc.  

           Division 4--Cessation and revocation of approval

   63G.    When approval as provider of aged care ceases to have effect  
   63H.    Revocation of approval on request of approved provider  
   63J.    Revocation of approval of approved provider if Commissioner is satisfied of certain matters  
   63K.    Notice of intention to revoke approval as provider of aged care  
   63L.    Notice of revocation of approval as provider of aged care etc.  

   PART 7B--SANCTIONS--FOR NON-COMPLIANCE WITH AGED CARE RESPONSIBILITIES OF APPROVED PROVIDERS

           Division 1--Introduction

   63M.    Simplified outline of this Part  

           Division 2--Imposition of sanctions by the Commissioner

   63N.    Commissioner may impose sanctions for non - compliance with aged care responsibilities  
   63P.    Period within which the revocation of approval of approved provider must take effect in certain circumstances  
   63Q.    When the revocation or suspension of allocation of places is to take effect  
   63R.    Kinds of sanctions that may be imposed on approved providers  

           Division 3--Notices that must, or may be given, before sanctions are imposed

   63S.    Commissioner must notify approved provider of intention to impose sanctions on the provider  
   63T.    Approved provider may be required to give undertaking about remedying non - compliance  
   63U.    Approved provider may be required to agree to certain matters if revocation of approval is being considered  

           Division 4--Lifting of sanctions imposed on approved providers

   63V.    Application for lifting of sanction imposed on approved provider  
   63W.    Request for further information  
   63X.    Commissioner must decide whether to lift sanction imposed on approved provider  
   63Y.    Notification of decision relating to lifting of sanction imposed on approved provider  

   PART 8--ENTRY--AND SEARCH POWERS RELATING TO PROVIDER APPROVAL APPLICATIONS ETC.

           Division 1--Introduction

   64.     Simplified outline of this Part  

           Division 2--Powers of authorised officers in relation to premises

   64A.    Power to enter premises and exercise search powers in relation to applications for approval as provider of aged care  
   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--Identity cards

   73.     Authorised officers must carry identity card  
   74.     Identity cards for quality assessors  

   PART 8AA--CODE--OF CONDUCT

           Division 1--Introduction

   74AA.   Simplified outline of this Part  

           Division 2--Code of Conduct

   74AB.   Contravention of Code of Conduct by approved providers  
   74AC.   Aged care workers of approved providers must comply with Code of Conduct  
   74AD.   Governing persons of approved providers must comply with Code of Conduct  
   74AE.   Code of Conduct  

   PART 8A--ENFORCEMENT--AND COMPLIANCE

           Division 1--Introduction

   74A.    Simplified outline of this Part  

           Division 2--Regulatory powers

   74B.    Monitoring powers  
   74C.    Modifications of Part 2 of the Regulatory Powers Act  
   74D.    Investigation powers  
   74E.    Modifications of Part 3 of the Regulatory Powers Act  
   74EA.   Civil penalty provisions  
   74EB.   Infringement notices  
   74EC.   Enforceable undertakings  
   74ED.   Injunctions  

           Division 2A--Compliance notices

   74EE.   Compliance notices  

           Division 3--Notice to attend to answer questions etc.

   74F.    Notice to attend to answer questions etc. relevant to whether aged care responsibility is being complied with  
   74FA.   Notice to attend to answer questions etc. relevant to compliance with Code of Conduct  
   74G.    Attending before authorised officer to answer questions  
   74GA.   Power to require information or documents  
   74GAA.  Privilege against self - incrimination not abrogated  

           Division 4--Banning orders

   74GB.   Banning orders--aged care workers and governing persons of approved providers etc.  
   74GC.   Application etc. of banning order made against an aged care worker etc.  
   74GD.   Contraventions of banning orders etc.  
   74GE.   Notice of intention to make a banning order  
   74GF.   Variation or revocation of a banning order etc. on the Commissioner's own initiative  
   74GG.   Variation or revocation of a banning order on application made by an individual  
   74GH.   Variation or revocation of a condition to which a banning order is subject on application made by an individual  
   74GI.   Register of banning orders  

   PART 8B--RECONSIDERATION--AND REVIEW OF DECISIONS

           Division 1--Introduction

   74H.    Simplified outline of this Part  

           Division 2--Reconsideration and review of decisions

   74J.    Reviewable decisions and affected persons  
   74K.    Affected person may request reconsideration of reviewable decision  
   74L.    Reconsideration of reviewable decision on request  
   74M.    Reconsideration of reviewable decision on own initiative of Commissioner etc.  
   74N.    Review by the Administrative Review Tribunal  

   PART 9--MISCELLANEOUS

   75.     Simplified outline of this Part  
   75A.    Appointment of authorised officers  
   76.     Delegation by the Commissioner  
   76A.    Review of operation of this Act and the rules  
   77.      Rules