Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 149, 2018
Compilation No. 10
Compilation date: 14 October 2024
Includes amendments: Act No. 39, 2024
About this compilation
This compilation
This is a compilation of the Aged Care Quality and Safety Commission Act 2018 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
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
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
r = regulation(s)/rule(s) | |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
149, 2018 | 10 Dec 2018 | 1 Jan 2019 (s 2(1) item 1) |
| |
Aged Care Legislation Amendment (New Commissioner Functions) Act 2019 | 116, 2019 | 11 Dec 2019 | Sch 1 (items 55-64), Sch 2 (items 39-91), Sch 3 (items 2-6) and Sch 4: 1 Jan 2020 (s 2(1) item 2) | Sch 4 |
Aged Care Legislation Amendment (Serious Incident Response Scheme and Other Measures) Act 2021 | 9, 2021 | 1 Mar 2021 | Sch 1 (items 3, 13-15) and Sch 2 (items 1-3, 6-12): 1 Apr 2021 (s 2(1) item 2) | Sch 1 (items 14, 15) and Sch 2 (item 12) |
13, 2021 | 1 Mar 2021 | Sch 4 (item 2): 1 Sept 2021 (s 2(1) item 6) | -- | |
Aged Care and Other Legislation Amendment (Royal Commission Response No. 1) Act 2021 | 57, 2021 | 28 June 2021 | Sch 1 (items 5-10): 1 July 2021 (s 2(1) item 2) | -- |
Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022 | 34, 2022 | 5 Aug 2022 | Sch 3 (items 3-27) and Sch 5 (items 19-34, 39, 40): 1 Dec 2022 (s 2(1) items 4, 7) | Sch 4 (item 16), Sch 5 (items 34, 39, 40), Sch 6 (item 19) and Sch 8 (items 122, 134) |
Inspector-General of Aged Care (Consequential and Transitional Provisions) Act 2023 | 56, 2023 | 17 Aug 2023 | Sch 1 (items 3, 4): 16 Oct 2023 (s 2(1) item 1) | -- |
Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Act 2023 | 103, 2023 | 28 Nov 2023 | Sch 2 (item 2): 1 Jan 2024 (s 2(1) item 2) | -- |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 | 39, 2024 | 31 May 2024 | Sch 9 (items 1-5): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
Division 1 |
|
s 5..................... | am No 116, 2019 |
s 6..................... | am No 116, 2019; No 34, 2022 |
Division 2 |
|
s 7..................... | am No 116, 2019; No 9, 2021; No 57, 2021; No 34, 2022; No 56, 2023 |
s 8A.................... | ad No 116, 2019 |
| rep No 34, 2022 |
s 8B.................... | ad No 116, 2019 |
s 8C.................... | ad No 34, 2022 |
| am No 34, 2022 |
Part 3 |
|
Division 1 |
|
s 14.................... | am No 116, 2019; No 34, 2022 |
Division 2 |
|
s 16.................... | am No 116, 2019; No 34, 2022 |
s 18A................... | ad No 34, 2022 |
s 21.................... | am No 9, 2021; No 34, 2022 |
| ed C5 |
Part 6 |
|
s 52.................... | am No 116, 2019 |
Part 7 |
|
Division 2 |
|
s 58A................... | ad No 34, 2022 |
Division 4 |
|
s 60.................... | am No 116, 2019 |
s 61.................... | am No 116, 2019 |
| ed C1 |
| am No 34, 2022; No 56, 2023; No 103, 2023 |
Division 5 |
|
Division 5................ | ad No 34, 2022 |
s 63AA.................. | ad No 34, 2022 |
Part 7A |
|
Part 7A.................. | ad No 116, 2019 |
Division 1 |
|
s 63A................... | ad No 116, 2019 |
Division 2 |
|
s 63B................... | ad No 116, 2019 |
s 63C................... | ad No 116, 2019 |
s 63D................... | ad No 116, 2019 |
| am No 34, 2022 |
s 63E................... | ad No 116, 2019 |
Division 3 |
|
s 63F................... | ad No 116, 2019 |
Division 4 |
|
s 63G................... | ad No 116, 2019 |
s 63H................... | ad No 116, 2019 |
s 63J.................... | ad No 116, 2019 |
| am No 34, 2022 |
s 63K................... | ad No 116, 2019 |
s 63L................... | ad No 116, 2019 |
Part 7B |
|
Part 7B.................. | ad No 116, 2019 |
Division 1 |
|
s 63M................... | ad No 116, 2019 |
Division 2 |
|
s 63N................... | ad No 116, 2019 |
| am No 9, 2021 |
s 63P................... | ad No 116, 2019 |
s 63Q................... | ad No 116, 2019 |
s 63R................... | ad No 116, 2019 |
Division 3 |
|
s 63S................... | ad No 116, 2019 |
s 63T................... | ad No 116, 2019 |
s 63U................... | ad No 116, 2019 |
Division 4 |
|
s 63V................... | ad No 116, 2019 |
s 63W................... | ad No 116, 2019 |
s 63X................... | ad No 116, 2019 |
s 63Y................... | ad No 116, 2019 |
Part 8 |
|
Part 8 heading............. | rs No 116, 2019 |
Division 1 |
|
s 64.................... | am No 116, 2019 |
Division 2 |
|
Division 2 heading.......... | am No 116, 2019 |
s 64A................... | ad No 116, 2019 |
s 65.................... | am No 116, 2019 |
s 66.................... | am No 116, 2019 |
s 67.................... | am No 116, 2019 |
Division 3 |
|
s 69.................... | am No 116, 2019 |
s 70.................... | am No 116, 2019 |
Division 4 |
|
s 71.................... | am No 116, 2019 |
s 72.................... | am No 116, 2019 |
Division 5 |
|
Division 5 heading.......... | rs No 116, 2019 |
s 73.................... | rs No 116, 2019 |
s 74.................... | am No 116, 2019 |
Part 8AA |
|
Part 8AA................. | ad No 34, 2022 |
Division 1 |
|
s 74AA.................. | ad No 34, 2022 |
Division 2 |
|
s 74AB.................. | ad No 34, 2022 |
s 74AC.................. | ad No 34, 2022 |
s 74AD.................. | ad No 34, 2022 |
s 74AE.................. | ad No 34, 2022 |
Part 8A |
|
Part 8A heading............ | rs No 34, 2022 |
Part 8A.................. | ad No 116, 2019 |
Division 1 |
|
s 74A................... | ad No 116, 2019 |
| am No 9, 2021; No 57, 2021; No 34, 2022 |
Division 2 |
|
s 74B................... | ad No 116, 2019 |
| am No 13, 2021; No 34, 2022 |
s 74C................... | ad No 116, 2019 |
| am No 34, 2022 |
s 74D................... | ad No 116, 2019 |
| am No 9, 2021; No 13, 2021 |
s 74E................... | ad No 116, 2019 |
s 74EA.................. | ad No 9, 2021 |
| am No 9, 2021 |
s 74EB.................. | ad No 9, 2021 |
| am No 34, 2022 |
s 74EC.................. | ad No 9, 2021 |
| am No 9, 2021; No 34, 2022 |
s 74ED.................. | ad No 9, 2021 |
| am No 9, 2021; No 34, 2022 |
Division 2A |
|
Division 2A............... | ad No 9, 2021 |
s 74EE.................. | ad No 9, 2021 |
| am No 57, 2021; No 34, 2022 |
Division 3 |
|
s 74F................... | ad No 116, 2019 |
s 74FA.................. | ad No 34, 2022 |
s 74G................... | ad No 116, 2019 |
| am No 34, 2022 |
s 74GA.................. | ad No 9, 2021 |
s 74GAA................. | ad No 34, 2022 |
Division 4 |
|
Division 4................ | ad No 34, 2022 |
s 74GB.................. | ad No 34, 2022 |
s 74GC.................. | ad No 34, 2022 |
s 74GD.................. | ad No 34, 2022 |
s 74GE.................. | ad No 34, 2022 |
s 74GF.................. | ad No 34, 2022 |
s 74GG.................. | ad No 34, 2022 |
s 74GH.................. | ad No 34, 2022 |
s 74GI................... | ad No 34, 2022 |
| am No 39, 2024 |
Part 8B |
|
Part 8B.................. | ad No 116, 2019 |
Division 1 |
|
s 74H................... | ad No 116, 2019 |
Division 2 |
|
s 74J.................... | ad No 116, 2019 |
| am No 9, 2021; No 57, 2021; No 34, 2022 |
s 74K................... | ad No 116, 2019 |
s 74L................... | ad No 116, 2019 |
| am No 39, 2024 |
s 74M................... | ad No 116, 2019 |
| am No 39, 2024 |
s 74N................... | ad No 116, 2019 |
| am No 39, 2024 |
Part 9 |
|
s 75.................... | am No 116, 2019 |
s 75A................... | ad No 116, 2019 |
s 76.................... | am No 116, 2019 |