Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act:
"ABN" has the meaning given by the A New Tax System (Australian Business Number) Act 1999 .
"accommodation bond" has the same meaning as in the Aged Care Act.
"accommodation charge" has the same meaning as in the Aged Care Act.
"accommodation contribution" has the same meaning as in the Aged Care Act.
"accommodation payment" has the same meaning as in the Aged Care 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.
"affected person" : see section 74J.
"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 Principles" means Principles made under section 96 - 1 of the Aged Care Act.
"aged care responsibility" means a responsibility of an approved provider under Chapter 4 of the Aged Care Act.
"aged care service" has the same meaning as in the Aged Care Act.
"aged care worker" of an approved provider means:
(a) an individual employed or otherwise engaged (including on a voluntary basis) by the provider; or
(b) an individual:
(i) who is employed or otherwise engaged (including on a voluntary basis) by a contractor or subcontractor of the provider; and
(ii) who provides care or other services to the care recipients provided with aged care through an aged care service of the provider.
Note: An individual engaged by an approved provider includes an independent contractor.
"annual operational plan" means the annual operational plan given to the Minister under section 54.
"approved provider" : a person or body is an approved provider if:
(a) the person or body:
(i) has been approved as a provider of aged care under section 63D; or
(ii) is taken, under paragraph 63F(2)(a), to be an approved provider; and
(b) the approval of the person or body is in effect.
Note: The approval of the person or body ceases to have effect if it is suspended or revoked under Division 4 of Part 7A or Part 7B.
"authorised officer" means a person appointed as an authorised officer under subsection 75A(1).
"banning order" means an order made under subsection 74GB(1) or (3).
"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.
"civil penalty order" has the same meaning as in the Regulatory Powers Act.
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
"code functions" : see section 18A.
"Code of Conduct" means the code of conduct which the rules made for the purposes of subsection 74AE(1) make provision for or in relation to.
"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.
"compliance notice" means a notice given under section 74EE.
"consumer engagement functions" : see section 17.
"corporation" means a trading or financial corporation within the meaning of paragraph 51(xx) of the Constitution.
"distinct part" , in relation to a residential care service, has the same meaning as in the Aged Care Act.
"education functions" : see section 20.
"eligible adviser" means a person other than:
(b) an officer of the Commonwealth; or
(c) a person specified in the rules.
"extra service status" has the same meaning as in the Aged Care Act.
"Federal Court" means the Federal Court of Australia.
"flexible care" has the same meaning as in the Aged Care Act.
"flexible care service" has the same meaning as in the Aged Care Act.
"funding agreement" that relates to a Commonwealth - funded aged care service: see subsection 8(2).
"governing person" of an approved provider means an individual who is one of the key personnel of the provider under paragraph 8B(1)(a) or (b).
"home care" has the same meaning as in the Aged Care Act.
"home care service" has the same meaning as in the Aged Care Act.
"identity card" means:
(a) in relation to an authorised officer--an identity card issued to the authorised officer under section 35 or 76 of the Regulatory Powers Act; or
(b) in relation to a quality assessor--an identity card issued to the quality assessor under section 74 of this Act.
"indictable offence" means:
(a) an indictable offence against a law of the Commonwealth or of a State or Territory; or
(b) an offence that:
(i) is an offence against a law of a foreign country or of a part of a foreign country; and
(ii) when committed, corresponds to an indictable offence against a law of the Commonwealth or of a State or Territory.
"Inspector-General of Aged Care" means the Inspector - General of Aged Care referred to in section 9 of the Inspector - General of Aged Care Act 2023 .
"internal decision reviewer" means:
(a) the Commissioner; or
(b) a delegate of the Commissioner referred to in paragraph 74L(1)(b) or 74M(1)(b).
"key personnel" of a person or body has the meaning given by section 8B.
"local government authority" means a body established for the purposes of local government by or under a law of a State or Territory.
"NDIS banning order" means a banning order made under section 73ZN of the National Disability Insurance Scheme Act 2013 .
"non-compliance notice" means a notice given under subsection 63S(2).
"occupied place" of an approved provider: see subsection 63Q(5).
"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.
"Pricing Authority" has the same meaning as in the National Health Reform Act 2011 .
"protected information" : see subsection 60(2).
"provisional allocation" has the same meaning as in the Aged Care Act.
"quality assessor" means a person registered as a quality assessor under the rules.
"reconsideration decision" means a decision made under subsection 74L(2) or 74M(3).
"regulatory functions" : see section 19.
"regulatory official" means the Commissioner or a quality assessor.
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
"relevant data" : see subsection 72(3).
"reportable incident" means:
(a) for an approved provider--a reportable incident within the meaning of the Aged Care Act; or
(b) for a service provider of a Commonwealth - funded aged care service--an incident that is a reportable incident under the funding agreement that relates to the service.
"residential care" has the same meaning as in the Aged Care Act.
"residential care service" has the same meaning as in the Aged Care Act.
"reviewable decision" : see section 74J.
"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.
"State or Territory authority" means a body established for a public purpose by or under a law of a State or Territory.
"subsidy" has the same meaning as in the Aged Care Act.
"suitability matters" in relation to an individual has the meaning given by section 8C.
"vacancy" , in relation to the office of an Advisory Council member, has a meaning affected by section 9.
"vacant place" of an approved provider: see subsection 63Q(4).