Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

AGED CARE QUALITY AND SAFETY COMMISSION ACT 2018 - SECT 74A

Simplified outline of this Part

An authorised officer may enter premises under a warrant or with consent of the occupier and exercise monitoring powers there under Part   2 of the Regulatory Powers Act, for the purposes of determining the following:

  (aa)   whether an aged care worker, or a governing person, of an approved provider has complied, or is complying, with the provisions of the Code of Conduct that apply to them;

  (a)   whether a provision of Chapter   4 of the Aged Care Act has been, or is being, complied with;

  (b)   whether information given in compliance or purported compliance with a provision of that chapter is correct.

An authorised officer may, under Part   3 of the Regulatory Powers Act, gather material that relates to the contravention of:

  (a)   an offence provision of this Act or the Aged Care Act; or

  (b)   an offence provision of the Crimes Act 1914 or the Criminal Code that relates to this Act or the Aged Care Act; or

  (c)   a civil penalty provision of this Act or Division   54 of the Aged Care Act.

Parts   2, 3 and 4 of the Regulatory Powers Act are applied by this Part with suitable modifications. The civil penalty provisions and some strict liability offence provisions are also subject to an infringement notice under Part   5 of the Regulatory Powers Act.

The following may be enforced by enforceable undertakings and injunctions under Parts   6 and 7 of the Regulatory Powers Act:

  (a)   compliance with the provisions of the Code of Conduct that apply to an aged care worker, or a governing person, of an approved provider;

  (b)   an approved provider's responsibilities under Chapter   4 of the Aged Care Act.

The Commissioner may give an approved provider a compliance notice requiring the provider to take, or refrain from taking, action in order to address non - compliance with certain aged care responsibilities.

The Commissioner may require a person in certain circumstances to attend before an authorised officer to answer questions or give certain information or documents.

The Commissioner may, in certain circumstances, make a banning order against an individual who is or was an aged care worker, or a governing person, of an approved provider.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback