Accountability Amendment Principles 2007 (No. 1) (Cth)
Accountability Amendment Principles 2007 (No. 1)
Aged Care Act 1997
I, CHRISTOPHER PYNE, Minister for Ageing, make these Principles under subsection 96‑1 (1) of the Aged Care Act 1997.
Dated 1 May 2007
CHRISTOPHER PYNE
Minister for Ageing
Name of Principles
These Principles are the Accountability Amendment Principles 2007 (No. 1).
Commencement
These Principles commence as follows:
(a) on 1 May 2007 — sections 1 to 3 and Schedule 1;
(b) on 1 July 2007 — Schedule 2.
Amendment of Accountability Principles 1998
Schedules 1 and 2 amend the Accountability Principles 1998.
Schedule 1 Amendments commencing on 1 May 2007
(section 3)
[1] Section 1.3, definition of Committee Principles
omit
[2] Paragraphs 1.4 (1) (c) to (g)
substitute
(c) the Secretary, in relation to the Secretary’s functions under the Investigation Principles 2007;
(d) the Aged Care Commissioner.
[3] Subsections 1.6 (1) and (2)
omit
paragraphs (c) to (g)
insert
paragraphs (c) and (d)
[4] Subsections 1.7 (2) and (3)
substitute
(2) Notice must be in writing, unless it is given by:
(a) the Secretary, in relation to the Secretary’s functions under the Investigation Principles 2007; or
(b) the Aged Care Commissioner, in relation to the Commissioner’s functions under the Act or Investigation Principles 2007.
[5] Paragraph 1.13 (a)
omit
subsection 1.7 (1), (2) or (3),
insert
subsection 1.7 (1) or (2) or
Schedule 2 Amendments commencing on 1 July 2007
(section 3)
[1] Note before Part 1, last paragraph
substitute
These Principles set out:
(a) various aspects of the access that must be given by an approved provider to persons for the purposes of paragraphs 63‑1 (1) (j), (l) and (m) of the Act; and
(b) requirements relating to police certificates and statutory declarations for certain staff members and volunteers; and
(c) circumstances in which reportable assaults need not be reported by an approved provider to a police officer or the Secretary; and
(d) requirements for circumstances mentioned in paragraph (c) or for alleged or suspected reportable assaults.
[2] After Part 4
insert
Part 5 Circumstances in which approved provider has discretion not to report allegations or suspicions of reportable assaults
1.30 Purpose of Part (Act, s 63‑1AA)
The purposes of this Part are:
(a) to specify, for subsection 63‑1AA (3) of the Act, circumstances in which subsection 63‑1AA (2) of the Act does not apply; and
(b) to make requirements that an approved provider must comply with in relation to those circumstances or to alleged or suspected reportable assaults.
Note Subsection 63‑1AA (2) states:
(2) If the approved provider receives an allegation of, or starts to suspect on reasonable grounds, a *reportable assault, the approved provider is responsible for reporting the allegation or suspicion as soon as reasonably practicable, and in any case within 24 hours, to:
(a) a police officer with responsibility relating to an area including the place where the assault is alleged or suspected to have occurred; and
(b) the Secretary.
1.31 When subsection 63‑1AA (2) of the Act does not apply
(1) Subsection 63‑1AA (2) of the Act does not apply to an allegation or suspicion of a reportable assault if:
(a) within 24 hours of receipt of the allegation or the start of the suspicion, the approved provider forms an opinion that the assault was committed by a care recipient to whom the approved provider provides residential care; and
(b) before receipt of the allegation or the start of the suspicion, the care recipient mentioned in paragraph (a) had been assessed by an appropriate health professional as suffering from a cognitive or mental impairment; and
(c) the approved provider puts in place, within 24 hours of receipt of the allegation or the start of the suspicion, arrangements for management of the care recipient’s behaviour; and
(d) the approved provider has:
(i) a copy of the assessment or other documents showing the care recipient’s cognitive or mental impairment; and
(ii) a record of the arrangements put in place under paragraph (c).
Examples of appropriate health professional for paragraph (b)
Geriatrician, other medical practitioner, registered nurse (in Victoria, Division 1 registered nurse).
Note Under section 19.5AA of the Records Principles 1997 an approved provider must also keep consolidated records of all incidents involving allegations or suspicions of reportable assaults.
(2) Subsection 63‑1AA (2) of the Act does not apply to a later allegation that:
(a) relates to the same, or substantially the same, factual situation or event as an earlier allegation; and
(b) has previously been reported to a police officer and the Secretary under subsection 63‑1AA (2) of the Act.
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