Accountability Amendment Principles 2008 (No. 2) (Cth)
Accountability Amendment Principles 2008 (No. 2)1
Aged Care Act 1997
I, JUSTINE ELLIOT, Minister for Ageing, make these Principles under subsection 96-1 (1) of the Aged Care Act 1997.
Dated 18 December 2008
JUSTINE ELLIOT
Minister for Ageing
Name of Principles
These Principles are the Accountability Amendment Principles 2008 (No. 2).
Commencement
These Principles commence on the commencement of the Aged Care Amendment (2008 Measures No. 2) Act 2008.
Amendment of Accountability Principles 1998
Schedule 1 amends the Accountability Principles 1998.
Schedule 1 Amendments
(section 3)
[1] Paragraph 1.14 (a)
substitute
(a) for paragraph 63-1 (1) (m) of the Act, the responsibility of an approved provider:
(i) to give notification of an unexplained absence of a care recipient in certain circumstances; and
(ii) to give information about accommodation bonds and accommodation charges; and
[2] After section 1.14
insert
1.14A Notification of unexplained absences of care recipients to be given to Secretary
(1) This section applies to approved providers of residential care services.
(2) An approved provider must tell the Secretary if:
(a) a care recipient is absent from a residential care service; and
(b) the absence is unexplained; and
(c) the absence has been reported to the police.
(3) The Secretary must be told about the absence as soon as reasonably practicable, and in any case, within 24 hours after the provider reports the absence to the police.
[3] Section 1.18, definition of staff member, paragraphs (b) and (c)
substitute
(b) is employed, hired, retained or contracted by the approved provider (whether directly or through an employment or recruitment agency) to provide care or other services under the control of the approved provider; and
(c) has, or is reasonably likely to have, access to care recipients.
[4] Section 1.18, definition of staff member, examples of persons who are staff members
omit
· kitchen, laundry, garden and office personnel employed by the approved provider who are reasonably likely to have unsupervised access to care recipients
· consultants, trainers and advisors for accreditation support or systems improvement who are reasonably likely to have unsupervised access to care recipients
insert
· kitchen, laundry, garden and office personnel employed by the approved provider
· consultants, trainers and advisors for accreditation support or systems improvement who are under the control of the approved provider.
[5] Section 1.18, definition of staff member, examples of persons who are not staff members
omit
· trades people and management consultants who do not have unsupervised access to care recipients
insert
· trades people who perform work otherwise than under the control of the approved provider (that is, as independent contractors).
[6] Subsection 1.21 (1)
omit
section 1.22, 1.23 or 1.25
insert
section 1.22 or 1.23
[7] Subsection 1.21 (2)
omit
if there is for the person a police certificate or statutory declaration that records
insert
unless the approved provider is satisfied that the police certificate or statutory declaration for the person does not record
[8] After subsection 1.21 (2)
insert
(3) An approved provider must take reasonable measures to require each of its staff members and volunteers to notify the approved provider if the staff member or volunteer is:
(a) convicted of murder or sexual assault; or
(b) convicted of, and sentenced to imprisonment for, any other form of assault.
(4) An approved provider must ensure that a staff member or volunteer is not allowed to continue as a staff member or volunteer if the approved provider is satisfied on reasonable grounds that the staff member or volunteer has been:
(a) convicted of murder or sexual assault; or
(b) convicted of, and sentenced to imprisonment for, any other form of assault.
[9] Paragraph 1.22 (c)
before
the person will be subject
insert
until the police certificate is obtained,
[10] Sections 1.23 and 1.24
substitute
1.23 Conditions for all existing staff members
For a person who is a staff member on 1 January 2009 and who continues to be a staff member on 1 April 2009, an approved provider must ensure that:
(a) there is, by 1 April 2009, a police certificate for the person that is dated not earlier than 1 April 2006; or
(b) if there is no police certificate of that kind:
(i) an application for a police certificate has been made; and
(ii) the staff member makes a statutory declaration on or before 1 April 2009 stating that the person has never:
(A) been convicted of murder or sexual assault; or
(B) been convicted of, and sentenced to imprisonment for, any other form of assault; and
(iii) until the police certificate is obtained, the staff member is subject to appropriate supervision when the staff member has access to care recipients.
1.24 Additional condition for certain existing staff members
(1) This section applies to a person:
(a) who is a staff member on 1 January 2009; and
(b) who continues to be a staff member on 1 April 2009; and
(c) who, at any time after the person turned 16, was a citizen or permanent resident of a country other than Australia.
(2) An approved provider must ensure that, in addition to complying with paragraph 1.23 (a) or (b), the person has made, on or before 1 April 2009, a statutory declaration stating that the person has never, in Australia or another country:
(a) been convicted of murder or sexual assault; or
(b) been convicted of, and sentenced to imprisonment for, any other form of assault.
[11] Sections 1.25 and 1.26
omit
[12] Subsection 1.27 (1)
substitute
(1) An approved provider must, for each aged care service operated by the approved provider during the 3 month period beginning on 1 January 2009, give to the Secretary on or before 30 April 2009 a written declaration stating whether the approved provider complied with the requirements of this Part as at the end of that period.
[13] Paragraph 1.27 (2) (b)
omit
a key personnel
insert
one of the key personnel
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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