Accreditation Grant Amendment Principles 2006 (No. 1) (Cth)
Accreditation Grant Amendment Principles 2006 (No. 1)
Aged Care Act 1997
I, SANTO SANTORO, Minister for Ageing, make these Principles under subsection 96‑1 (1) of the Aged Care Act 1997.
Dated 21 December 2006
SANTO SANTORO
Minister for Ageing
Name of Principles
These Principles are the Accreditation Grant Amendment Principles 2006 (No. 1).
Commencement
These Principles commence on 1 March 2007.
Amendment of Accreditation Grant Principles 1999
Schedule 1 amends the Accreditation Grant Principles 1999.
Schedule 1 Amendments
(section 3)
[1] Section 1.3, after definition of key personnel
insert
permanent resident, of a country, means a person who is usually resident in the country and whose continued lawful presence in the country is not subject to a limitation as to time imposed by law.
[2] Section 1.3, after definition of plan for continuous improvement
insert
police certificate, for a person, means a report prepared by the Australian Federal Police or by the police force or police service of a State or Territory about the person’s criminal conviction record.
[3] Subsection 8.2 (1)
omit
The registrar must
insert
Subject to sections 8.2A and 8.2B, the registrar must
[4] Paragraphs 8.2 (3) (b) and (4) (b)
omit
if
insert
subject to section 8.3A, if
[5] After section 8.2
insert
8.2A Criteria for initial registration
The registrar must not allow a person to be registered as a quality assessor under subsection 8.2 (1) unless the registrar is satisfied that:
(a) there is for the person a police certificate that is dated not more than 3 years before the day on which the person is registered as a quality assessor; and
(b) the police certificate does not record that the person has been:
(i) convicted of murder or sexual assault; or
(ii) convicted of, and sentenced to imprisonment for, any other form of assault.
8.2B Additional criterion for initial registration of certain persons
(1) This section applies to a person who, at any time after the person turned 16, was a citizen or permanent resident of a country other than Australia.
(2) The registrar must not allow a person to whom this section applies to be registered as a quality assessor under subsection 8.2 (1) unless the registrar is satisfied that, in addition to meeting the criteria in section 8.2A, the person has made a statutory declaration stating that the person has never been:
(a) convicted of murder or sexual assault; or
(b) convicted of, and sentenced to imprisonment for, any other form of assault.
[6] Section 8.3, heading
substitute
8.3 Criteria for continued inclusion on register — general
[7] After section 8.3
insert
8.3A Criteria for continued inclusion on register — certain criminal convictions
(1) The registrar may register a person as a quality assessor under paragraph 8.2 (3) (b) or (4) (b) only if the registrar is satisfied that there is for the person a police certificate that is dated not more than 3 years before the day on which the person is registered as a quality assessor.
(2) The registrar must not register a person as a quality assessor under paragraph 8.2 (3) (b) or (4) (b) if there is for the person a police certificate or statutory declaration that records that the person has been:
(a) convicted of murder or sexual assault; or
(b) convicted of, and sentenced to imprisonment for, any other form of assault.
[8] Section 8.4, heading
substitute
8.4 Application for review of decisions under subsection 8.2 (5)
[9] After section 8.4
insert
8.4A Removal of person’s name from register — certain criminal convictions
The registrar must remove the name of a person from the register if the registrar is satisfied that there is for the person a police certificate or statutory declaration that records that the person has been:
(a) convicted of murder or sexual assault; or
(b) convicted of, and sentenced to imprisonment for, any other form of assault.
8.4B Removal of existing assessor’s name from register — police certificate requirement
(1) This section applies to a person:
(a) who is a quality assessor on 1 March 2007; and
(b) whose name continues to be on the register on 1 September 2007.
(2) The registrar must remove from the register the name of a person to whom this section applies unless the registrar is satisfied that:
(a) there is by 1 September 2007 a police certificate that is dated not earlier than 1 September 2004; and
(b) the police certificate does not show that the person has been:
(i) convicted of murder or sexual assault; or
(ii) convicted of, and sentenced to imprisonment for, any other form of assault.
8.4C Removal of existing assessor’s name from register — statutory declaration requirement
(1) This section applies to a person:
(a) who is a quality assessor on 1 March 2007; and
(b) whose name continues to be on the register on 1 September 2007; and
(c) who, at any time after the person turned 16, was a citizen or permanent resident of a country other than Australia.
(2) The registrar must remove from the register the name of a person to whom this section applies unless the registrar is satisfied that, in addition to meeting the criteria in subsection 8.4B (2), the person has made by 1 September 2007 a statutory declaration stating that the person has never been:
(a) convicted of murder or sexual assault; or
(b) convicted of, and sentenced to imprisonment for, any other form of assault.
8.4D Application for review of decisions under section 8.4A, 8.4B or 8.4C
(1) If the registrar removes the name of a person under section 8.4A, 8.4B or 8.4C, the registrar must tell the person and the accreditation body, in writing, about:
(a) the removal of the person’s name; and
(b) the reasons for the removal.
(2) A person whose name has been removed may apply to the accreditation body for a review of the registrar’s decision to remove the person’s name from the register.
(3) The application for review must be in writing and must be made within 14 days after being told about the removal.
[10] Subsection 8.5 (1)
substitute
(1) If the accreditation body receives an application under subsection 8.4 (1) or 8.4D (2), the accreditation body must review the registrar’s decision.
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