Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022 (Cth)

Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022

No. 34, 2022

An Act to amend the law relating to aged care, health and aged care pricing, and information sharing in relation to veterans and military rehabilitation and compensation, and for related purposes

Contents

Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022

No. 34, 2022

An Act to amend the law relating to aged care, health and aged care pricing, and information sharing in relation to veterans and military rehabilitation and compensation, and for related purposes

[Assented to 5 August 2022]

The Parliament of Australia enacts:

1Short title

This Act is the Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022.

2Commencement

(1)
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	5 August 2022
2. Schedule 1	As follows: (a) if this Act receives the Royal Assent before 1 October 2022—1 October 2022; (b) if this Act receives the Royal Assent on or after 1 October 2022—a single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.	1 October 2022 (paragraph (a) applies)
3. Schedule 2	The day after this Act receives the Royal Assent.	6 August 2022
4. Schedule 3	1 December 2022.	1 December 2022
5. Schedule 4, Part 1	1 December 2022.	1 December 2022
6. Schedule 4, Part 2	The day after this Act receives the Royal Assent.	6 August 2022
7. Schedule 5	1 December 2022.	1 December 2022
8. Schedule 6	The day after this Act receives the Royal Assent.	6 August 2022
9. Schedule 7	The day after this Act receives the Royal Assent.	6 August 2022
10. Schedule 8	The seventh day after this Act receives the Royal Assent.	12 August 2022
11. Schedule 9	The day after this Act receives the Royal Assent.	6 August 2022

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2)
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Residential aged care fundingPart 1Amendments

Aged Care Act 1997

1
Section 5‑1 (paragraph beginning “the recipient of the care”)
Omit “flexible care”, substitute “some kinds of flexible care”.
2
Section 5‑1 (paragraph beginning “the recipient of the care”)
Omit “Part 2.4”, substitute “Parts 2.4 and 2.4A”.

Section 5‑1

Omit:
Part 2.4A provides for the classification of recipients of residential care and some kinds of flexible care on the initiative of the Secretary. The effect of these classifications is limited (see section 29F‑1).

After Division 17

Insert:

Division 17A—Revocation of certain conditions for allocations of places

17A‑1Revocation of certain conditions for allocations of places

(1)
If:
(a)
an allocation of *places to a person is subject to conditions under subsection 14‑5(1); and
(b)
immediately before the commencement of this section, the effect of such a condition is that *respite care must be provided in respect of those places for a minimum or maximum number of days in a particular period;
the condition is taken to be revoked at the commencement of this section.
(2)
Nothing in this section affects the application of Part 7B of the *Quality and Safety Commission Act in relation to an approved provider who failed to comply with a condition of a kind mentioned in paragraph (1)(b) of this section before the commencement of this section.

Part 2.4 (heading)

Repeal the heading, substitute:

Part 2.4—Classification of care recipients before the transition day

At the end of section 24‑1

Add “on a day before the *transition day”.

After subsection 25‑1(1)

Insert:
(1A)
However, the Secretary is not required to classify the care recipient if the classification would take effect, or would be taken to have had effect, from or on a day that is on or after the *transition day.

After subsection 25‑3(1)

Insert:
(1A)
However, the appraisal must not be made if the classification of the care recipient that would be made under subsection 25‑1(1) would take effect, or would be taken to have had effect, from or on a day that is on or after the *transition day.

At the end of section 25‑3

Add:
(5)
However, subsection (4) does not apply to the assessment if the classification of the care recipient that would be made under subsection 25‑1(1) would take effect, or would be taken to have had effect, from or on a day that is on or after the *transition day.

Section 26‑1

After “a care recipient”, insert “under this Part”.

Subsection 26‑2(1)

After “a care recipient”, insert “under this Part”.

Section 26‑3

After “a care recipient”, insert “under this Part”.

At the end of section 27‑1

Add:
(3)
Despite subsections (1) and (2), a classification under this Part has no effect in relation to a day that is on or after the *transition day.

After subsection 27‑4(1)

Insert:
(1A)
However, the reappraisal must not be made if the renewal of the classification of the care recipient that would be made under subsection 27‑6(1) would take effect, or would be taken to have had effect, from a day that is on or after the *transition day.

After section 27‑5

Insert:

27‑5ACertain expiry date reappraisals must not be made

Despite anything in this Division, a reappraisal must not be made in respect of an *expiry date for a care recipient’s classification if the renewal of the classification that would be made under subsection 27‑6(1) would take effect, or would be taken to have had effect, from a day that is on or after the *transition day.

After subsection 27‑6(1)

Insert:
(1A)
However, the Secretary is not required to renew the classification of the care recipient if the renewal would take effect, or would be taken to have had effect, from a day that is on or after the *transition day.

Subsection 29‑1(1)

After “a classification”, insert “made under this Part”.

Part 2.4A (heading)

Omit “Secretary’s initiative”, substitute “or after the transition day”.

Section 29B‑1

Omit “On the Secretary’s initiative, the Secretary”, substitute “The Secretary”.

Section 29B‑1

Omit “The effect of a classification under this Part is limited (see section 29F‑1).”, substitute “The classifications affect the amount of *residential care subsidy, or *flexible care subsidy, payable to approved providers for providing that kind of care on or after the *transition day.”.

Subsection 29C‑2(7) (note)

Repeal the note.

Subsection 29C‑3(1)

Omit “While a care recipient is being provided with”, substitute “If a care recipient is being provided, or was provided, with”.

At the end of subsection 29C‑3(1)

Add:
; (c)
reconsidering, under section 85‑4 or 85‑5, a decision made under subsection 29C‑2(1), 29D‑1(1) or 29E‑1(1).

Subsection 29C‑3(2)

Repeal the subsection, substitute:
(2)
The Classification Principles may specify:
(a)
where the Secretary may or must make the assessment; and
(b)
the procedures that the Secretary must follow in making the assessment.

Subsection 29D‑1(1)

Repeal the subsection, substitute:
(1)
The Secretary may reclassify a care recipient under section 29C‑2 for *respite care or *non‑respite care if the care recipient, or an approved provider that is providing that kind of care to the care recipient, requests that the Secretary reclassify the care recipient.
Note: A decision not to reclassify a care recipient is reviewable under Part 6.1.
(1A)
The request must:
(a)
if made by the approved provider—be made in writing; and
(b)
if made by the care recipient—be made orally or in writing; and
(c)
be accompanied by the application fee (if any) specified in, or worked out in accordance with, the Classification Principles.
(1B)
The amount of the fee must not be such as to amount to taxation.

Division 29F

Repeal the Division.

Paragraphs 43‑1(3)(b) and (d)

Repeal the paragraphs, substitute:
(b)
*capital repayment deductions (see section 43‑6).

Section 43‑8

Repeal the section.

Subsection 44‑3(2)

Repeal the subsection, substitute:
(2)
The basic subsidy amount for a care recipient for a day is the amount:
(a)
determined by the Minister by legislative instrument; or
(b)
worked out in accordance with a method determined by the Minister by legislative instrument.

Before paragraph 44‑3(3)(a)

Insert:
(aa)
the kind of residential care service through which residential care is provided to a care recipient;
(ab)
whether a care recipient provided with residential care has been classified under Part 2.4A;

Paragraph 44‑3(3)(a)

Omit “being provided with residential care”, substitute “who have been classified under Part 2.4A”.

Paragraphs 44‑3(3)(cb) and (cc)

Repeal the paragraphs.

Subsection 44‑3(4)

Repeal the subsection, substitute:
(4) The Minister may make provision for, or in relation to, a matter by conferring a power on the Secretary.

Subparagraph 44‑5(1)(a)(iv)

Repeal the subparagraph.

Paragraph 44‑17(a)

Repeal the paragraph.

Section 44‑19

Repeal the section.
37
Subsection 44‑21(2) (Care subsidy reduction calculator, step 4, paragraphs (a) and (b))
Repeal the paragraphs, substitute:
(a)
the adjusted basic subsidy amount for the care recipient for the day (see subsection (6A));
(b)
any primary supplement amounts for the care recipient for the day.
38
Subsection 44‑21(2) (Care subsidy reduction calculator, step 5, paragraphs (a) and (b))
Repeal the paragraphs, substitute:
(a)
the adjusted basic subsidy amount for the care recipient for the day (see subsection (6A));
(b)
any primary supplement amounts for the care recipient for the day.

Subsection 44‑21(3)

Omit all the words after “care subsidy reduction”, substitute:
for a day is the sum of the following amounts:
(a)
the adjusted basic subsidy amount for the care recipient for the day (see subsection (6A));
(b)
any primary supplement amounts for the care recipient for the day.

After subsection 44‑21(6)

Insert:
(6A)
The adjusted basic subsidy amount for a care recipient for a day is an amount:
(a)
determined by the Minister by legislative instrument; or
(b)
worked out in accordance with a method determined by the Minister by legislative instrument.

Subsection 44‑21(7)

Repeal the subsection, substitute:
(7)
The annual cap is the amount determined by the Minister by legislative instrument.

Paragraph 44‑28(2)(a)

Repeal the paragraph, substitute:
(a)
on that day the residential care provided to the care recipient is not provided on an extra service basis; and

Section 52C‑5

Omit all the words after “reserving a place in the residential care service for that day”, substitute:
is the amount:
(c)
determined by the Minister by legislative instrument; or
(d)
worked out in accordance with a method determined by the Minister by legislative instrument.

Paragraph 63‑1(1)(ha)

After “delegates of the Secretary”, insert “under subsection 96‑2(15)”.

After section 63‑1B

Insert:

63‑1BAResponsibility relating to the cessation of the provision of certain residential care

If an approved provider ceases, on or after the *transition day, to provide residential care (other than *respite care) to a care recipient through a residential care service, it is a responsibility of the provider to notify the Secretary of the cessation:
(a)
in the form approved by the Secretary; and
(b)
within the period specified in the Accountability Principles.

After subsection 85‑4(3)

Insert:
(3A)
In reconsidering a decision made under subsection 29C‑2(1), 29D‑1(1) or 29E‑1(1):
(a)
the level of care needed by the relevant care recipient, relative to the needs of other care recipients, must be assessed under section 29C‑3; and
(b)
the Secretary must take that assessment into account before making a decision under subsection (4) of this section.
(3B)
If the relevant care recipient cannot be assessed for the purposes of the reconsideration, the Secretary must not make a decision under subsection (4).

Subsection 85‑4(4)

After “must”, insert “, subject to subsection (3B)”.

Subsection 85‑5(4A)

Omit “subsection 29‑1(1) or 29E‑1(1) (which deal with a decision to change the classification of a care recipient under Part 2.4 or 2.4A)”, substitute “subsection 29‑1(1), 29C‑2(1), 29D‑1(1) or 29E‑1(1) (which deal with decisions relating to the classification of a care recipient)”.

Subsection 85‑5(5)

After “and”, insert “must, subject to paragraph (5B)(b)”.

After subsection 85‑5(5)

Insert:
(5A)
In reconsidering a decision made under subsection 29C‑2(1), 29D‑1(1) or 29E‑1(1):
(a)
the level of care needed by the relevant care recipient, relative to the needs of other care recipients, must be assessed under section 29C‑3; and
(b)
the Secretary must take that assessment into account before making a decision under subsection (5) of this section.
(5B)
If the relevant care recipient cannot be assessed for the purposes of the reconsideration:
(a)
the request is taken to be withdrawn; and
(b)
the Secretary must not make a decision under subsection (5).

Subsection 85‑6(1)

Omit “subsection 29‑1(1) or 29E‑1(1) (which deal with a decision to change the classification of a care recipient under Part 2.4 or 2.4A)”, substitute “subsection 29‑1(1), 29C‑2(1), 29D‑1(1) or 29E‑1(1) (which deal with decisions relating to the classification of a care recipient)”.

Paragraph 85‑6(3)(b)

Omit “an approved provider”, substitute “a person”.

After subsection 96‑2(15)

Insert:
SES employee etc. in the Department
(15A)
The Secretary may, in writing, delegate the powers conferred on the Secretary under the determination made under subsection 44‑3(2) to an SES employee, or an acting SES employee, in the Department.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
54
Clause 1 of Schedule 1 (definition of adjusted subsidy place)
Repeal the definition.

Clause 1 of Schedule 1

Insert:
transition day means the day Schedule 1 to the Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022 commences.

Aged Care (Transitional Provisions) Act 1997

Paragraph 42‑1(2)(c)

Omit “subsections (3) and (4)”, substitute “subsection (3)”.

Subsection 42‑1(4)

Repeal the subsection.

Paragraphs 43‑1(3)(b) and (d)

Repeal the paragraphs, substitute:
(b)
*capital repayment deductions (see section 43‑6).

Section 43‑8

Repeal the section.

Subsection 44‑3(2)

Repeal the subsection, substitute:
(2)
The basic subsidy amount for a care recipient for a day is the amount:
(a)
determined by the Minister by legislative instrument; or
(b)
worked out in accordance with a method determined by the Minister by legislative instrument.

Paragraphs 44‑3(3)(a) and (aa)

Repeal the paragraphs, substitute:
(a)
the kind of residential care service through which residential care is provided to a care recipient;
(aa)
whether a care recipient being provided with residential care has been classified under Part 2.4A of the Aged Care Act 1997;
(ab)
the *classification levels for care recipients who have been classified under that Part;

Paragraphs 44‑3(3)(cb), (cc) and (d)

Repeal the paragraphs.

Subsection 44‑3(4)

Repeal the subsection, substitute:
(4)
The Minister may make provision for, or in relation to, a matter by conferring a power on the Secretary.

Paragraph 44‑5(aa)

Repeal the paragraph.

Paragraph 44‑5A(2)(a)

Repeal the paragraph.

Paragraph 44‑6(2)(a)

Repeal the paragraph.

After subsection 44‑6(2)

Insert:
(3)
The care recipient is also eligible for a concessional resident supplement on a particular day if the care recipient was eligible for either of the following on the day before the transition day (within the meaning of the Aged Care Act 1997):
(a)
a charge exempt resident supplement under repealed section 44‑8A;
(b)
a transitional supplement under repealed section 33 of the Aged Care (Transitional Provisions) Principles.

Subsection 44‑6(5)

Omit “Subject to subsection (6), the”, substitute “The”.

Subsection 44‑6(6)

Repeal the subsection.

Sections 44‑8A and 44‑8B

Repeal the sections.

Paragraph 44‑17(b)

Repeal the paragraph.

Section 44‑19

Repeal the section.
73
Subsection 44‑21(3) (Income tested reduction calculator, step 4, paragraph (c))
Repeal the paragraph (not including the note), substitute:
(c)
the subsidy related amount for a care recipient for a day (see subsection (4)).

At the end of section 44‑21

Add:
(4)
The subsidy related amount for a care recipient for a day is the total of the following amounts:
(a)
the adjusted basic subsidy amount for the care recipient for the day (see subsection (5));
(b)
the amounts of any primary supplements worked out using Subdivision 44‑C for the care recipient for the day;
less the amounts of any reductions in subsidy worked out using Subdivision 44‑D for the care recipient for the day.
(5)
The adjusted basic subsidy amount for a care recipient for a day is an amount:
(a)
determined by the Minister by legislative instrument; or
(b)
worked out in accordance with a method determined by the Minister by legislative instrument.

Paragraph 44‑23(4)(b)

Repeal the paragraph, substitute:
(b)
the subsidy related amount worked out under subsection 44‑21(4) for the care recipient for that day.

Paragraph 44‑27(1)(b)

Repeal the paragraph.

Section 44‑29

Repeal the section.

Paragraphs 57‑2(1)(aa) and (ab)

Repeal the paragraphs, substitute:
(a)
subject to this subsection, an accommodation bond must be charged for the entry if:
(i)
the care recipient enters the service within 28 days after the day on which the care recipient ceased (other than because the care recipient is on *leave) being provided with care through another such service (the prior service); and
(ii)
an accommodation bond was paid by the care recipient for entry to the prior service;
(aa)
the care recipient is not a care recipient eligible for a concessional resident supplement under paragraph 44‑6(3)(a);

Paragraph 57‑2(1)(g)

Omit “paragraph 57‑14(1)(b) or section 57‑23”, substitute “or paragraph 57‑14(1)(b)”.

Section 57‑13

Repeal the section, substitute:

57‑13Maximum amount of accommodation bond if care recipient moves between aged care services

(1)
If paragraph 57‑2(1)(a) applies in relation to the charging of an *accommodation bond for *entry by a care recipient to an *aged care service, the maximum amount of the accommodation bond for the entry of the care recipient to the service is the amount set out in subsection (2) of this section.
(2)
The amount is the *accommodation bond balance that was refunded or is payable to the care recipient under Division 52P of the Aged Care Act 1997 in respect of the *accommodation bond referred to in subparagraph 57‑2(1)(a)(ii).

Subdivision 57‑H

Repeal the Subdivision.

Paragraphs 57A‑2(1)(a) and (b)

Repeal the paragraphs, substitute:
(a)
subject to this subsection, an accommodation charge must be charged for the entry if:
(i)
the care recipient enters the service within 28 days after the day on which the care recipient ceased (other than because the care recipient is on *leave) being provided with care through another such service (the prior service); and
(ii)
an accommodation charge was payable by the care recipient for entry to the prior service;
(b)
the care recipient is not a care recipient eligible for a concessional resident supplement under paragraph 44‑6(3)(a);

Section 57A‑8A

Repeal the section, substitute:

57A‑8AMaximum amount of accommodation charge if care recipient moves between aged care services

(1)
If paragraph 57A‑2(1)(a) applies in relation to the charging of an *accommodation charge for *entry by a care recipient to an *aged care service, the maximum daily amount at which the accommodation charge accrues for the entry of the care recipient to the service is the amount set out in subsection (2) of this section.

(2)
The amount is the maximum daily amount of *accommodation charge that accrued under section 57A‑6 for entry of the care recipient to the prior service referred to in subparagraph 57A‑2(1)(a)(i).

Section 58‑6

Omit all the words after “reserving a place in the residential care service for that day”, substitute:
is the amount:
(c)
determined by the Minister by legislative instrument; or
(d)
worked out in accordance with a method determined by the Minister by legislative instrument.

Section 85‑1 (table item 47)

Repeal the table item.

After subsection 96‑2(11)

Insert:
SES employee etc. in the Department
(11A)
The Secretary may, in writing, delegate the powers conferred on the Secretary under the determination made under subsection 44‑3(2) to an SES employee, or an acting SES employee, in the Department.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Clause 1 of Schedule 1

Repeal the following definitions:
(a)
the definition of adjusted subsidy place;
(b)
the definition of charge exempt resident;
(c)
the definition of high level of residential care;
(d)
the definition of lowest applicable classification level;
(e)
the definition of low level of residential care.

Part 2Application, transitional and saving provisionsDivision 1Introduction

Definitions

In this Part:
Aged Care Act means the Aged Care Act 1997.
amending Part means Part 1 of this Schedule.
payment period has the meaning given by:
(a)
when used in relation to a provision of the Aged Care Act—section 43‑2 of that Act; or
(b)
when used in relation to a provision of the Transitional Act—section 43‑2 of that Act.
Transitional Act means the Aged Care (Transitional Provisions) Act 1997.
transition day means the day this item commences.
viability supplement decision means a decision made under subsection 44‑29(2) of the Transitional Act to refuse to make a determination in respect of a residential care service.

Division 2Classifications of care recipients

89
Application—classification, and renewal of classification, of care recipients by the Secretary
(1) Subsection 25‑1(1A) of the Aged Care Act, as inserted by the amending Part, applies in relation to an appraisal that is received, or that is taken to have been received, by the Secretary before, on or after the transition day.
(2) Subsection 27‑6(1A) of the Aged Care Act, as inserted by the amending Part, applies in relation to a reappraisal that is received by the Secretary before, on or after the transition day.
90
Saving—Classification Principles made in relation to assessments
(1) This item applies to the Classification Principles made for the purposes of subsection 29C‑3(2) of the Aged Care Act that are in force immediately before the transition day.
(2) Despite the repeal of subsection 29C‑3(2) of the Aged Care Act by the amending Part, those Classification Principles continue in force (and may be dealt with), on and after the transition day, as if they had been made for the purposes of that subsection as amended by the amending Part.
91
Application—application for reclassification of a care recipient
Section 29D‑1 of the Aged Care Act, as amended by the amending Part, applies in relation to an application by an approved provider that is made on or after the transition day.

Division 3Residential care subsidy on or after the transition day

92
Application—eligibility for residential care subsidy under the Transitional Act
Section 42‑1 of the Transitional Act, as amended by the amending Part, applies in relation to a day that is on or after the transition day.
93
Application—basic subsidy amount under the Aged Care Act and Transitional Act
(1) Subsection 44‑3(2) of the Aged Care Act, and subsection 44‑3(2) of the Transitional Act, as amended by the amending Part, apply in relation to a day that is on or after the transition day.
(2) Subsections 44‑3(3) and (4) of the Aged Care Act, and subsections 44‑3(3) and (4) of the Transitional Act, as amended by the amending Part, apply in relation to a determination made on or after the transition day.
94
Application—other amendments relating to residential care subsidy under the Aged Care Act and Transitional Act
Aged Care Act
(1) The following provisions of the Aged Care Act, as amended by the amending Part, apply in relation to a payment period that starts on or after the transition day:
(a)
subsection 43‑1(3);
(b)
subsection 44‑5(1);
(c)
section 44‑17;
(d)
section 44‑21;
(e)
subsection 44‑28(2).
(2) The repeal of sections 43‑8 and 44‑19 of the Aged Care Act by the amending Part applies in relation to a payment period that starts on or after the transition day.
Transitional Act
(3) The following provisions of the Transitional Act, as amended by the amending Part, apply in relation to a payment period that starts on or after the transition day:
(a)
subsection 43‑1(3);
(b)
section 44‑5;
(c)
subsection 44‑5A(2);
(d)
section 44‑6;
(e)
section 44‑17;
(f)
section 44‑21;
(g)
paragraph 44‑23(4)(b);
(h)
subsection 44‑27(1).
(4) The repeal of sections 43‑8, 44‑8A, 44‑8B, 44‑19 and 44‑29 of the Transitional Act by the amending Part applies in relation to a payment period that starts on or after the transition day.

Division 4Residential care subsidy for a day that is before the transition day

95
Saving—eligibility for residential care subsidy under the Transitional Act
(1) Despite the amendments of section 42‑1 of the Transitional Act made by the amending Part, that provision, as in force immediately before the transition day, continues to apply, on and after that day, in relation to a day that is before the transition day.
(2) Despite the repeal of the following definitions in clause 1 of Schedule 1 to the Transitional Act by the amending Part:
(a)
the definition of high level of residential care;
(b)
the definition of low level of residential care;
those definitions continue to apply, on and after the transition day, for the purposes of subitem (1), as if the repeal had not happened.
96
Saving—non‑compliance deductions under the Aged Care Act and Transitional Act

(1) Despite:

(a)
the amendment of subsection 43‑1(3) of the Aged Care Act, and subsection 43‑1(3) of the Transitional Act, made by the amending Part; and
(b)
the repeal of section 43‑8 of each of those Acts by that Part;
those provisions, as in force immediately before the transition day, continue to apply, on and after that day, in relation to a payment period that starts before that day.

(2) If:

(a)
Subsidy Principles were made for the purposes of section 43‑8 of the Aged Care Act before the transition day; and
(b)
those Principles are in force immediately before that day;
then, despite the repeal of that section by the amending Part, those Principles continue in force, on and after that day, for the purposes of subitem (1), as if the repeal had not happened.

(3) If:

(a)
Aged Care (Transitional Provisions) Principles were made for the purposes of section 43‑8 of the Transitional Act before the transition day; and
(b)
those Principles are in force immediately before that day;
then, despite the repeal of that section by the amending Part, those Principles continue in force, on and after that day, for the purposes of subitem (1), as if the repeal had not happened.
97
Saving—basic subsidy amount under the Aged Care Act and Transitional Act
(1) Despite the amendments of the following provisions made by the amending Part:
(a)
section 44‑3 of the Aged Care Act;
(b)
section 44‑3 of the Transitional Act;
those sections, as in force immediately before the transition day, continue to apply, on and after that day, in relation to a day that is before the transition day, as if the amendments had not been made.

(2) If:

(a)
a determination was made under subsection 44‑3(2) of the Aged Care Act, or subsection 44‑3(2) of the Transitional Act, before the transition day; and
(b)
the determination is in force immediately before that day;
then, despite the repeal of that subsection by the amending Part, the determination continues in force, on and after that day, for the purposes of subitem (1), as if the amendments had not been made.
(3) Despite the repeal of the definition of low level of residential care in clause 1 of Schedule 1 to the Transitional Act by the amending Part, that definition continues to apply, on and after the transition day, for the purposes of subitem (1), as if the repeal had not happened.
98
Saving—charge exempt resident supplement and viability supplement under the Transitional Act

(1) Despite:

(a)
the amendments of section 44‑5 and subsections 44‑21(3) and 44‑27(1) of the Transitional Act made by the amending Part; and
(b)
the repeal of sections 44‑8A, 44‑8B and 44‑29 of that Act by that Part;
those provisions, as in force immediately before the transition day, continue to apply, on and after that day, in relation to a payment period that starts before that day.

(2) If:

(a)
Aged Care (Transitional Provisions) Principles were made for the purposes of section 44‑8A or 44‑29 of the Transitional Act before the transition day; and
(b)
those Principles are in force immediately before that day;
then, despite the repeal of that section by the amending Part, those Principles continue in force, on and after that day, for the purposes of subitem (1), as if the repeal had not happened.

(3) If:

(a)
a determination was made under subsection 44‑8A(3), 44‑29(2) or 44‑29(8) of the Transitional Act before the transition day; and
(b)
the determination is in force immediately before that day;
then, despite the repeal of that subsection by the amending Part, the determination continues in force, on and after that day, for the purposes of subitem (1), as if the repeal had not happened.
(4) Despite the repeal of the definition of charge exempt resident in clause 1 of Schedule 1 to the Transitional Act by the amending Part, that definition continues to apply, on and after the transition day, for the purposes of subitem (1), as if the repeal had not happened.
99
Saving—eligibility for concessional resident supplement under the Transitional Act
(1) Despite the amendments of section 44‑6 of the Transitional Act made by the amending Part, that section, as in force immediately before the transition day, continues to apply, on and after that day, in relation to a payment period that starts before that day.
(2) Despite the repeal of the definition of lowest applicable classification level in clause 1 of Schedule 1 to the Transitional Act by the amending Part, that definition continues to apply, on and after the transition day, for the purposes of subitem (1), as if the repeal had not happened.
100
Saving—adjusted subsidy amount under the Aged Care Act and Transitional Act
(1) Despite the repeal of the following provisions by the amending Part:
(a)
paragraph 44‑17(a) and section 44‑19 of the Aged Care Act;
(b)
paragraph 44‑17(b) and section 44‑19 of the Transitional Act;
those provisions, as in force immediately before the transition day, continue to apply, on and after that day, in relation to a payment period that starts before that day.

(2) If:

(a)
a determination was made before the transition day under:
(i)
paragraph 44‑19(1)(b) or subsection 44‑19(2) of the Aged Care Act; or
(ii)
paragraph 44‑19(1)(b) or subsection 44‑19(2) of the Transitional Act; and
(b)
the determination is in force immediately before that day;
then, despite the repeal of that provision by the amending Part, the determination continues in force, on and after that day, for the purposes of subitem (1), as if the repeal had not happened.
101
Saving—care subsidy reduction under the Aged Care Act
Despite the amendments of section 44‑21 of the Aged Care Act made by the amending Part, that section, as in force immediately before the transition day, continues to apply, on and after that day, in relation to a payment period that starts before that day.
102
Saving—daily income tested reduction under the Transitional Act
Despite the amendments of section 44‑21 and paragraph 44‑23(4)(b) of the Transitional Act made by the amending Part, those provisions, as in force immediately before the transition day, continue to apply, on and after that day, in relation to a payment period that starts before that day.
103
Saving—accommodation supplement under the Aged Care Act and Transitional Act
(1) Despite the amendments of section 44‑28 of the Aged Care Act, and section 44‑5A of the Transitional Act, made by the amending Part, those sections, as in force immediately before the transition day, continue to apply, on and after that day, in relation to a payment period that starts before that day.
(2) Despite the repeal of the definition of lowest applicable classification level in clause 1 of Schedule 1 to the Transitional Act by the amending Part, that definition continues to apply, on and after the transition day, for the purposes of subitem (1), as if the repeal had not happened.

Division 5Resident fees

104
Application—maximum daily amount of resident fees on or after the transition day under the Aged Care Act and Transitional Act
Section 52C‑5 of the Aged Care Act, and section 58‑6 of the Transitional Act, as amended by the amending Part, apply in relation to a day that is on or after the transition day.
105
Saving—maximum daily amount of resident fees for a day that is before the transition day under the Aged Care Act and Transitional Act
Despite the amendments of section 52C‑5 of the Aged Care Act and section 58‑6 of the Transitional Act made by the amending Part, those sections, as in force immediately before the transition day, continue to apply, on and after that day, in relation to a day that is before the transition day.

Division 6Accommodation bonds and charges

106
Application—accommodation bonds and charges under the Transitional Act
Sections 57‑2, 57‑13, 57A‑2 and 57A‑8A of the Transitional Act, as amended by the amending Part, apply in relation to the entry of a person to a residential care service, or flexible care service, on a day that is on or after the transition day.

Division 7Viability supplement decisions under the Transitional Act

107Application—reconsideration of viability supplement decisions at Secretary’s own initiative
Despite the repeal of item 47 of the table in section 85‑1 of the Transitional Act by the amending Part:
(a)
section 85‑4 of that Act continues to apply, on and after the transition day, in relation to a viability supplement decision made before that day, as if the repeal had not happened; and
(b)
section 85‑8 of that Act continues to apply, on and after that day, in relation to any decision to confirm, vary or set aside the viability supplement decision under section 85‑4 of that Act, as if the repeal had not happened.

108
Application—reconsideration of viability supplement decisions where reconsideration period has not ended
(1) This item applies to a viability supplement decision if:
(a)
the decision was made before the transition day; and
(b)
immediately before that day, the period referred to in paragraph 85‑5(3)(a) of the Transitional Act has not ended.
(2) Despite the repeal of item 47 of the table in section 85‑1 of the Transitional Act by the amending Part:
(a)
section 85‑5 of that Act continues to apply, on and after the transition day, in relation to the decision, as if the repeal had not happened; and
(b)
section 85‑8 of that Act continues to apply, on and after that day, in relation to any decision to confirm, vary or set aside the viability supplement decision under section 85‑5 of that Act, as if the repeal had not happened.
109
Application—pending request for reconsideration of viability supplement decisions
(1) This item applies to a request made under subsection 85‑5(1) of the Transitional Act for the reconsideration of a viability supplement decision if:
(a)
the request was made before the transition day; and
(b)
immediately before that day, the Secretary has not made a decision in relation to the request.
(2) Despite the repeal of item 47 of the table in section 85‑1 of the Transitional Act by the amending Part:
(a)
section 85‑5 of that Act continues to apply, on and after the transition day, in relation to the request, as if the repeal had not happened; and
(b)
section 85‑8 of that Act continues to apply, on and after that day, in relation to a decision to confirm, vary or set aside the viability supplement decision under section 85‑5 of that Act, as if the repeal had not happened.
110
Application—review by the Administrative Appeals Tribunal of pre‑transition viability supplement decisions
(1) This item applies to a decision (the reconsideration decision) to confirm, vary or set aside, under section 85‑4 or 85‑5 of the Transitional Act, a viability supplement decision if:
(a)
the reconsideration decision was made before the transition day; and
(b)
immediately before that day:
(i)
an application for review of the reconsideration decision by the Administrative Appeals Tribunal has not been made; and
(ii)
the time for a person to make such an application has not ended (including any extensions of that time under section 29 of the Administrative Appeals Tribunal Act 1975).
(2) Despite the repeal of item 47 of the table in section 85‑1 of the Transitional Act by the amending Part, section 85‑8 of that Act continues to apply, on and after the transition day, in relation to the reconsideration decision, as if the repeal had not happened.

Division 8Other matters

111

Transitional rules

(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by the amending Part.
(2) To avoid doubt, the rules may not do the following:
(a)
create an offence or civil penalty;
(b)
provide powers of:
(i)
arrest or detention; or
(ii)
entry, search or seizure;
(c)
impose a tax;
(d)
set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e)
directly amend the text of this Schedule.
(3) This Part (other than subitem (2)) does not limit the rules that may be made for the purposes of subitem (1).

Schedule 2Star ratings

Aged Care Act 1997

1In the appropriate position in Division 86

Insert:

86‑11Publishing star ratings for residential care services

(1)
The Secretary must publish information about:
(a)
the quality of residential care provided through residential care services; and
(b)
the performance of approved providers of such services in relation to responsibilities and standards under this Act.
(2)
The Secretary may publish information under subsection (1) in the form of one or more star ratings for a residential care service.
(3)
The Secretary may use *protected information for the purposes of:
(a)
creating information for publication under subsection (1); or
(b)
calculating a star rating for a residential care service.
(4)
Information published under subsection (1) must not include *personal information about an individual.
(5)
The Secretary is not liable to civil proceedings for loss, damage or injury of any kind suffered by the approved provider of a residential care service, or another person, as a result of the publication of information under subsection (1).

2Application provision

Section 86‑11 of the Aged Care Act 1997, as inserted by this Schedule, applies in relation to information whether the information was acquired or created before, on or after the commencement of this item.

Schedule 3Code of conduct and banning orders

Aged Care Act 1997

After paragraph 54‑1(1)(f)

Insert:
(g)
to comply with the provisions of the *Code of Conduct that apply to the approved provider;
(ga)
to take reasonable steps to ensure that the *aged care workers, and the *governing persons, of the approved provider comply with the provisions of the Code of Conduct that apply to them;

Clause 1 of Schedule 1

Insert:
aged care worker of an approved provider has the same meaning as in the *Quality and Safety Commission Act.
Code of Conduct has the same meaning as in the *Quality and Safety Commission Act.
governing person of an approved provider has the same meaning as in the *Quality and Safety Commission Act.

Aged Care Quality and Safety Commission Act 2018

Section 6 (after paragraph (d))

Insert:

(da)
the code functions; and

Section 6 (paragraph beginning “This Act also”)

After “with the”, insert “Code of Conduct, the”.

Section 7

Insert:
ABN has the meaning given by the A New Tax System (Australian Business Number) Act 1999.
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.
banning order means an order made under subsection 74GB(1) or (3).
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.
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).

After paragraph 8C(1)(a)

Insert:
(aa)
whether a banning order against the individual is, or has at any time been, in force;

Section 14 (after paragraph (d))

Insert:

(da)
the code functions; and

After paragraph 16(1)(d)

Insert:
(da)
the code functions;

After section 18

Insert:

18ACode functions of the Commissioner

(1)
The code functions of the Commissioner are:
(a)
to, in accordance with the rules, take action in relation to compliance by any of the following with the provisions of the Code of Conduct that apply or applied to them:
(i)
an approved provider;
(ii)
an individual who is or was an aged care worker of an approved provider;
(iii)
an individual who is or was a governing person of an approved provider; and
(b)
to do anything else relating to that matter that is specified in the rules.
(2)
Subsection (1), and any rules made for the purposes of that subsection, do not limit, or otherwise affect, the operation of any other provision of this Act in relation to the Code of Conduct.

After subsection 21(3)

Insert:
Code functions
(3A)
Without limiting subsection (1), the rules may make provision for the taking of action in relation to compliance by any of the following with the provisions of the Code of Conduct that apply or applied to them:
(a)
an approved provider;
(b)
an individual who is or was an aged care worker of an approved provider;
(c)
an individual who is or was a governing person of an approved provider.
(3B)
Without limiting subsection (3A), the rules may make provision for, or in relation to, any one or more of the following:
(a)
how information about compliance with the Code of Conduct may be given to the Commissioner;
(b)
the actions that may be taken by the Commissioner in relation to compliance with the Code of Conduct, which may include requiring an approved provider or other relevant person to do something;
(c)
the roles, rights and responsibilities of:
(i)
persons who give such information to the Commissioner; or
(ii)
approved providers; or
(iii)
individuals who are or were aged care workers, or governing persons, of approved providers; or
(iv)
any other relevant persons;
(d)
the review or reconsideration of decisions made in relation to compliance with the Code of Conduct.

After Part 8

Insert:

Part 8AA—Code of Conduct

Division 1—Introduction

74AASimplified outline of this Part

Approved providers, and their aged care workers and governing persons, must comply with the provisions of the Code of Conduct that apply to them.
Approved providers have a responsibility under the Aged Care Act to comply with the provisions of the Code of Conduct that apply to them. A failure to do so may result in a sanction being imposed under this Act. It may also result in a civil penalty order being made.
If an aged care worker, or a governing person, of an approved provider fails to comply with the provisions of the Code of Conduct that apply to them, it may result in a civil penalty order being made.

Division 2—Code of Conduct

74ABContravention of Code of Conduct by approved providers

An approved provider contravenes this section if:
(a)
the provider is a corporation; and
(b)
the provider fails to comply with the provisions of the Code of Conduct that apply to the provider.
Note: Approved providers have a responsibility under paragraph 54‑1(1)(g) of the Aged Care Act to comply with the Code of Conduct. Failure to comply with that responsibility may result in a sanction being imposed under section 63N of this Act.
Civil penalty: 250 penalty units.

74ACAged care workers of approved providers must comply with Code of Conduct

(1)
An aged care worker of an approved provider must comply with the provisions of the Code of Conduct that apply to the worker.
(2)
An aged care worker of an approved provider contravenes this subsection if:
(a)
the provider is a corporation; and
(b)
the worker fails to comply with the provisions of the Code of Conduct that apply to the worker.
Civil penalty: 250 penalty units.

74ADGoverning persons of approved providers must comply with Code of Conduct

(1)
A governing person of an approved provider must comply with the provisions of the Code of Conduct that apply to the person.
(2)
A governing person of an approved provider contravenes this subsection if:
(a)
the provider is a corporation; and
(b)
the person fails to comply with the provisions of the Code of Conduct that apply to the person.
Civil penalty: 250 penalty units.

74AECode of Conduct

(1)
The rules may make provision for, or in relation to, a code of conduct that applies to the following:
(a)
approved providers;
(b)
aged care workers of approved providers;
(c)
governing persons of approved providers.
(2)
Without limiting subsection (1), the rules may provide as follows:
(a)
that a provision of the code of conduct applies to any or all of the following:
(i)
approved providers;
(ii)
aged care workers of approved providers;
(iii)
governing persons of approved providers;
(b)
that a provision of the code of conduct applies to the following:
(i)
specified kinds of aged care workers of approved providers;
(ii)
aged care workers of specified kinds of approved providers;
(iii)
specified kinds of governing persons of approved providers;
(iv)
governing persons of specified kinds of approved providers.

Part 8A (heading)

Repeal the heading, substitute:

Part 8A—Enforcement and compliance

13
Section 74A (paragraph beginning “An authorised officer may enter”)
Before:
(a)
whether a provision of Chapter 4 of the Aged Care Act has been, or is being, complied with;
insert:

(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;

Section 74A

Omit:
An approved provider’s responsibilities under Chapter 4 of the Aged Care Act may be enforced by enforceable undertakings and injunctions under Parts 6 and 7 of the Regulatory Powers Act.

substitute:
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.

At the end of section 74A

Add:
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.

Subsection 74B(1)

Repeal the subsection, substitute:
Provisions subject to monitoring
(1)
The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act:
(a)
subsections 74AC(1) and 74AD(1) of this Act;
(b)
a provision of Chapter 4 of the Aged Care Act.
Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether a provision has been complied with. It includes powers of entry and inspection.

Subsection 74B(3)

Omit “subsection (1)”, substitute “paragraph (1)(b)”.

Subsections 74B(4) to (7)

Omit “the provision”, substitute “a provision”.

Paragraph 74C(1)(a)

Omit “the provision”, substitute “a provision”.

Subsection 74EC(1)

Repeal the subsection, substitute:
Enforceable provisions
(1)
The following provisions are enforceable under Part 6 of the Regulatory Powers Act:
(a)
subsections 74AC(1) and 74AD(1) of this Act;
(b)
a provision of Chapter 4 of the Aged Care Act.
Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

Subsection 74ED(1)

Repeal the subsection, substitute:
Enforceable provisions
(1)
The following provisions are enforceable under Part 7 of the Regulatory Powers Act:
(a)
subsections 74AC(1) and 74AD(1) of this Act;
(b)
a provision of Chapter 4 of the Aged Care Act.
Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.

After subsection 74EE(1A)

Insert:
Code of Conduct
(1AA)
The Commissioner may give to an approved provider a written notice if the Commissioner:
(a)
is satisfied that the approved provider is not complying with the provider’s responsibility under paragraph 54‑1(1)(g) or (ga) of the Aged Care Act; or
(b)
is aware of information that suggests that the approved provider may not be complying with that responsibility.

After section 74F

Insert:

74FANotice to attend to answer questions etc. relevant to compliance with Code of Conduct

(1)
This section applies if the Commissioner believes on reasonable grounds that a person has information or documents relevant to either or both of the following matters:
(a)
whether an individual who is or was an aged care worker of an approved provider that is a corporation is complying, or has complied, with a provision of the Code of Conduct that applies or applied to the individual;
(b)
whether an individual who is or was a governing person of an approved provider that is a corporation is complying, or has complied, with a provision of the Code of Conduct that applies or applied to the individual.
(2)
The Commissioner may, by written notice, require the person to attend before an authorised officer to do either or both of the following:
(a)
to answer questions relating to the matter;
(b)
to give such information or documents (or copies of documents) as are specified in the notice.
Notice requirements
(3)
If a notice is given to a person under subsection (2), the notice must:
(a)
specify the authorised officer before whom the person is required to attend; and
(b)
specify the day on which, and the time and place at which, the person is required to attend.
(4)
The day specified under paragraph (3)(b) must be at least 14 days after the notice is given.
Offence
(5)
A person commits an offence if:
(a)
the person is given a notice under subsection (2); and
(b)
the person fails to comply with a requirement of the notice.
Penalty: 30 penalty units.
Reasonable compensation
(6)
A person is entitled to be paid by the Commonwealth reasonable compensation for complying with a requirement of a notice given to the person under subsection (2) to give copies of documents.

Paragraph 74G(1)(a)

After “subsection 74F(1)”, insert “or 74FA(2)”.

At the end of Division 3 of Part 8A

Add:

74GAAPrivilege against self‑incrimination not abrogated

(1)
Nothing in this Division affects the right of a person to refuse to answer a question, give information or give a document on the ground that answering the question, giving the information or giving the document might tend to incriminate the person.
(2)
The fact that this section is included in this Division does not imply that the privilege against self‑incrimination is abrogated in any other Act.

At the end of Part 8A

Add:

Division 4—Banning orders

74GBBanning orders—aged care workers and governing persons of approved providers etc.

Current and former aged care workers etc.
(1)
Subject to subsection (2), the Commissioner may make an order (the banning order) prohibiting or restricting an individual who is or was an aged care worker, or who is or was a governing person, of an approved provider:
(a)
from being involved in the provision of any type of aged care or specified types of aged care; or
(b)
from engaging in specified activities as an aged care worker, or as a governing person, of the provider.
Note: See section 74GE for when the Commissioner must give notice of an intention to make the banning order.
(2)
The Commissioner must not make the banning order against the individual under subsection (1) unless:
(a)
the Commissioner reasonably believes that the individual did not comply, is not complying or is not likely to comply with a provision of the Code of Conduct that applies or applied to the individual; or
(b)
the Commissioner reasonably believes that the individual is not suitable:
(i)
to be involved, or to continue to be involved, in the provision of any type of aged care or the specified types of aged care; or
(ii)
to engage, or to continue to engage, in the specified activities as an aged care worker, or as a governing person, of the approved provider; or
(c)
the Commissioner reasonably believes there is an immediate or severe risk to the safety, health or well‑being of one or more care recipients if the individual:
(i)
is involved, or continues to be involved, in the provision of any type of aged care or the specified types of aged care; or
(ii)
engages, or continues to engage, in the specified activities as an aged care worker, or as a governing person, of the approved provider; or
(d)
the individual has at any time been convicted of an indictable offence involving fraud or dishonesty; or
(e)
the individual is an insolvent under administration.
Individual not suitable to be involved in the provision of aged care etc.
(3)
Subject to subsection (4), the Commissioner may make an order (the banning order) prohibiting or restricting an individual who has not previously been an aged care worker, or a governing person, of an approved provider:
(a)
from being involved in the provision of any type of aged care or specified types of aged care; or
(b)
from engaging in specified activities as an aged care worker, or as a governing person, of the provider.
Note: See section 74GE for when the Commissioner must give notice of an intention to make the banning order.
(4)
The Commissioner must not make the banning order against the individual under subsection (3) unless the Commissioner reasonably believes that the individual is not suitable:
(a)
to be involved in the provision of any type of aged care or the specified types of aged care; or
(b)
to engage in the specified activities as an aged care worker, or as a governing person, of the approved provider.
Suitability matters
(5)
In considering whether an individual is suitable to be involved in the provision of any type of aged care or specified types of aged care, the Commissioner must consider the suitability matters in relation to the individual.
(6)
Subsection (5) does not limit the matters the Commissioner may consider in considering the matter mentioned in that subsection.
Other
(7)
A banning order is not a legislative instrument.

74GCApplication etc. of banning order made against an aged care worker etc.

(1)
This section applies if a banning order is made against an individual who is or was:
(a)
an aged care worker of an approved provider; or
(b)
a governing person of an approved provider.
Application of banning order
(2)
The banning order may:
(a)
apply generally or be of limited application; and
(b)
be permanent or for a specified period; and
(c)
be made subject to specified conditions.
(3)
If the banning order is made against an individual who is an aged care worker, or a governing person, of an approved provider, the order continues to have effect even if the individual ceases to be such a worker or person (as the case may be).
Notice of banning order
(4)
The Commissioner must, as soon as is practicable after deciding to make the banning order, give the individual a written notice that:
(a)
sets out the decision; and
(b)
sets out the reasons for the decision; and
(c)
specifies whether the order applies generally or the order is of limited application; and
(d)
if the order is of limited application—specifies that limited application; and
(e)
specifies the day on which the order takes effect; and
(f)
if the order is to cease to have effect on a particular day—specifies that day; and
(g)
specifies any conditions to which the order is subject; and
(h)
sets out the effect of subsection (3); and
(i)
states how the individual may apply for reconsideration of the decision.
(5)
If the Commissioner gives a notice under subsection (4) to an individual who is an aged care worker, or a governing person, of an approved provider, the Commissioner must, as soon as is practicable, give the provider a copy of the notice.

74GDContraventions of banning orders etc.

(1)
An individual contravenes this subsection if:
(a)
a banning order against the individual is in force; and
(b)
the individual engages in conduct; and
(c)
the conduct breaches the banning order or a condition to which the order is subject.
Civil penalty: 1,000 penalty units.
(2)
A corporation contravenes this subsection if:
(a)
the corporation is an approved provider; and
(b)
an individual is an aged care worker, or a governing person, of the approved provider; and
(c)
a banning order against the individual is in force; and
(d)
the corporation fails to take reasonable steps to ensure that the individual does not engage in conduct that breaches the banning order or a condition to which the order is subject.
Civil penalty: 1,000 penalty units.

74GENotice of intention to make a banning order

(1)
Before the Commissioner makes a banning order against an individual, the Commissioner must, by written notice, notify the individual that the Commissioner is considering making the order.
(2)
Subsection (1) does not apply if the Commissioner reasonably believes that there is an immediate and severe risk to the safety, health or well‑being of one or more care recipients if the banning order is not made against the individual.
(3)
The notice must:
(a)
set out the reasons why the Commissioner is considering making the banning order against the individual; and
(b)
invite the individual to make submissions, in writing, to the Commissioner in relation to the matter within 14 days after receiving the notice; and
(c)
inform the individual that the Commissioner may, after considering any submissions made by the individual, make the banning order against the individual.
(4)
The Commissioner must consider any submissions made by the individual in accordance with the notice.

74GFVariation or revocation of a banning order etc. on the Commissioner’s own initiative

(1)
The Commissioner may, on the Commissioner’s own initiative, vary or revoke a banning order made against an individual if the Commissioner is satisfied that it is appropriate to do so.
(2)
Without limiting subsection (1), the Commissioner may in varying a banning order do either or both of the following:
(a)
vary, or revoke, a condition to which the order is subject;
(b)
specify one or more new conditions to which the order is to be subject.
(3)
If the Commissioner decides to vary or revoke a banning order made against the individual, the Commissioner must, as soon as is practicable, give the individual a written notice that:
(a)
sets out the decision; and
(b)
sets out the reasons for the decision; and
(c)
specifies the day on which the variation or revocation takes effect; and
(d)
if a condition to which the order is subject is varied—sets out the condition as varied; and
(e)
specifies any conditions to which the order is subject that have been revoked; and
(f)
specifies any new conditions to which the order is to be subject; and
(g)
states how the individual may apply for reconsideration of the decision.
(4)
If the Commissioner gives a notice under subsection (3) to an individual who is an aged care worker, or a governing person, of an approved provider, the Commissioner must, as soon as is practicable, give the provider a copy of the notice.

(5)
A variation or revocation of a banning order is not a legislative instrument.

74GGVariation or revocation of a banning order on application made by an individual

Application for variation or revocation
(1)
If a banning order has been made against an individual, the individual may apply to the Commissioner for the order to be varied or revoked.
Note: See section 74GH for the variation or revocation of a condition to which a banning order is subject.
(2)
The application must:
(a)
be made in writing; and
(b)
be in a form approved by the Commissioner; and
(c)
be accompanied by any documents or information specified by the Commissioner.
Variation or revocation of banning order
(3)
If an application is made under subsection (1) for the variation or revocation of a banning order made against an individual, the Commissioner may vary or revoke the order if satisfied it is appropriate to do so.
Notice of intention not to vary or revoke banning order
(4)
If the Commissioner proposes not to vary or revoke the banning order, the Commissioner must give the individual a written notice that:
(a)
sets out the reasons why the Commissioner is proposing not to vary or revoke the order; and
(b)
invites the individual to make submissions, in writing, to the Commissioner in relation to the matter within:
(i)
14 days after receiving the notice; or
(ii)
if a shorter period is specified in the notice—that shorter period; and
(c)
informs the individual that the Commissioner may, after considering any submissions made by the individual, decide not to vary or revoke the order.
(5)
The Commissioner must consider any submissions made by the individual in accordance with the notice.
Notice of decision
(6)
If the Commissioner decides to vary or revoke the banning order, the Commissioner must, as soon as is practicable, give the individual a written notice that:
(a)
sets out the decision; and
(b)
sets out the reasons for the decision; and
(c)
specifies the day on which the variation or revocation takes effect; and
(d)
states how the individual may apply for reconsideration of the decision.
(7)
If the Commissioner decides not to vary or revoke the banning order, the Commissioner must, as soon as is practicable, give the individual a written notice that:
(a)
sets out the decision; and
(b)
sets out the reasons for the decision; and
(c)
states how the individual may apply for reconsideration of the decision.
Other
(8)
A variation or revocation of a banning order is not a legislative instrument.

74GHVariation or revocation of a condition to which a banning order is subject on application made by an individual

Application for variation or revocation of condition
(1)
If a banning order has been made against an individual, the individual may apply to the Commissioner for a condition to which the order is subject to be varied or revoked.
(2)
The application must:
(a)
be made in writing; and
(b)
be in a form approved by the Commissioner; and
(c)
be accompanied by any documents or information specified by the Commissioner.
Variation or revocation of condition etc.
(3)
If an application is made under subsection (1) for the variation or revocation of a condition to which a banning order made against an individual is subject, the Commissioner may do either or both of the following things if satisfied it is appropriate to do so:
(a)
vary or revoke the condition;
(b)
specify one or more new conditions to which the order is to be subject.
Notice of intention not to vary or revoke condition etc.
(4)
If the Commissioner proposes not to vary or revoke the condition to which the banning order is subject, or proposes to specify one or more new conditions to which the order is to be subject, the Commissioner must give the individual a written notice that:
(a)
sets out the reasons why the Commissioner is proposing not to vary or revoke the condition or is proposing to specify those new conditions; and
(b)
invites the individual to make submissions, in writing, to the Commissioner in relation to the matter within:
(i)
14 days after receiving the notice; or
(ii)
if a shorter period is specified in the notice—that shorter period; and
(c)
informs the individual that the Commissioner may, after considering any submissions made by the individual, decide not to vary or revoke the condition or to specify those new conditions.
(5)
The Commissioner must consider any submissions made by the individual in accordance with the notice.
Notice of decision
(6)
If the Commissioner decides to do either or both of the things mentioned in subsection (3) in relation to the banning order, the Commissioner must, as soon as is practicable, give the individual a written notice that:
(a)
sets out the decision; and
(b)
sets out the reasons for the decision; and
(c)
if a condition to which the order is subject is varied—sets out the condition as varied and specifies the day on which the variation takes effect; and
(d)
if a condition to which the order is subject is revoked—specifies the day on which the revocation takes effect; and
(e)
specifies any new conditions to which the order is to be subject and when they take effect; and
(f)
states how the individual may apply for reconsideration of the decision.
(7)
If the Commissioner decides not to do either of the things mentioned in subsection (3) in relation to the banning order, the Commissioner must, as soon as is practicable, give the individual a written notice that:
(a)
sets out the decision; and
(b)
sets out the reasons for the decision; and
(c)
states how the individual may apply for reconsideration of the decision.
Other
(8)
A variation or revocation of a banning order is not a legislative instrument.

74GIRegister of banning orders

(1)
The Commissioner must establish and maintain a register that includes the following information in relation to each individual against whom a banning order has been made at any time:
(a)
the name of the individual;
(b)
the individual’s ABN (if any);
(c)
the details of the banning order made against the individual (including any conditions to which the order is subject);
(d)
if an application has been made under subsection 74GG(1) for the revocation of the banning order, and the application has not been finally determined—a statement to that effect;
(e)
if a request has been made under subsection 74K(1) for the reconsideration of a decision to make the banning order or not to revoke the banning order, and a reconsideration decision has not yet been made—a statement to that effect;
(f)
if a decision has been made under subsection 74M(1) to reconsider a decision to make the banning order or not to revoke the banning order, and a reconsideration decision has not yet been made—a statement to that effect;
(g)
if an application has been made to the Administrative Appeals Tribunal for review of a reconsideration decision that relates to a decision to make the banning order or not to revoke the banning order, and the application has not been finally determined—a statement to that effect;
(h)
any other information specified in the rules.
(2)
Subsection (1) applies in relation to a banning order even if the banning order is no longer in force.
(3)
Despite subsection (2), subsection (1) does not apply in relation to a banning order that is no longer in force because:
(a)
the banning order has been revoked under section 74GG; or
(b) the decision to make the banning order has been set aside on reconsideration under Part 8B or on review.
(4)
The Commissioner must ensure that the register is kept up‑to‑date.
(5)
The register may be kept in any form that the Commissioner considers appropriate.
(6)
The rules must make provision for, or in relation to, the correction of information that is included in the register, including how an individual may access information about the individual that is included in the register and seek the correction of such information.
(7)
The rules may make provision for, or in relation to, the following matters:
(a)
making the register, in whole or in part, publicly available;
(b)
making specified information that is included in the register publicly available;
(c)
any other matter relating to the administration or operation of the register.

Section 74J (after table item 6)

Add:

6A	A decision to make a banning order against an individual	The individual
6B	A decision under section 74GF to vary a banning order made against an individual	The individual
6C	A decision under section 74GG not to vary or revoke a banning order made against an individual	The individual
6D	A decision under section 74GH not to vary or revoke a condition to which a banning order against an individual is subject	The individual
6E	A decision under section 74GH to specify one or more new conditions to which a banning order against an individual is subject	The individual

Schedule 4Extension of incident management and reporting etc.Part 1Main amendments

Aged Care Act 1997

Paragraph 54‑1(1)(e)

Omit “if the type of aged care is residential care or flexible care provided in a residential setting—”.

Subsection 54‑3(2)

Omit “residential care, or flexible care provided in a residential setting, to a *residential”, substitute “*aged care to a”.

Paragraphs 54‑3(2)(a) to (h)

Omit “residential care recipient”, substitute “care recipient”.

Subsection 54‑3(3)

Repeal the subsection.

Paragraph 54‑3(5)(a)

Omit “*residential”.

Paragraph 54‑3(5)(b)

Omit “residential”.

Paragraphs 54‑3(7)(a) and 54‑4(1)(d)

Omit “*residential”.
8
Clause 1 of Schedule 1 (definition of residential care recipient)
Repeal the definition.

Application provision

The amendments of the Aged Care Act 1997 made by this Part apply in relation to an incident that occurs, is alleged to have occurred or is suspected of having occurred on or after 1 December 2022.

Part 2Other amendments

Aged Care Quality and Safety Commission Act 2018

Section 7 (definition of reportable incident)

Repeal the definition, substitute:
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.

Subsection 21(7)

Omit “reportable incidents”, substitute “a reportable incident for an approved provider”.

Paragraph 21(7)(a)

Omit “a reportable incident, which may include requiring an”, substitute “such a reportable incident, which may include requiring the”.

Paragraphs 21(7)(b) and (c)

Before “a reportable”, insert “such”.

At the end of the section 21

Add:
(8)
Without limiting subsection (1), the rules may make provision for, or in relation to, how the Commissioner deals with a reportable incident for a service provider of a Commonwealth‑funded aged care service, including in relation to one or more of the following:
(a)
action that may be taken by the Commissioner in dealing with such a reportable incident, which may include requiring the service provider to do something;
(b)
the circumstances in which the Commissioner may authorise or carry out an inquiry in relation to such a reportable incident on the Commissioner’s own initiative;
(c)
how information given to the Commissioner about such a reportable incident may be dealt with.

At the end of Part 7

Add:

Division 5—Other matters

63AAAuthorisations for the purposes of the Privacy Act 1988

(1)
A collection of sensitive information (within the meaning of the Privacy Act 1988) is taken to be authorised by this Act for the purposes of paragraph 3.4(a) of Australian Privacy Principle 3 if:
(a)
the information is collected by a service provider of a Commonwealth‑funded aged care service; and
(b)
the service provider has a responsibility under the funding agreement that relates to that service to manage and report incidents, and to take reasonable steps to prevent incidents, in accordance with that agreement; and
(c)
the information is collected for the purposes of complying with that responsibility.
(2)
A use or disclosure of personal information (within the meaning of the Privacy Act 1988) is taken to be authorised by this Act for the purposes of paragraph 6.2(b) of Australian Privacy Principle 6 if:
(a)
the use or disclosure is by a service provider of a Commonwealth‑funded aged care service; and
(b)
the service provider has a responsibility under the funding agreement that relates to that service to manage and report incidents, and to take reasonable steps to prevent incidents, in accordance with that agreement; and
(c)
the use or disclosure is for the purposes of complying with that responsibility.

Application provisions

(1) Subsection 21(8) of the Aged Care Quality and Safety Commission Act 2018, as inserted by this Part, applies in relation to a reportable incident notified after the commencement of this item.
(2) Section 63AA of the Aged Care Quality and Safety Commission Act 2018, as inserted by this Part, applies in relation to a collection, use or disclosure of information that occurs after the commencement of this item.

Schedule 5Governance of approved providers etc.Part 1Amendments

Aged Care Act 1997

Section 6‑1

Omit “sets out offences relating to disqualified individuals and”, substitute “deals with the *key personnel of approved providers and sets out”.

Section 9‑1 (heading)

Repeal the heading, substitute:

9‑1Obligation to notify of a change of circumstances that materially affects the suitability of an approved provider

Subsection 9‑1(1)

Omit “28 days”, substitute “14 days”.

Subsection 9‑1(3A)

Repeal the subsection.

Subsection 9‑1(4)

Omit “28 day”, substitute “14 day”.

After section 9‑1

Insert:

9‑2AObligation to notify of the occurrence of certain events relating to key personnel of an approved provider

(1)
An approved provider must notify the *Quality and Safety Commissioner if any of the following events occurs:
(a)
an individual becomes one of the *key personnel of the provider;
(b)
an individual ceases to be one of the key personnel of the provider;
(c)
the provider becomes aware of a change of circumstances that relates to a *suitability matter in relation to an individual who is one of the key personnel of the provider.
Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act.
(2)
The notification must:
(a)
be given within 14 days after the event occurs; and
(b)
be in the form approved by the *Quality and Safety Commissioner; and
(c)
if the notification relates to an event of a kind referred to in paragraph (1)(a)—state:
(i)
whether the approved provider has considered the *suitability matters in relation to the individual; and
(ii)
whether, after considering those matters, the provider is reasonably satisfied that the individual is suitable to be involved in the provision of *aged care; and
(d)
if the notification relates to an event of a kind referred to in paragraph (1)(b)—set out the reasons the individual ceased to be one of the *key personnel of the approved provider; and
(e)
if the notification relates to an event of a kind referred to in paragraph (1)(c)—set out:
(i)
details of the change of circumstances that relates to a suitability matter in relation to the individual; and
(ii)
whether the approved provider has considered the suitability matters in relation to the individual; and
(iii)
whether, after considering those matters, the approved provider is reasonably satisfied that the individual continues to be suitable to be involved in the provision of aged care; and
(iv)
what, if any, action the provider has taken, or proposes to take, in relation to the individual.
(3)
A *corporation commits an offence of strict liability if:
(a)
the corporation is an approved provider; and
(b)
the corporation fails to comply with subsection (1).
Penalty: 30 penalty units.

Section 9‑2 (heading)

After “status”, insert “etc.”.

After subsection 9‑2(1)

Insert:
(1A)
The *Quality and Safety Commissioner may, at any time, request an approved provider to give the Commissioner such information, relevant to the suitability of an individual who is one of the *key personnel of the provider to be involved in the provision of *aged care, as is specified in the request. The request must be in writing.

Subsections 9‑2(2) and (3)

Omit “with the request”, substitute “with a request made under subsection (1) or (1A)”.

Subsection 9‑2(4)

Omit “The request”, substitute “A request made under subsection (1) or (1A)”.

Division 10A (heading)

Repeal the heading, substitute:

Division 10A—Key personnel of approved providers

Section 10A‑2

Repeal the section, substitute:

10A‑1Key personnel of an approved provider must notify of change of circumstances relating to suitability

(1)
If:
(a)
an individual is one of the *key personnel of an approved provider; and
(b)
the provider is a *corporation; and
(c)
the individual becomes aware of a change of circumstances that relates to a *suitability matter in relation to the individual;
the individual must notify the provider of the change.
(2)
The notification must:
(a)
be given in writing; and
(b)
be given within 14 days after the individual becomes aware of the change of circumstances; and
(c)
set out the details of the change of circumstances that relates to a *suitability matter in relation to the individual.
(3)
An individual commits an offence of strict liability if:
(a)
the individual is one of the *key personnel of an approved provider; and
(b)
the provider is a *corporation; and
(c)
the individual fails to comply with subsection (1).
Penalty: 30 penalty units.

10A‑2Determination relating to suitability of key personnel of an approved provider

Determination relating to suitability of key personnel
(1)
If an approved provider is a *corporation, the *Quality and Safety Commissioner may, at any time, determine that an individual who is one of the *key personnel of the provider is not suitable to be involved in the provision of *aged care.
(2)
In deciding whether to make the determination under subsection (1), the *Quality and Safety Commissioner must consider the *suitability matters in relation to the individual.
(3)
Subsection (2) does not limit the matters the *Quality and Safety Commissioner may consider in deciding whether to make the determination under subsection (1) in relation the individual.
Notice of intention to make determination
(4)
Before the *Quality and Safety Commissioner makes the determination in relation to an individual who is one of the *key personnel of the approved provider, the Commissioner must, by written notice, notify the individual and the provider that the Commissioner is considering making such a determination.
(5)
The notice must:
(a)
set out the reasons why the *Quality and Safety Commissioner is considering making the determination in relation to an individual who is one of the *key personnel of the approved provider; and
(b)
invite the individual and the provider to make submissions, in writing, to the Commissioner in relation to the matter within:
(i)
14 days after receiving the notice; or
(ii)
if a shorter period is specified in the notice—that shorter period; and
(c)
inform the individual and the provider that the Commissioner may, after considering any submissions made by them, decide to make the determination.
(6)
The *Quality and Safety Commissioner must consider any submissions made by the individual and the approved provider in accordance with the notice.
Notice of determination
(7)
If the *Quality and Safety Commissioner decides to make the determination in relation to an individual who is one of the *key personnel of the approved provider, the Commissioner must, within 14 days after making the decision, give the individual and the provider a written notice that:
(a)
sets out the decision; and
(b)
sets out the reasons for the decision; and
(c)
states that the provider must, within a specified period, take specified action to ensure that the individual ceases to be one of the key personnel of the provider; and
(d)
sets out the effect of sections 10A‑2A and 10A‑3.
Note: The approved provider may request the *Quality and Safety Commissioner to reconsider the decision under Part 8B of the *Quality and Safety Commission Act.

(3)
If particular information is disclosed under subsection (2) to a relevant body or person, the relevant body or person must not disclose or use the information for a purpose other than the purpose for which the information was disclosed to the relevant body or person.
Relevant body or person
(4)
For the purposes of this section, each of the following is a relevant body or person:
(a)
the Australian Institute of Health and Welfare;
(b)
the Australian Statistician.

At the end of section 221

Add:
Certain protected Pricing Authority information not to be disclosed
(4)
This section does not authorise the disclosure of protected Pricing Authority information that is:
(a)
health care pricing and costing information; or
(b)
aged care information.

Section 226 (at the end of the heading)

Add “—functions in relation to hospitals”.

Before subsection 226(1)

Insert:
(1A)
This section applies in relation to the functions of the Pricing Authority mentioned in subsection 131(1) and the powers that may be exercised by the Pricing Authority for or in connection with the exercise of those functions.

After section 226

Insert:
226AMinister may give directions to the Pricing Authority—other functions
(1)
This section applies in relation to the functions of the Pricing Authority mentioned in subsections 131(1A) and 131A(1) (other than the Aged Care Act functions) and the powers that may be exercised by the Pricing Authority for or in connection with the exercise of those functions.
(2)
The Minister may, by legislative instrument, give directions to the Pricing Authority in relation to the performance of its functions and the exercise of its powers.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(3)
A direction under subsection (2) must be of a general nature only.
(4)
The Pricing Authority must comply with a direction under subsection (2).

At the end of section 279

Add:
(5)
This section applies in relation to a care recipient (within the meaning of the Aged Care Act) and a continuing care recipient (within the meaning of that Act) in the same way as it applies in relation to a patient.

Part 2—Amendments of other Acts

Aged Care Act 1997

Paragraph 32‑3(2)(f)

After “an application”, insert “(an extra service fees application)”.

After subsection 32‑3(2)

Insert:
(2A)
If the application includes an extra service fees application as mentioned in paragraph (2)(f), the Secretary must give the extra service fees application to the *Pricing Authority.

Subsection 35‑1(1)

Omit “*Aged Care Pricing Commissioner”, substitute “*Pricing Authority”.

Subsection 35‑1(2)

Omit “*Aged Care Pricing Commissioner”, substitute “*Pricing Authority”.

Paragraphs 35‑1(2)(c) and (d)

Omit “Aged Care Pricing Commissioner”, substitute “Pricing Authority”.

Subsection 35‑2(1)

Omit “*Aged Care Pricing Commissioner”, substitute “*Pricing Authority”.

Section 35‑3

Omit “*Aged Care Pricing Commissioner” (wherever occurring), substitute “*Pricing Authority”.

Section 35‑4

Repeal the section, substitute:

35‑4Notification of decision

The *Pricing Authority must notify each of the following, in writing, of the Pricing Authority’s decision on the application:
(a)
the applicant;
(b)
the Secretary.

Paragraph 52G‑2(c)

Omit “*Aged Care Pricing Commissioner”, substitute “*Pricing Authority”.

Section 52G‑4 (heading)

Omit “Aged Care Pricing Commissioner”, substitute “Pricing Authority”.

Subsections 52G‑4(1), (2) and (3)

Omit “*Aged Care Pricing Commissioner”, substitute “*Pricing Authority”.

Subsection 52G‑4(3)

Omit “the Commissioner”, substitute “the Pricing Authority”.

Subsections 52G‑4(5) and (6)

Omit “*Aged Care Pricing Commissioner”, substitute “*Pricing Authority”.

After paragraph 63‑1(1)(ha)

Insert:
(hb)
to allow persons performing an activity mentioned in paragraph 131A(1)(c) of the National Health Reform Act 2011 access to the service, as required under the Accountability Principles, for the purposes of the *Pricing Authority performing the function mentioned in paragraph 131A(1)(a) of that Act;
(hc)
to provide persons performing an activity mentioned in paragraph 131A(1)(c) of the National Health Reform Act 2011 with all reasonable facilities and assistance necessary, as required under the Accountability Principles, for the purposes of the Pricing Authority performing the function mentioned in paragraph 131A(1)(a) of that Act;

Paragraph 84‑1(h)

Repeal the paragraph.

Paragraph 85‑2(2)(a)

Omit “*Aged Care Pricing Commissioner”, substitute “*Pricing Authority”.

Paragraph 85‑2(2)(c)

Omit “Aged Care Pricing Commissioner”, substitute “Pricing Authority”.

Paragraph 85‑2(2)(c)

Omit “Commissioner’s”, substitute “Pricing Authority’s”.

Subsection 85‑2(2)

Omit “Aged Care Pricing Commissioner” (second occurring), substitute “Pricing Authority”.

Section 85‑3

Omit “*Aged Care Pricing Commissioner” (wherever occurring), substitute “*Pricing Authority”.

Subsection 85‑4(1A)

Omit “*Aged Care Pricing Commissioner”, substitute “*Pricing Authority”.

100

Subsection 85‑4(1A)

Omit “Aged Care Pricing Commissioner”, substitute “Pricing Authority”.

101

Subsections 85‑4(3), (4), (5) and (6)

Omit “*Aged Care Pricing Commissioner”, substitute “*Pricing Authority”.

102

Subsection 85‑5(1A)

Omit “*Aged Care Pricing Commissioner”, substitute “*Pricing Authority”.

103

Paragraph 85‑5(3)(b)

Omit “*Aged Care Pricing Commissioner”, substitute “*Pricing Authority”.

104

Paragraph 85‑5(3)(b)

Omit “Aged Care Pricing Commissioner”, substitute “Pricing Authority”.

105

Subsections 85‑5(5) and (6)

Omit “*Aged Care Pricing Commissioner”, substitute “*Pricing Authority”.

106

Subsection 85‑5(7)

Omit “*Aged Care Pricing Commissioner” (first occurring), substitute “*Pricing Authority”.

107

Subsection 85‑5(7)

Omit “*Aged Care Pricing Commissioner” (second occurring), substitute “Pricing Authority”.

108

Subsection 85‑5(8)

Omit “*Aged Care Pricing Commissioner” (first occurring), substitute “*Pricing Authority”.

109

Subsection 85‑5(8)

Omit “*Aged Care Pricing Commissioner” (second occurring), substitute “Pricing Authority”.

110

After paragraph 86‑3(1)(cb)

Insert:
(cc)
to the *Pricing Authority to assist in the performance of the functions mentioned in subsection 131A(1) of the National Health Reform Act 2011 or the exercise of powers for or in connection with the performance of those functions; and

111

After section 86‑4

Insert:
86‑4ADisclosure of certain protected information by officials of the Pricing Authority
An official of the Pricing Authority (within the meaning of the National Health Reform Act 2011) may disclose *protected information to either of the following if the information was obtained in the course of the performance of an Aged Care Act function (within the meaning of the National Health Reform Act 2011):
(a)
the Secretary;
(b)
the *Quality and Safety Commissioner.

112

Section 86‑5 (heading)

Omit “or 86‑4”, substitute “, 86‑4 or 86‑4A”.

113

Paragraph 86‑5(b)

Omit “or 86‑4”, substitute “, 86‑4 or 86‑4A”.

114

Part 6.7

Repeal the Part.

115

Section 96‑1 (table item 9A)

Repeal the item.

116

Subsection 96‑2(3)

Repeal the subsection, substitute:
Pricing Authority
(3)
The Secretary may, in writing, delegate to the *Pricing Authority the powers and functions of the Secretary that the Secretary considers necessary for the Pricing Authority to perform the Pricing Authority’s functions under this Act.
(3A)
If, under subsection (3), the Secretary delegates a power or function to the *Pricing Authority, the Pricing Authority may, in writing, sub‑delegate the power or function to a person covered by subsection 161(1) or (2) of the National Health Reform Act 2011 (other than a member of the Pricing Authority (within the meaning of that Act)).
117
Clause 1 of Schedule 1 (definition of Aged Care Pricing Commissioner)
Repeal the definition.

118

Clause 1 of Schedule 1

Insert:
Pricing Authority has the same meaning as in the National Health Reform Act 2011.

Aged Care Quality and Safety Commission Act 2018

119
Section 7 (definition of Aged Care Pricing Commissioner)
Repeal the definition.

120

Section 7

Insert:
Pricing Authority has the same meaning as in the National Health Reform Act 2011.

121

Paragraph 61(1)(i)

Repeal the paragraph, substitute:
(i)
to the Pricing Authority to assist in the performance of the Aged Care Act functions (within the meaning of the National Health Reform Act 2011) of the Pricing Authority; or
Part 3—Application, saving and transitional provisions

Division 1—Preliminary

122

Definitions

In this Part:
amended Aged Care Act means the Aged Care Act 1997, as amended by this Schedule.
commencement day means the day on which this Schedule commences.
National Health Reform Act means the National Health Reform Act 2011.
old Aged Care Act means the Aged Care Act 1997 as in force immediately before the commencement day.
rules means rules made under item 137.
Division 2—Application etc. provisions relating to the National Health Reform Act 2011

123

Members of the Pricing Authority

Subject to item 124 of this Schedule, a person holding office as a member of the Independent Hospital Pricing Authority immediately before the commencement day continues, on and after that day, to hold office as a member of the Independent Health and Aged Care Pricing Authority for the balance of the person’s term of appointment that remains immediately before that day.

124

Deputy Chair of the Pricing Authority

(1) A person holding office as the Deputy Chair of the Independent Hospital Pricing Authority immediately before the commencement day holds office, on and after that day, as the Deputy Chair (Hospital Pricing) of the Independent Health and Aged Care Pricing Authority.
(2) The person continues, on and after that day, to hold office as the Deputy Chair (Hospital Pricing) of the Independent Health and Aged Care Pricing Authority for the balance of the person’s term of appointment as the Deputy Chair of the Independent Hospital Pricing Authority that remains immediately before that day.
125
Appointment of members of the Pricing Authority
Section 144 of the National Health Reform Act, as amended by Part 1 of this Schedule, applies in relation to an appointment that is made on or after the commencement day.

126

Reporting to Parliament

(1) Subject to subitem (2):

(a)
section 210 of the National Health Reform Act, as amended by Part 1 of this Schedule; and
(b)
sections 204X, 211B and 211D of the National Health Reform Act, as inserted by Part 1 of this Schedule;
apply in relation to the financial year starting on 1 July 2022 and later financial years.
(2) For the purposes of the financial year starting on 1 July 2022, paragraph 211D(2)(b) of the National Health Reform Act, as inserted by Part 1 of this Schedule, applies as if a reference in that paragraph to “the Pricing Authority” were a reference to “the Pricing Authority or the Aged Care Pricing Commissioner”.
Division 3—Application etc. provisions relating to the Aged Care Act 1997
127
Application—requirement to give certain applications to the Independent Health and Aged Care Pricing Authority
Subsection 32‑3(2A) of the amended Aged Care Act applies in relation to an application that is made on or after the commencement day.
128
Saving—approvals under Division 35 of the Aged Care Act 1997
(1) This item applies in relation to an approval that is in force under Division 35 of the old Aged Care Act immediately before the commencement day.

(2) On and after that day:

(a)
the approval continues in force (and may be dealt with) as if it were an approval under Division 35 of the amended Aged Care Act; and
(b)
the date of the approval for the purposes of the old Aged Care Act is taken to be the date of the approval for the purposes of the amended Aged Care Act.
129
Transitional—applications under Division 35 of the Aged Care Act 1997
(1) This item applies in relation to an application that is made to the Aged Care Pricing Commissioner under Division 35 of the old Aged Care Act on a particular date (the application date) if:
(a)
the application date is before the commencement day; and
(b)
the application is in a form approved by the Aged Care Pricing Commissioner for the purposes of subsection 35‑2(1) of the old Aged Care Act; and
(c)
either:
(i)
no decision on the application has been made before the commencement day; or
(ii)
a decision on the application has been made before the commencement day but notice of the decision has not been given to the applicant before that day.
(2) If no decision on the application has been made before the commencement day, then, on and after that day:
(a)
the application is taken to have been made on the application date to the Independent Health and Aged Care Pricing Authority under Division 35 of the amended Aged Care Act; and
(b)
the application is taken to be in a form approved by the Independent Health and Aged Care Pricing Authority for the purposes of subsection 35‑2(1) of the amended Aged Care Act.
(3) If a decision on the application has been made before the commencement day but notice of the decision has not been given to the applicant before that day, then, on and after that day section 35‑4 and subsection 85‑2(2) of the amended Aged Care Act apply in relation to the decision as if the decision had been made by the Independent Health and Aged Care Pricing Authority.
Note: See also item 134 of this Schedule (Things done by, or in relation to, the Aged Care Pricing Commissioner).
130
Saving—approvals under section 52G‑4 of the Aged Care Act 1997
(1) This item applies in relation to an approval that is in force under subsection 52G‑4(5) of the old Aged Care Act immediately before the commencement day.

(2) On and after that day:

(a)
the approval continues in force (and may be dealt with) as if it were an approval under subsection 52G‑4(5) of the amended Aged Care Act; and
(b)
the date of the approval for the purposes of the old Aged Care Act is taken to be the date of the approval for the purposes of the amended Aged Care Act.
131
Transitional—applications under section 52G‑4 of the Aged Care Act 1997
(1) This item applies in relation to an application that is made to the Aged Care Pricing Commissioner under section 52G‑4 of the old Aged Care Act on a particular date (the application date) if:
(a)
the application date is before the commencement day; and
(b)
no decision on the application has been made before the commencement day.
(2) The application is, on and after the commencement day, taken to have been made on the application date to the Independent Health and Aged Care Pricing Authority under section 52G‑4 of the amended Aged Care Act.
Note: See also item 134 of this Schedule (Things done by, or in relation to, the Aged Care Pricing Commissioner).
132
Transitional—requests under subsection 85‑5(1A) of the Aged Care Act 1997
(1) This item applies in relation to a request to reconsider a reviewable decision that is made to the Aged Care Pricing Commissioner under subsection 85‑5(1A) of the old Aged Care Act on a particular date (the request date) if:
(a)
the request date is before the commencement day; and
(b)
either:
(i)
no decision on the request has been made before the commencement day; or
(ii)
a decision on the request has been made before the commencement day but notice of the decision has not been given to the applicant before that day.
(2) If no decision on the request has been made before the commencement day, then, on and after that day, the request is taken to have been made on the request date to the Independent Health and Aged Care Pricing Authority under subsection 85‑5(1A) of the amended Aged Care Act.
(3) If a decision on the request has been made before the commencement day but notice of the decision has not been given to the applicant before that day, then, on and after that day, subsection 85‑5(7) of the amended Aged Care Act applies in relation to the decision as if the decision had been made by the Independent Health and Aged Care Pricing Authority.
Note: See also item 134 of this Schedule (Things done by, or in relation to, the Aged Care Pricing Commissioner).
133
Transitional—legal proceedings involving the Aged Care Pricing Commissioner
If, immediately before the commencement day, the Aged Care Pricing Commissioner was a party to proceedings pending in any court or tribunal, the Independent Health and Aged Care Pricing Authority is substituted for the Aged Care Pricing Commissioner as a party to the proceedings on and after that day.
134
Things done by, or in relation to, the Aged Care Pricing Commissioner
(1) If, before the commencement day, a thing was done by, or in relation to, the Aged Care Pricing Commissioner for the purposes of:
(a)
the old Aged Care Act; or
(b)
a legislative instrument made under the old Aged Care Act; or
(c)
the Aged Care Quality and Safety Commission Act 2018 as in force immediately before the commencement day;
then the thing has effect, on and after that day, as if it had been done by, or in relation to, the Independent Health and Aged Care Pricing Authority.
(2) The rules may provide that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Aged Care Pricing Commissioner.

135

Transfer of records

(1) This item applies to any records or documents that were in the possession of the Aged Care Pricing Commissioner immediately before the commencement day.
(2) The records and documents are to be transferred to the Independent Health and Aged Care Pricing Authority on or after that day.
136
References to the Aged Care Pricing Commissioner in instruments

(1) This item applies to an instrument if:

(a)
the instrument was in force immediately before the commencement day; and
(b)
the instrument contains a reference to the Aged Care Pricing Commissioner.
(2) The instrument has effect, on and after that day, as if a reference in the instrument to the Aged Care Pricing Commissioner were a reference to the Independent Health and Aged Care Pricing Authority.
(3) The rules may provide that subitem (2) does not apply in relation to a specified instrument or a specified reference.
(4) This item does not prevent the instrument from being amended or repealed after the commencement of this item.

(5) In this item:

instrument includes:
(a)
a contract, deed, undertaking, arrangement or agreement; and
(b)
a notice, authority, order or instruction; and
(c)
an instrument made under an Act or regulation.

Division 4—Transitional rules

137

Transitional rules

(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.
(2) However, to avoid doubt, the rules may not do the following:
(a)
create an offence or civil penalty;
(b)
provide powers of:
(i)
arrest or detention; or
(ii)
entry, search or seizure;
(c)
impose a tax;
(d)
set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e)
directly amend the text of this Schedule.
(3) This Part (other than subitem (2)) does not limit the rules that may be made for the purposes of subitem (1).

Schedule 9—Restrictive practices

Aged Care Act 1997

After subsection 54‑10(1)

Insert:
(1A)
The Quality of Care Principles made for the purposes of paragraph 54‑1(1)(f) may make provision for, or in relation to, the persons or bodies who may give informed consent to the use of a *restrictive practice in relation to a care recipient if the care recipient lacks capacity to give that consent.

Subsection 54‑10(3)

After “Subsections (1)”, insert “, (1A)”.

At the end of Division 54

Add:
54‑11Immunity from civil or criminal liability in relation to the use of a restrictive practice in certain circumstances

(1) This section applies if:
(a)
an approved provider provides aged care of a kind specified in the Quality of Care Principles made for the purposes of paragraph 54‑1(1)(f) to a care recipient; and
(b)
a *restrictive practice is used in relation to the care recipient; and
(c)
the care recipient lacked capacity to give informed consent to the use of the restrictive practice.
(2)
A *protected entity is not subject to any civil or criminal liability for, or in relation to, the use of the *restrictive practice in relation to the care recipient if:

(a)
informed consent to the use of the restrictive practice was given by a person or body specified in the Quality of Care Principles made for the purposes of this paragraph; and
(b)
the restrictive practice was used in the circumstances set out in the Quality of Care Principles made for the purposes of paragraph 54‑1(1)(f).

(3)
Each of the following is a protected entity:
(a)
the approved provider referred to in paragraph (1)(a);
(b)
an individual who used, or assisted in the use of, the *restrictive practice in relation to the care recipient referred to in that paragraph.

Clause 1 of Schedule 1

Insert:
protected entity has the meaning given by subsection 54‑11(3).

[Minister’s second reading speech made in—

House of Representatives on 27 July 2022

Senate on 27 July 2022]

(52/22)