Aged Care Legislation Amendment (Care Recipients and Service Staff Vaccination Recording and Reporting) Principles 2021 (Cth)

Aged Care Legislation Amendment (Care Recipients and Service Staff Vaccination Recording and Reporting) Principles 2021

made under section 96‑1 of the

Aged Care Act 1997

Compilation No. 1

Compilation date:   22 December 2021

Includes amendments up to:            F2021L01873

Registered:   11 January 2022

About this compilation

This compilation

This is a compilation of the Aged Care Legislation Amendment (Care Recipients and Service Staff Vaccination Recording and Reporting) Principles 2021 that shows the text of the law as amended and in force on 22 December 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments commencing day after registration  2

Records Principles 2014  2

Schedule 2—Amendments commencing 21 July 2021  3

Accountability Principles 2014  3

Endnotes5

Endnote 1—About the endnotes  5

Endnote 2—Abbreviation key  6

Endnote 3—Legislation history  7

Endnote 4—Amendment history  8

1  Name

This instrument is the Aged Care Legislation Amendment (Care Recipients and Service Staff Vaccination Recording and Reporting) Principles 2021.

3  Authority

This instrument is made under the Aged Care Act 1997.

4  Schedules

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

Schedule 1—Amendments commencing day after registration

Records Principles 2014

1  After paragraph 10A(b)

Insert:

; or (c)  a home care service;

2  Subsection 10B(1) (heading)

Repeal the heading, substitute:

Residential care services, certain flexible care services and home care services

3  After paragraph 10B(1)(b)

Insert:

; or (ba)  a home care service;

4  After section 10B

Insert:

10C  Records about residential care recipients—vaccinations

An approved provider of:

(a)  a residential care service; or

(b)  a flexible care service through which short‑term restorative care is provided in a residential care setting; or

(c)  a multi‑purpose service;

must keep records of the following information:

(d)  the number of care recipients to whom residential care is provided through the service who have voluntarily informed the approved provider that they have received a single dose of a COVID‑19 vaccine (whether the dose was received before or after the commencement of this section);

(e)  the number of care recipients to whom residential care is provided though the service who have voluntarily informed the approved provider that they have received all required doses of a COVID‑19 vaccine (whether the doses were received before or after the commencement of this section).

Schedule 2—Amendments commencing 21 July 2021

Accountability Principles 2014

1  Subsection 30C(1) (heading)

Repeal the heading, substitute:

Residential care services, certain flexible care services and home care services

2  After paragraph 30C(1)(b)

Insert:

; or (ba)  a home care service;

3  Subsection 30C(3)

Omit “15 June 2021”, substitute “27 July 2021”.

4  Subsection 30C(4) (paragraph (a) of the definition of reporting day)

Omit “15 June 2021”, substitute “27 July 2021”.

5  At the end of Division 3 of Part 3

Add:

30D  Reports about residential care recipients who have received COVID‑19 vaccinations

(1)  An approved provider of:

(a)  a residential care service; or

(b)  a flexible care service through which short‑term restorative care is provided in a residential care setting; or

(c)  a multi‑purpose service;

must, on each reporting day, give the Secretary a report, in a form approved by the Secretary, that sets out the following information:

(d)  the total number of care recipients to whom residential care is provided though the service;

(e)  the number of those care recipients who have voluntarily informed the approved provider that they have received a single dose of a COVID‑19 vaccine;

(f)  the number of those care recipients who have voluntarily informed the approved provider that they have received all required doses of a COVID‑19 vaccine.

Exceptions

(2)  However, an approved provider is not required to give the Secretary a report under subsection (1) on a reporting day after 27 July 2021 if the number of care recipients referred to in paragraphs (1)(e) and (f) is the same as in the last report given by the approved provider under subsection (1).

Meaning of reporting day

(3)  In this section:

reporting day means:

(a)  27 July 2021; and

(b)  each subsequent Tuesday.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Aged Care Legislation Amendment (Care Recipients and Service Staff Vaccination Recording and Reporting) Principles 2021	12 July 2021 (F2021L00981)	Sch 2: 21 July 2021 (s 2(1) item 3) Sch 3: repealed before commencing (s 2(1) item 4) Remainder: 13 July 2021 (s 2(1) items 1, 2)
Aged Care Legislation Amendment (Vaccination Information) Principles (No. 2) 2021	21 Dec 2021 (F2021L01873)	Sch 1 (items 26, 27): 22 Dec 2021 (s 2(1) item 3)	—

Endnote 4—Amendment history

Provision affected	How affected
s 2.............................................	am F2021L01873
rep LA s 48D
Schedule 3................................	rep F2021L01873