Aged Care Quality and Safety Commission Act 2018 (Cth)
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Contents
This Act is the
Aged Care Quality and Safety Commission Act 2018 .
(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.
The whole of this Act | 1 January 2019. | 1 January 2019 |
Note: This table relates only to the provisions of this Act as originally enacted.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.
This Act binds the Crown in each of its capacities.
This Act extends to the external Territories other than the Territory of Ashmore and Cartier Islands.
The object of this Act is to establish a regulatory framework that will:
(a) protect and enhance the safety, health, well‑being and quality of life of aged care consumers; and
(b) promote aged care consumers’ confidence and trust in the provision of aged care services and Commonwealth‑funded aged care services; and
(c) promote engagement with aged care consumers about the quality of care and services provided by:
(i) approved providers of aged care services; and
(ii) service providers of Commonwealth‑funded aged care services.
This Act establishes the Aged Care Quality and Safety Commission and provides for there to be a Commissioner of the Commission.
A number of functions are conferred on the Commissioner, including:
(a) the function of protecting and enhancing the safety, health, well‑being and quality of life of aged care consumers; and
(aa) the function of approving providers of aged care; and
(ab) the functions of imposing sanctions on approved providers and lifting sanctions; and
(ac) the function of ensuring compliance with the aged care responsibilities of approved providers and provisions of this Act and the Aged Care Act; and
(b) the function of promoting the provision of quality care and services by approved providers of aged care services and service providers of Commonwealth‑funded aged care services; and
(c) the consumer engagement functions; and
(d) the complaints functions; and
(da) the code functions; and
(e) the regulatory functions; and
(f) the education functions; and
(g) the function of reconsidering and reviewing certain decisions made under this Act.
The Aged Care Quality and Safety Advisory Council is also established and has specified functions relating to the giving of advice in relation to the Commissioner’s functions.
This Act also deals with the Code of Conduct, the sharing of information and confidentiality.
In this Act:
ABN has the meaning given by theA New Tax System (Australian Business Number) Act 1999 .
accommodation bond has the same meaning as in the Aged Care Act.
accommodation charge has the same meaning as in the Aged Care Act.
accommodation contribution has the same meaning as in the Aged Care Act.
accommodation payment has the same meaning as in the Aged Care Act.
Advisory Council means the Aged Care Quality and Safety Advisory Council established by section 37.
Advisory Council member means a member of the Advisory Council and includes the Chair.
affected person : see section 74J.
aged care has the same meaning as in the Aged Care Act.
Aged Care Act means theAged Care Act 1997 .
aged care consumer means:
(a) a care recipient; or
(b) a person who is a recipient of a Commonwealth‑funded aged care service.
Aged Care Principles means Principles made under section 96‑1 of the Aged Care Act.
aged care responsibility means a responsibility of an approved provider under Chapter 4 of the Aged Care Act.
aged care service has the same meaning as in the Aged Care Act.
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.
annual operational plan means the annual operational plan given to the Minister under section 54.
approved provider : a person or body is anapproved provider if:
(a) the person or body:
(i) has been approved as a provider of aged care under section 63D; or
(ii) is taken, under paragraph 63F(2)(a), to be an approved provider; and
(b) the approval of the person or body is in effect.
Note: The approval of the person or body ceases to have effect if it is suspended or revoked under Division 4 of Part 7A or Part 7B.
authorised officer means a person appointed as an authorised officer under subsection 75A(1).
banning order means an order made under subsection 74GB(1) or (3).
care has the same meaning as in the Aged Care Act.
care recipient means a person approved under Part 2.3 of the Aged Care Act as a recipient of aged care.
Chair means the Chair of the Advisory Council.
civil penalty order has the same meaning as in the Regulatory Powers Act.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
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.
Commission means the Aged Care Quality and Safety Commission established by section 11.
Commissioner means the Commissioner of the Commission.
Commonwealth‑funded aged care service : see subsection 8(1).
complaints functions : see section 18.
compliance notice means a notice given under section 74EE.
consumer engagement functions : see section 17.
corporation means a trading or financial corporation within the meaning of paragraph 51(xx) of the Constitution.
distinct part , in relation to a residential care service, has the same meaning as in the Aged Care Act.
education functions : see section 20.
eligible advise r means a person other than:
(b) an officer of the Commonwealth; or
(c) a person specified in the rules.
extra service status has the same meaning as in the Aged Care Act.
Federal Court means the Federal Court of Australia.
flexible care has the same meaning as in the Aged Care Act.
flexible care service has the same meaning as in the Aged Care Act.
funding agreement that relates to a Commonwealth‑funded aged care service: see subsection 8(2).
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).
home care has the same meaning as in the Aged Care Act.
home care service has the same meaning as in the Aged Care Act.
identity card means:
(a) in relation to an authorised officer—an identity card issued to the authorised officer under section 35 or 76 of the Regulatory Powers Act; or
(b) in relation to a quality assessor—an identity card issued to the quality assessor under section 74 of this Act.
indictable offence means:
(a) an indictable offence against a law of the Commonwealth or of a State or Territory; or
(b) an offence that:
(i) is an offence against a law of a foreign country or of a part of a foreign country; and
(ii) when committed, corresponds to an indictable offence against a law of the Commonwealth or of a State or Territory.
Inspector‑General of Aged Care means the Inspector‑General of Aged Care referred to in section 9 of theInspector‑General of Aged Care Act 2023 .
internal decision reviewer means:
(a) the Commissioner; or
(b) a delegate of the Commissioner referred to in paragraph 74L(1)(b) or 74M(1)(b).
key personnel of a person or body has the meaning given by section 8B.
local government authority means a body established for the purposes of local government by or under a law of a State or Territory.
NDIS banning order means a banning order made under section 73ZN of theNational Disability Insurance Scheme Act 2013 .
non‑compliance notice means a notice given under subsection 63S(2).
occupied place of an approved provider: see subsection 63Q(5).
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
people with special needs has the same meaning as in the Aged Care Act.
personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
place has the same meaning as in the Aged Care Act.
Pricing Authority has the same meaning as in theNational Health Reform Act 2011 .
protected information : see subsection 60(2).
provisional allocation has the same meaning as in the Aged Care Act.
quality assessor means a person registered as a quality assessor under the rules.
reconsideration decision means a decision made under subsection 74L(2) or 74M(3).
regulatory functions : see section 19.
regulatory official means the Commissioner or a quality assessor.
Regulatory Powers Act means theRegulatory Powers (Standard Provisions) Act 2014 .
relevant data : see subsection 72(3).
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.
residential care has the same meaning as in the Aged Care Act.
residential care service has the same meaning as in the Aged Care Act.
reviewable decision : see section 74J.
rules means the rules made under section 77.
search powers : see sections 71 and 72.
Secretary means the Secretary of the Department.
service provider of a Commonwealth‑funded aged care service: see subsection 8(3).
staff of the Commission means the staff of the Commission referred to in section 33.
State or Territory authority means a body established for a public purpose by or under a law of a State or Territory.
subsidy has the same meaning as in the Aged Care Act.
suitability matters in relation to an individual has the meaning given by section 8C.
vacancy , in relation to the office of an Advisory Council member, has a meaning affected by section 9.
vacant place of an approved provider: see subsection 63Q(4).
(1) A
Commonwealth‑funded aged care service is a service provided under a program that is a program (thefunded program ) of a kind specified in the rules for the purposes of this subsection.(2) A
funding agreement that relates to a Commonwealth‑funded aged care service is the agreement between a person or body and the Commonwealth that relates to a funded program under which the service is, or is to be, provided.(3) A
service provider of a Commonwealth‑funded aged care service is a person or body that is a party to the funding agreement that relates to the service.
(1) Each of the following is one of the key personnel of a person or body (the
entity ) at a particular time:
(a) if the entity is not a State or Territory—a member of the group of persons who is responsible for the executive decisions of the entity at that time;
(b) if the entity is not a State or Territory—any other person who has authority or responsibility for, or significant influence over, planning, directing or controlling the activities of the entity at that time;
(c) if, at that time, the entity conducts an aged care service:
(i) any person who is responsible for the nursing services provided by the service and who holds a recognised qualification in nursing; and
(ii) any person who is responsible for the day‑to‑day operations of the service;
whether or not the person is employed by the entity;
(d) if, at that time, the entity proposes to conduct an aged care service:
(i) any person who is likely to be responsible for the nursing services to be provided by the service and who holds a recognised qualification in nursing; and
(ii) any person who is likely to be responsible for the day‑to‑day operations of the service;
whether or not the person is employed by the entity.
(2) Without limiting paragraph (1)(a), a reference in that paragraph to a member of the group of persons who is responsible for the executive decisions of an entity includes:
(a) if the entity is a body corporate that is incorporated, or taken to be incorporated, under the
Corporations Act 2001 —a director of the body corporate for the purposes of that Act; and(b) in any other case—a member of the entity’s governing body.
(1) Each of the following matters is a
suitability matter in relation to an individual:
(a) the individual’s experience in providing, at any time, aged care or other relevant forms of care;
(aa) whether a banning order against the individual is, or has at any time been, in force;
(b) whether a NDIS banning order against the individual is, or has at any time been, in force;
(c) whether the individual has at any time been convicted of an indictable offence;
(d) whether a civil penalty order against the individual has been made at any time;
(e) whether the individual is, or has at any time been, an insolvent under administration;
(f) whether the individual is or has at any time been the subject of adverse findings or enforcement action by any of the following:
(i) a Department of the Commonwealth or of a State or Territory;
(ii) the Australian Securities and Investments Commission;
(iii) the Australian Charities and Not‑for‑profits Commission;
(iv) the Australian Competition and Consumer Commission;
(v) the Australian Prudential Regulation Authority;
(vi) the Australian Crime Commission;
(vii) AUSTRAC;
(viii) another body established for a public purpose by or under a law of the Commonwealth;
(ix) a State or Territory authority (including, but not limited to, a body that is equivalent to a body mentioned in subparagraphs (ii) to (vii));
(x) a local government authority;
(g) whether the individual:
(i) is, or has at any time been, the subject of any findings or judgment in relation to fraud, misrepresentation or dishonesty in any administrative, civil or criminal proceedings; or
(ii) is currently party to any proceedings that may result in the individual being the subject of such findings or judgment;
(h) whether the individual is, or has at any time been, disqualified from managing corporations under Part 2D.6 of the
Corporations Act 2001 ;(i) any other matter specified in the rules.
(2) This section does not affect the operation of Part VIIC of the
Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
For the purposes of a reference in:
(a) this Act to a
vacancy in the office of an Advisory Council member; or(b) the
Acts Interpretation Act 1901 to avacancy in the membership of a body;there are taken to be 10 offices of Advisory Council members in addition to the Chair.
This Part establishes the Commission.
The Commission consists of the Commissioner and the staff of the Commission. It has the function of assisting the Commissioner in the performance of the Commissioner’s functions.
(1) The Aged Care Quality and Safety Commission is established by this section.
(2) For the purposes of the finance law (within the meaning of the
Public Governance, Performance and Accountability Act 2013 ):
(a) the Commission is a listed entity; and
(b) the Commissioner is the accountable authority of the Commission; and
(c) the following persons are officials of the Commission:
(i) the Commissioner;
(ii) the staff of the Commission;
(iii) persons assisting the Commissioner referred to in section 34;
(iv) consultants engaged under section 35; and
(d) the purposes of the Commission include:
(i) the function of the Commission referred to in section 13; and
(ii) the functions of the Commissioner referred to in section 16.
The Commission consists of:
(a) the Commissioner; and
(b) the staff of the Commission.
The Commission’s function is to assist the Commissioner in the performance of the Commissioner’s functions.
There is to be a Commissioner of the Commission with functions that include:
(a) protecting and enhancing the safety, health, well‑being and quality of life of aged care consumers; and
(aa) approving providers of aged care; and
(ab) imposing sanctions on approved providers and lifting sanctions; and
(ac) ensuring compliance with the aged care responsibilities of approved providers and provisions of this Act and the Aged Care Act; and
(b) promoting the provision of quality care and services by approved providers of aged care services and service providers of Commonwealth‑funded aged care services; and
(c) the consumer engagement functions; and
(d) the complaints functions; and
(da) the code functions; and
(e) the regulatory functions; and
(f) the education functions; and
(g) reconsidering and reviewing certain decisions made under this Act.
The Minister is to appoint the Commissioner and may give written directions about the performance of the Commissioner’s functions.
The Commissioner may charge fees for services provided by the Commissioner in performing the Commissioner’s functions.
There is to be a Commissioner of the Commission.
(1) The Commissioner has the following functions:
(a) to protect and enhance the safety, health, well‑being and quality of life of aged care consumers;
(aa) the functions conferred on the Commissioner by Part 7A (which deals with the approval of providers of aged care etc.);
(ab) the functions conferred on the Commissioner by Part 7B (which deals with imposing sanctions on approved providers that have not complied, or are not complying, with the aged care responsibilities);
(ac) to ensure compliance with:
(i) the aged care responsibilities of approved providers; and
(ii) provisions of this Act and the Aged Care Act;
(b) to promote the provision of quality care and services by:
(i) approved providers of aged care services; and
(ii) service providers of Commonwealth‑funded aged care services;
(c) the consumer engagement functions;
(d) the complaints functions;
(da) the code functions;
(e) the regulatory functions;
(f) the education functions;
(fa) to reconsider and review certain decisions made under this Act;
(g) such other functions as are conferred on the Commissioner by:
(i) this Act or the rules; or
(ii) the Aged Care Act or the Aged Care Principles; or
(iii) any other law of the Commonwealth;
(h) if the Commissioner considers it is appropriate to do so in particular circumstances—to seek and consider clinical advice that is relevant to the performance of any of the above functions;
(i) to provide, at the request of the Minister, advice to the Minister in relation to any of the above functions;
(j) to do anything incidental or conducive to the performance of any of the above functions.
(2) The Commissioner has the power to do all things necessary or convenient to be done for, or in connection with, the performance of the Commissioner’s functions.
The
consumer engagement functions of the Commissioner are:
(a) to develop, in consultation with aged care consumers and their representatives, best practice models for the engagement of approved providers of aged care services, and service providers of Commonwealth‑funded aged care services, with their aged care consumers and the representatives of those consumers; and
(b) to promote those best practice models to such approved providers and service providers.
The
complaints functions of the Commissioner are to, in accordance with rules, deal with complaints made, or information given, to the Commissioner about the following matters:
(a) an approved provider’s responsibilities under the Aged Care Act or the Aged Care Principles;
(b) the responsibilities of a service provider of a Commonwealth‑funded aged care service under the funding agreement that relates to the service.
(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.
The
regulatory functions of the Commissioner are:
(a) to accredit the following aged care services in accordance with the rules:
(i) residential care services;
(ii) any other aged care services of a kind specified in the rules; and
(b) to conduct quality reviews of the following services in accordance with the rules:
(i) home care services;
(ii) any other aged care services of a kind specified in the rules;
(iii) Commonwealth‑funded aged care services; and
(c) to monitor, in accordance with the rules, the quality of care and services provided by approved providers of the following aged care services:
(i) residential care services;
(ii) home care services;
(iii) any other aged care services of a kind specified in the rules; and
(d) to monitor, in accordance with the rules, the quality of care and services provided by service providers of Commonwealth‑funded aged care services; and
(e) to register, in accordance with the rules, persons as quality assessors for the purposes of performing functions, or exercising powers, under this Act or the rules.
The
education functions of the Commissioner are:
(a) to provide information and education about matters relating to any one or more of the Commissioner’s functions referred to in section 16 to any or all of the following:
(i) approved providers;
(ii) service providers of Commonwealth‑funded aged care services;
(iii) aged care consumers;
(iv) representatives of aged care consumers;
(v) the public; and
(b) to collect, correlate, analyse and disseminate information relating to any one or more of the Commissioner’s functions referred to in section 16.
(1) The rules may make provision for, or in relation to, the performance of a function conferred on the Commissioner by section 16.
Complaints functions
(2) Without limiting subsection (1), the rules may establish a scheme for dealing with complaints made, or information given, to the Commissioner about the following matters:
(a) an approved provider’s responsibilities under the Aged Care Act or the Aged Care Principles;
(b) the responsibilities of a service provider of a Commonwealth‑funded aged care service under the funding agreement that relates to the service.
(3) Without limiting subsection (2), the rules may make provision in relation to any one or more of the following:
(a) how complaints about a matter referred to in that subsection may be made, managed and resolved;
(b) how information given to the Commissioner about a matter referred to in that subsection may be dealt with;
(c) the roles, rights and responsibilities of complainants, approved providers, service providers of Commonwealth‑funded aged care services and any other relevant persons;
(d) the considerations relevant to resolving such complaints or dealing with such information;
(e) the actions that may be taken to address such complaints, or to deal with such information, which may include requiring an approved provider or service provider of a Commonwealth‑funded aged care service to do something;
(f) the review or reconsideration of decisions made under the scheme.
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.
Regulatory functions
(4) Without limiting subsection (1), the rules may make provision for or in relation to:
(a) the accreditation of an aged care service referred to in paragraph 19(a); and
(b) the circumstances in which an aged care service is taken to be accredited for the purposes of the rules; and
(c) the conduct of quality reviews of a service referred to in paragraph 19(b); and
(d) the monitoring of the quality of care and services provided by approved providers of an aged care service referred to in paragraph 19(c); and
(e) the monitoring of the quality of care and services provided by service providers of Commonwealth‑funded aged care services; and
(f) the registration of persons as quality assessors for the purposes of performing functions, or exercising powers, under this Act or the rules; and
(g) the functions to be performed, or the powers to be exercised, by quality assessors; and
(h) the review or reconsideration of decisions relating to the accreditation of an aged care service or the registration of a quality assessor.
(5) Without limiting paragraph (4)(d), the rules may do any or all of the following:
(a) require approved providers of aged care services to have a written plan for continuous improvement in the quality of care and services they provide;
(b) make provision in relation to the setting of timetables for improvement in the quality of care and services provided by approved providers of aged care services;
(c) make provision in relation to forms of contact between approved providers of aged care services, and the Commissioner or a quality assessor, for specified purposes;
(d) provide for the conduct of audits of aged cares services in specified circumstances.
(6) Without limiting paragraph (4)(e), the rules may do any or all of the following:
(a) require service providers of Commonwealth‑funded aged care services to have a written plan for continuous improvement in the quality of care and services they provide;
(b) make provision in relation to the setting of timetables for improvement in the quality of care and services provided by service providers of Commonwealth‑funded aged care services;
(c) make provision in relation to forms of contact between service providers of Commonwealth‑funded aged care services, and the Commissioner or a quality assessor, for specified purposes;
(d) provide for the conduct of audits of Commonwealth‑funded aged care services in specified circumstances.
Reportable incident functions
(7) Without limiting subsection (1), the rules may make provision for, or in relation to, how the Commissioner deals with a reportable incident for an approved provider, 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 approved 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.
Note: For responsibilities of approved providers in relation to reportable incidents, see Division 54 of the Aged Care Act.
(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.
(1) The Minister may, by legislative instrument, give written directions to the Commissioner about the performance of the Commissioner’s functions.
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).(2) A direction given by the Minister under subsection (1):
(a) must be of a general nature only; and
(b) must not relate to a particular aged care consumer, approved provider or service provider of a Commonwealth‑funded aged care service.
(3) The Commissioner must comply with a direction under subsection (1).
(4) Subsection (3) does not apply to the extent that the direction relates to the Commissioner’s performance of functions, or exercise of powers, under the following Acts in relation to the Commission:
(a) the
Public Service Act 1999 ;(b) the
Public Governance, Performance and Accountability Act 2013 .
(1) The Commissioner may charge fees for services provided by the Commissioner in performing the Commissioner’s functions.
(1A) However, the Commissioner must not charge:
(a) an aged care consumer, or their representative, fees for services provided by the Commissioner in performing the consumer engagement functions; or
(b) a complainant fees for services provided by the Commissioner in performing the complaints functions.
(2) A fee must not be such as to amount to taxation.
(1) The Commissioner is to be appointed by the Minister by written instrument, on a full‑time basis.
Note: The Commissioner may be reappointed: see section 33AA of the
Acts Interpretation Act 1901 .(2) The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
The Minister may, by written instrument, appoint a person to act as the Commissioner:
(a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Commissioner:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the
Acts Interpretation Act 1901 .
(1) The Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is specified in the rules.
(2) The Commissioner is to be paid the allowances that are specified in the rules.
(3) This section has effect subject to the
Remuneration Tribunal Act 1973 .
(1) The Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Minister may grant the Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
The Commissioner must not engage in paid work outside the duties of the Commissioner’s office without the Minister’s approval.
The Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined, in writing, by the Minister.
(1) The Commissioner may resign the Commissioner’s appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
(1) The Minister may terminate the appointment of the Commissioner:
(a) for misbehaviour; or
(b) if the Commissioner is unable to perform the duties of the office because of physical or mental incapacity.
(2) The Minister may terminate the appointment of the Commissioner if:
(a) the Commissioner:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with the Commissioner’s creditors; or
(iv) makes an assignment of the Commissioner’s remuneration for the benefit of the Commissioner’s creditors; or
(b) the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the Commissioner engages, except with the Minister’s approval, in paid work outside the duties of the Commissioner’s office (see section 28); or
(d) fails, without reasonable excuse, to comply with section 29 of the
Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
The staff of the Commission are to be persons engaged under the
Public Service Act 1999 .The Commissioner may also be assisted by certain other officers and employees.
The Commissioner may engage consultants to assist in the performance of the Commissioner’s functions.
(1) The staff of the Commission are to be persons engaged under the
Public Service Act 1999 .(2) For the purposes of the
Public Service Act 1999 :
(a) the Commissioner and the staff of the Commission together constitute a Statutory Agency; and
(b) the Commissioner is the Head of that Statutory Agency.
(1) The Commissioner may also be assisted by:
(a) officers and employees of Agencies (within the meaning of the
Public Service Act 1999 ), and of authorities of the Commonwealth, whose services are made available to the Commissioner in connection with the performance of any of the Commissioner’s functions; and(b) persons whose services are made available under arrangements made under subsection (2).
(2) The Commissioner may, on behalf of the Commonwealth, make an arrangement with the appropriate authority or officer of:
(a) a State or Territory government; or
(b) a State or Territory government authority;
under which the government or authority makes officers or employees available to the Commissioner to perform services in connection with the performance of any of the Commissioner’s functions.
(3) An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State or Territory with respect to the services of a person or persons to whom the arrangement relates.
(4) When performing services for the Commissioner under this section, a person is subject to the directions of the Commissioner.
(1) The Commissioner may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Commissioner’s functions.
(2) The consultants are to be engaged on the terms and conditions that the Commissioner determines in writing.
The Commissioner must, in writing, appoint a person who is a member of the staff of the Commission, or a consultant engaged under section 35, as the Chief Clinical Advisor to assist the Commissioner in the performance of the Commissioner’s functions.
This Part establishes the Advisory Council. It has the functions of providing:
(a) on its own initiative or on request, advice to the Commissioner in relation to the Commissioner’s functions; and
(b) on request, advice to the Minister about matters arising in relation to the performance of those functions.
The Advisory Council is to consist of a Chair and at least 6, but not more than 10, other members. The members are to be appointed by the Minister and must have substantial experience or knowledge in a specified field.
The Minister may give written directions to the Advisory Council about the performance of its functions or the procedures to be followed in relation to its meetings.
The Aged Care Quality and Safety Advisory Council is established by this section.
The functions of the Advisory Council are:
(a) on its own initiative or at the request of the Commissioner, to provide advice to the Commissioner in relation to the Commissioner’s functions; and
(b) at the request of the Minister, to provide advice to the Minister about matters arising in relation to the performance of the Commissioner’s functions.
(1) The Minister may, by legislative instrument, give written directions to the Advisory Council about the performance of the Advisory Council’s functions.
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).(2) A direction given by the Minister under subsection (1):
(a) must be of a general nature only; and
(b) must not relate to a particular aged care consumer, approved provider or service provider of a Commonwealth‑funded aged care service.
(3) The Advisory Council must comply with a direction under subsection (1).
The Advisory Council consists of the following members:
(a) a Chair;
(b) at least 6, and not more than 10, other members.
(1) Each Advisory Council member is to be appointed by the Minister by written instrument, on a part‑time basis.
Note: An Advisory Council member may be reappointed: see section 33AA of the
Acts Interpretation Act 1901 .(2) An Advisory Council member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
(3) A person is not eligible for appointment to the Advisory Council unless the Minister is satisfied that the person has substantial experience or knowledge in at least one of the following fields:
(a) evaluation of quality management systems;
(b) provision of care and services to aged care consumers, including provision of care and services to people with special needs;
(c) issues affecting aged care consumers or their representatives;
(d) geriatrics;
(e) gerontology;
(f) aged care nursing;
(g) psychiatry of the older person;
(h) adult education;
(i) public administration;
(j) management, including human resources management and information and data management;
(k) law;
(l) health consumer issues;
(m) any other appropriate field of expertise.
Chair
(1) The Minister may appoint a person to act as the Chair:
(a) during a vacancy in the office of the Chair (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chair:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Other Advisory Council members
(2) The Minister may appoint a person to act as an Advisory Council member (other than the Chair):
(a) during a vacancy in the office of an Advisory Council member (other than the Chair), whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when an Advisory Council member (other than the Chair):
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Eligibility
(3) A person is not eligible for appointment under subsection (1) or (2) unless the person is eligible for appointment as an Advisory Council member.
Note 1: For eligibility to be appointed as an Advisory Council member, see subsection 41(3).
Note 2: For rules that apply to acting appointments, see sections 33AB and 33A of the
Acts Interpretation Act 1901 .
(1) An Advisory Council member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is specified in the rules.
(2) However, an Advisory Council member is not entitled to be paid remuneration if the member holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:
(a) a State; or
(b) a corporation (a
public statutory corporation ) that:
(i) is established for a public purpose by a law of a State; and
(ii) is not a tertiary education institution; or
(c) a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or
(d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.
Note: A similar rule applies to an Advisory Council member who has a similar relationship with the Commonwealth or a Territory: see subsection 7(11) of the
Remuneration Tribunal Act 1973 .(3) An Advisory Council member is to be paid the allowances that are specified in the rules.
(4) This section (other than subsection (2)) has effect subject to the
Remuneration Tribunal Act 1973 .
(1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.
(2) The Chair may grant leave of absence to another Advisory Council member on the terms and conditions that the Chair determines.
An Advisory Council member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member’s functions.
(1) An Advisory Council member who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by the Advisory Council must disclose the nature of the interest to a meeting of the Advisory Council.
(2) The disclosure must be made as soon as possible after the relevant facts have come to the Advisory Council member’s knowledge.
(3) The disclosure must be recorded in the minutes of the meeting of the Advisory Council.
(4) Unless the Advisory Council otherwise determines, the Advisory Council member:
(a) must not be present during any deliberation by the Advisory Council on the matter; and
(b) must not take part in any decision of the Advisory Council with respect to the matter.
(5) For the purposes of making a determination under subsection (4), the Advisory Council member:
(a) must not be present during any deliberation of the Advisory Council for the purpose of making the determination; and
(b) must not take part in making the determination.
(6) A determination under subsection (4) must be recorded in the minutes of the meeting of the Advisory Council.
(1) An Advisory Council member may resign the member’s appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
(1) The Minister may terminate the appointment of an Advisory Council member:
(a) for misbehaviour; or
(b) if the Advisory Council member is unable to perform the duties of the office because of physical or mental incapacity.
(2) The Minister may terminate the appointment of the Advisory Council member if:
(a) the Advisory Council member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with the member’s creditors; or
(iv) makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or
(b) the Advisory Council member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Council; or
(c) fails, without reasonable excuse, to comply with section 45 or 46 (which deal with the disclosure of interests).
An Advisory Council member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined, in writing, by the Minister.
(1) The Minister may give the Advisory Council written directions about the procedures to be followed in relation to meetings of the Advisory Council.
(2) A direction given under subsection (1) is not a legislative instrument.
This Part makes provision in relation to the annual report and corporate plan for the Commission.
The Commissioner is also required to give the Minister an annual operational plan that meets the requirements of this Part.
The annual report prepared by the Commissioner and given to the Minister under section 46 of the
Public Governance, Performance and Accountability Act 2013 for a period must include:
(a) an assessment of the extent to which the Commission’s operations during the period have contributed to the priorities set out in the annual operational plan for the period; and
(b) particulars of any variations of the annual operational plan during the period; and
(c) an evaluation of the Commission’s overall performance during the period against the performance indicators set out in the annual operational plan for the period; and
(d) information about sanctions imposed under Part 7B for non‑compliance with aged care responsibilities, including the nature of the non‑compliance and the sanctions imposed.
In preparing a corporate plan under section 35 of the
Public Governance, Performance and Accountability Act 2013 , the Commissioner must consult the Minister and the Advisory Council.
(1) The Commissioner must give the Minister a written annual operational plan for:
(a) the period beginning on the day this Act commences and ending on 30 June 2019; and
(b) the financial year starting on 1 July 2019 and each later financial year.
(2) The plan must:
(a) set out particulars of the action that the Commissioner intends to take during the period to give effect to, or further, the objectives set out in the plan; and
(b) set out the Commissioner’s priorities for work to be undertaken during the period; and
(c) set out how the Commissioner will apply the resources of the Commission to achieve those objectives; and
(d) include an assessment of risks faced by the Commission for the period together with a plan to manage those risks; and
(e) include such performance indicators as the Commissioner considers appropriate for assessing the performance of the Commissioner during the period.
(3) In preparing the plan, the Commissioner must consult the Minister and the Advisory Council.
(4) The plan is not a legislative instrument.
Certain information must be shared by the Commissioner and Secretary for the purposes of their functions or powers. The Commissioner may also be required by the Minister to prepare reports, or give information, about matters relating to the performance of the Commissioner’s functions.
The Commissioner may make specified information about an aged care service publicly available but that information must not include personal information.
Information acquired under, or for the purposes of, this Act or the rules will be protected information under this Act if the information:
(a) is personal information; or
(b) relates to the affairs of an approved provider or service provider of a Commonwealth‑funded aged care service.
A person must not make a record of, or use or disclose, protected information except in accordance with Division 4 of this Part. The Commissioner is permitted to disclose protected information in certain circumstances.
(1) The Commissioner must, in circumstances specified in the rules, give information of a kind specified in the rules to the Secretary for the purposes of the Secretary’s functions or powers.
(2) If:
(a) the Secretary requests the Commissioner to give the Secretary information that the Secretary requires for the purposes of the Secretary’s functions or powers; and
(b) the information is available to the Commissioner;
the Commissioner must give the information to the Secretary.
(3) Subsection (1) does not limit the information that the Secretary may request under subsection (2).
If:
(a) the Commissioner requests the Secretary to give the Commissioner information that the Commissioner requires for the purposes of the Commissioner’s functions or powers; and
(b) the information is available to the Secretary;
the Secretary must give the information to the Commissioner.
Reports
(1) The Minister may, by written notice given to the Commissioner, require the Commissioner to:
(a) prepare a report about one or more specified matters relating to the performance of the Commissioner’s functions; and
(b) give the report to the Minister within the period specified in the notice.
Information
(2) The Minister may, by written notice given to the Commissioner, require the Commissioner to:
(a) prepare a document setting out specified information relating to the performance of the Commissioner’s functions; and
(b) give the document to the Minister within the period specified in the notice.
Compliance
(3) The Commissioner must comply with a requirement under subsection (1) or (2).
Publication of reports and documents
(4) The Minister may publish (whether on the internet or otherwise):
(a) a report given to the Minister under subsection (1); or
(b) a document given to the Minister under subsection (2).
It is also a purpose of the NDIS worker screening database under subsection 181Y(3) of the
National Disability Insurance Scheme Act 2013 to share information in that database with the following:
(a) the Commissioner, for the purpose of assisting in the performance of the functions, or the exercise of the powers, of the Commissioner;
(b) the Secretary, for the purpose of assisting in the performance of the functions, or the exercise of the powers, of the Secretary under the Aged Care Act.
(1) The Commissioner may make publicly available the following information about an aged care service:
(a) the name and address of the service;
(b) the number of places (if any) included in the service;
(ba) if the service is a home care service—the number of care recipients provided with care through the service;
(c) the services provided by the service;
(d) the facilities and activities available to care recipients receiving care through the service;
(e) the name of the approved provider of the service;
(f) information about the variety and type of service provided by the approved provider;
(g) information about the service’s status under this Act or the Aged Care Act(for example, the service’s accreditation record);
(h) information about the approved provider’s performance in relation to the provider’s responsibilities under this Act or the Aged Care Act;
(i) any action taken, or intended to be taken, under this Act or the rules to protect the welfare of care recipients receiving care through the service, and the reasons for that action;
(j) any other information of a kind specified in the rules for the purposes of this paragraph.
(2) Information disclosed under subsection (1) must not include personal information.
(1) The Commissioner may make publicly available the following information about a Commonwealth‑funded aged care service:
(a) the name and address of the service;
(b) the number of persons who are recipients of the service;
(c) the services provided by the service;
(d) the facilities and activities available to persons who are recipients of the service;
(e) the name of the service provider of the service;
(f) information about the variety and type of service provided by the service provider;
(g) information about the service provider’s performance in relation to the provider’s responsibilities under the funding agreement that relates to the service;
(h) any action taken, or intended to be taken, under this Act or the rules to protect the welfare of persons who are recipients of the service, and the reasons for that action;
(i) any other information of a kind specified in the rules for the purposes of this paragraph.
(2) Information disclosed under subsection (1) must not include personal information.
Offence
(1) A person commits an offence if:
(a) the person obtains information in the course of performing functions, or exercising powers, under or for the purposes of this Act or the rules; and
(b) the information is protected information; and
(c) the person:
(i) makes a record of the information; or
(ii) uses the information; or
(iii) discloses the information to another person.
Penalty: Imprisonment for 2 years.
(2)
Protected information is information acquired under, or for the purposes of, this Act or the rules that:
(a) is personal information; or
(b) relates to the affairs of an approved provider or a service provider of a Commonwealth‑funded aged care service; or
(c) relates to the affairs of an applicant for approval under section 63B.
Exceptions
(3) Subsection (1) does not apply if:
(a) the person makes the record of, or uses or discloses, the information in the course of performing functions, or exercising powers, under or in relation to:
(i) this Act or the rules; or
(ii) the Aged Care Act or the Aged Care Principles; or
(b) the conduct is authorised by the person or body to whom the information relates; or
(c) the conduct is otherwise authorised under this Act, the rules or any other Act.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the
Criminal Code ).(4) Subsection (1) does not apply to a disclosure of information if:
(a) the disclosure is to the person or body to whom the information relates; or
(b) the disclosure is to the Minister or the Secretary.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the
Criminal Code ).
(1) The Commissioner may disclose protected information:
(a) if the Commissioner determines, in writing, that it is necessary in the public interest to disclose the information in a particular case—to such persons and for such purposes as the Commissioner determines; or
(b) to a person who is, in the opinion of the Commissioner, expressly or impliedly authorised by the person or body to whom the information relates to obtain it; or
(ba) to the Inspector‑General of Aged Care to assist in the performance of the functions, or the exercise of the powers, of the Inspector‑General of Aged Care under the
Inspector‑General of Aged Care Act 2023 or instruments made under that Act; or(c) to the Secretary to assist in the performance of the functions, or the exercise of the powers, of the Secretary; or
(d) to the Chief Executive Medicare for the purposes of payment of subsidies under the Aged Care Act; or
(da) if the Commissioner believes, on reasonable grounds, that the information will assist in the performance of the functions, or the exercise of the powers, of a receiving Commonwealth body—to that body for the purposes of performing those functions or exercising those powers; or
(e) if the Commissioner believes, on reasonable grounds, that the disclosure is necessary to prevent or lessen a serious risk to the safety, health or well‑being of an aged care consumer—to such persons as the Commissioner determines, for the purpose of preventing or lessening the risk; or
(f) if the Commissioner believes, on reasonable grounds, that:
(i) a person’s conduct breaches, or may breach, the standards of professional conduct of a profession of which the person is a member; and
(ii) the person should be reported to a body responsible for standards of conduct in the profession;
to that body, for the purposes of maintaining standards of professional conduct in the profession; or
(g) if a person has temporarily taken over the provision of care through a particular service to aged care consumers—to the person for the purposes of enabling the person to properly provide that care; or
(ga) if an approved provider has appointed an eligible adviser as required by a notice given to the provider under section 63U—to the eligible adviser for the purposes of that appointment; or
(h) if the Commissioner believes, on reasonable grounds, that disclosure of the information is necessary for:
(i) the enforcement of the criminal law; or
(ii) the enforcement of a law imposing a pecuniary penalty; or
(iii) the protection of the public revenue;
to an agency whose functions include that enforcement or protection, for the purposes of that enforcement or protection; or
(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(ia) if:
(i) under a law of a State or Territory, a person or body has the function, or functions that include the function, of dealing with complaints or information about the provision of health or community services by a person or body; and
(ii) the Commissioner believes, on reasonable grounds, that the information will assist in the performance of that function;
to the person or body for the purposes of performing that function; or
(ib) if:
(i) a person or body performs functions or exercises powers under, or for the purposes of, an NDIS worker screening law (within the meaning of the
National Disability Insurance Scheme Act 2013 ); and(ii) the Commissioner believes, on reasonable grounds, that the information will assist in the performance of those functions or the exercise of those powers;
to the person or body for the purposes of performing those functions or exercising those powers; or
(j) to a person of a kind specified in the rules, for the purposes specified in the rules in relation to persons of that kind.
(2) If a determination under paragraph (1)(a) or (e) is made in writing, the determination is not a legislative instrument.
(3) In this section:
receiving Commonwealth body means any of the following:
(a) the Military Rehabilitation and Compensation Commission;
(b) the National Disability Insurance Scheme Launch Transition Agency;
(c) the NDIS Quality and Safeguards Commission;
(d) the Repatriation Commission;
(e) the Department administered by the Minister administering the
Disability Services and Inclusion Act 2023 ;(f) the Department administered by the Minister administering the
Veterans’ Entitlements Act 1986 ;(g) if:
(i) another Department of State, or another authority, of the Commonwealth has regulatory, compliance or enforcement functions in relation to the provision of care, support, treatment or other related services or assistance (including care, support, treatment or other related services or assistance provided through an arrangement, including a contractual arrangement); and
(ii) the Department or authority is prescribed in the rules;
that Department or authority.
Repatriation Commission means the Repatriation Commission continued in existence by section 179 of theVeterans’ Entitlements Act 1986 .
A person commits an offence if:
(a) the person makes a record of, or uses or discloses, information; and
(b) the information is information that was disclosed to the person under section 61; and
(c) the purpose for which the person makes the record of, or uses or discloses, the information is not the purpose for which the information was disclosed under that section.
Penalty: Imprisonment for 2 years.
A court, or any other body or person that has power to require the production of documents or the answering of questions, may require a person or body to disclose protected information only if one of the following applies:
(a) the disclosure is required for the purposes of:
(i) this Act or the rules; or
(ii) the Aged Care Act or the Aged Care Principles;
(b) the information was originally disclosed to the person or body under section 61 of this Act and the disclosure is required for the purpose for which it was disclosed under that section;
(c) the person or body to whom the information relates has consented, in writing, to the disclosure.
(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.
Division 2 of this Part deals with approving providers of aged care. For when a State or Territory, a State or Territory authority or a local government authority is taken to be an approved provider of aged care, see Division 3 of this Part.
Division 4 of this Part deals with the cessation and revocation of an approval to be a provider of aged care. An approval may be revoked by the Commissioner under Division 4 of this Part or Part 7B. An approval ceases to have effect when the approval is revoked or, if the approval of the provider is suspended for a particular period under Part 7B, during the period of the suspension.
(1) A person may apply to the Commissioner to be approved as a provider of aged care.
(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; and
(d) be accompanied by any fee specified by the Commissioner.
(3) The person may, in writing, withdraw the application at any time before the Commissioner makes a decision on the application.
(1) If:
(a) a person makes an application under subsection 63B(1); and
(b) the Commissioner needs further information to make a decision on the application;
the Commissioner may, by written notice, request the person to give further information to the Commissioner within a specified period.
(2) The specified period must not be shorter than 28 days after the notice is given.
(3) However, the specified period may be shorter than 28 days after the notice is given if the circumstances specified in the rules apply in relation to the application.
(4) The Commissioner may, at the person’s request, extend the specified period.
(5) If the person does not give the requested further information within:
(a) if the specified period has been extended under subsection (4)—the period as so extended; or
(b) otherwise—the specified period;
the application is taken to be withdrawn at the end of the period.
Note: If the application is taken to be withdrawn under this subsection, the person may make another application under section 63B.
(6) A notice given under subsection (1) must set out the effect of subsection (5).
(1) If a person makes an application under subsection 63B(1), the Commissioner must decide whether to approve the person as a provider of aged care within:
(a) if a request for further information in relation to the application has been made under subsection 63C(1)—90 days after receiving the further information; or
(b) otherwise—within 90 days after receiving the application.
Note: See Part 8B for the reconsideration of a decision not to approve a person as a provider of aged care.
Approval as provider of aged care
(2) The Commissioner must not approve the person as a provider of aged care unless the Commissioner is satisfied that:
(a) the person is a corporation; and
(b) the person is suitable to provide aged care; and
(c) each individual who is one of the key personnel of the person is suitable to be involved in the provision of aged care.
Suitability to provide aged care
(3) In deciding whether the person is suitable to provide aged care, the Commissioner must consider the following matters:
(a) the person’s experience in providing, at any time, aged care or other relevant forms of care;
(b) the person’s demonstrated understanding of the person’s responsibilities as a provider of the type of aged care for which approval is sought;
(c) the systems that the person has, or proposes to have, in place to meet the person’s responsibilities as a provider of the type of aged care for which approval is sought;
(d) the person’s record of financial management and the methods that the person uses, or proposes to use, in order to ensure sound financial management;
(e) if, at any time, the person has been a provider of aged care or other relevant forms of care—the person’s conduct as such a provider and the person’s compliance with:
(i) the person’s responsibilities as a provider of that care; and
(ii) the person’s obligations arising from the receipt of any payments from the Commonwealth for providing that care;
(ea) whether the person has at any time been convicted of an indictable offence;
(eb) whether a civil penalty order against the person has been made at any time;
(f) any other matters specified in the rules.
(4) In considering a matter referred to in paragraph (3)(a), (b), (d), (e) or (f), the Commissioner may also consider the matter in relation to any or all of the key personnel of the person.
(5) The rules may specify the matters to which the Commissioner must have regard in considering any of the matters set out in paragraphs (3)(a) to (f).
(6) Subsection (3) does not limit the matters the Commissioner may consider in deciding whether the person is suitable to provide aged care.
Suitability of key personnel
(7) In deciding whether an individual who is one of the key personnel of the applicant is suitable to be involved in the provision of aged care, the Commissioner must consider the suitability matters in relation to the individual.
(8) Subsection (7) does not limit the matters the Commissioner may consider in deciding the matter mentioned in that subsection.
Decision to approve person as a provider of aged care
(1) If the Commissioner decides to approve the person as a provider of aged care under section 63D, the Commissioner must, within 14 days after making the decision, give written notice of the following to the person:
(a) the decision;
(b) the day the approval comes into effect;
(c) whether the approval is given in respect of all types of aged care or only in respect of a certain type or types of aged care;
(d) if the approval is in respect of residential care or flexible care—that the approval is in respect of each residential care service or flexible care service in respect of which:
(i) an allocation of a place to the person in respect of the service is in effect under Part 2.2 of the Aged Care Act (including a place transferred to the person under that Part); or
(ii) a provisional allocation of a place to the person in respect of the service is in force under that Part (including a place transferred to the person under that Part);
(e) if the approval is in respect of home care—that the approval is in respect of each home care service in relation to which the person notifies the Secretary of the information required by section 9‑1A of the Aged Care Act;
(f) if the Commissioner is satisfied that there are one or more circumstances that materially affect the person’s suitability to provide aged care—those circumstances and the steps the person must take to notify the Commissioner and obtain the Commissioner’s agreement before there is any change to those circumstances.
(2) The notice must also set out the following matters:
(a) the obligations of approved providers under Division 9 of the Aged Care Act to notify of, or give, certain information;
(b) the circumstances in which the approval may be suspended or revoked under Division 4 of this Part, or Part 7B, of this Act;
(c) the circumstances in which the approval may be restricted under Part 7B of this Act and the effect of section 7‑2 of the Aged Care Act.
Note: Under Part 7B of this Act, the Commissioner may restrict a person’s approval as a provider of aged care to certain aged care services or to certain care recipients.
Decision not to approve person as provider of aged care
(3) If the Commissioner decides not to approve the person as a provider of aged care under section 63D, the Commissioner must, within 14 days after making the decision, give written notice of the following to the person:
(a) the decision;
(b) the reasons for the decision;
(c) how the person may apply for the reconsideration of the decision.
Secretary must be given copy of notice
(4) The Commissioner must, as soon as is practicable, give the Secretary a copy of a notice given under subsection (1) or (3).
(1) Subject to subsection (3), a person or body of the following kind (the
entity ) may give the Commissioner a written notice requesting that this section applies in relation to the entity:
(a) a State or Territory;
(b) a State or Territory authority;
(c) a local government authority.
(2) If the entity gives the Commissioner a notice under subsection (1), each of the following apply for the purposes of this Act, the rules, the Aged Care Act and the Aged Care Principles:
(a) the entity is taken to be an approved provider;
(b) the approval of the entity is taken to come into effect on the first day after the day the notice is received by the Commissioner;
(c) the approval of the entity is taken to be in respect of:
(i) all types of aged care; and
(ii) all types of aged care services that are provided, or will be provided, by the entity.
Note: As the entity is an approved provider, the entity’s approval may be suspended or revoked under Division 4 of this Part, or Part 7B, of this Act.
(3) If:
(a) an entity is taken to be an approved provider under paragraph (2)(a); and
(b) the approval of the entity is revoked under Division 4 of this Part or Part 7B;
then:
(c) the entity is not permitted to give the Commissioner another notice under subsection (1); and
(d) if the entity subsequently applies under section 63B for approval as a provider of aged care—the entity is taken, for the purposes of the application, to be a corporation.
Suspension of approval
(1) If the approval of an approved provider is suspended for a particular period under Part 7B, the approval does not have effect during the period.
Revocation of approval
(2) The approval of an approved provider ceases to have effect if the approval is revoked under this Division or Part 7B.
Request for revocation
(1) An approved provider may request the Commissioner to revoke the approval of the provider.
(2) The request 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; and
(d) be accompanied by any fee specified by the Commissioner; and
(e) specify the day (the
revocation day ) on which the revocation is to take effect; and(f) be made at least 60 days, or such other number of days as specified in the rules, before the revocation day.
Revocation of approval
(3) If an approved provider makes a request under subsection (1), the Commissioner must, within 28 days after the request is made, revoke the approval of the provider if the Commissioner is satisfied that:
(a) if the provider provides a residential care service or flexible care service—the allocation of places to the provider in respect of the service either:
(i) has ceased to have effect under paragraph 18‑1(1)(a) or (b) of the Aged Care Act; or
(ii) will cease to have effect under that paragraph before the revocation day; and
(b) if the provider provides a home care service—appropriate arrangements have been made to ensure that the care recipients (if any) to whom the provider will no longer be approved to provide home care after the revocation day will continue to be provided with care after that day.
Notification of revocation decision
(4) If the Commissioner decides to revoke the approval of the approved provider under subsection (3), the Commissioner must give the provider written notice of the decision and the revocation day.
(5) The notice under subsection (4) must be given at least 14 days before the revocation day.
(6) If the Commissioner decides not to revoke the approval of the approved provider under subsection (3), the Commissioner must, within 14 days after making the decision, give written notice of the following to the provider:
(a) the decision;
(b) the reasons for the decision;
(c) how the provider may apply for reconsideration of the decision.
(7) The Commissioner must, as soon as is practicable, give the Secretary a copy of a notice given under subsection (4) or (6).
Revocation of actual approval
(1) If an approved provider was approved under section 63D, the Commissioner must revoke the approval of the provider if the Commissioner is satisfied that:
(a) in a case in which the provider was, or was taken to be, a corporation at the time of the approval—the provider has ceased to be a corporation; or
(b) the provider has ceased to be suitable to provide aged care; or
(c) the provider’s application for approval contained information that was false or misleading in a material particular.
Note: The approved provider may request the Commissioner to reconsider the decision under Part 8B.
Revocation of deemed approval
(2) If a person or body is taken, under section 63F, to be an approved provider, the Commissioner must revoke the approval of the person or body if the Commissioner is satisfied that the person or body is not suitable to provide aged care.
Note: The person or body may request the Commissioner to reconsider the decision under Part 8B.
Suitability to provide aged care
(3) In deciding whether a person or body (the
entity ) has ceased to be, or is not, suitable to provide aged care, the Commissioner must consider the following matters:
(a) the entity’s experience in providing, at any time, aged care or other relevant forms of care;
(b) the entity’s demonstrated understanding of the entity’s responsibilities as a provider of the type of aged care to which the entity’s approval relates;
(c) the systems that the entity has in place to meet the entity’s responsibilities as a provider of the type of aged care to which the entity’s approval relates;
(d) the entity’s record of financial management and the methods that the entity uses in order to ensure sound financial management;
(e) if, at any time, the entity has been a provider of aged care or other relevant forms of care—the entity’s conduct as such a provider and the entity’s compliance with:
(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.
(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 Review 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.
This Part deals with the reconsideration and review of certain decisions made under this Act.
A decision by the Commissioner referred to in column 1 of an item of the following table is a
reviewable decision . A person or body referred to in column 2 of the item is theaffected person for the decision.
1 | A decision under section 63D not to approve a person or body as a provider of aged care | The person or body |
2 | A decision under section 63H not to revoke the approval of an approved provider | The approved provider |
3 | A decision under section 63J to revoke the approval of a person or body as a provider of aged care | A person whose interests are affected by the decision |
4 | A decision under section 63N to impose a sanction on a person or body | A person whose interests are affected by the decision |
5 | A decision under section 63X not to lift a sanction imposed on an approved provider under section 63N | A person whose interests are affected by the decision |
6 | A decision under section 74EE to give a compliance notice to an approved provider | A person whose interests are affected by the decision |
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 |
7 | A decision to make a determination under subsection 10A‑2(1) of the Aged Care Act in relation to an individual who is one of the key personnel of an approved provider | The individual or approved provider |
8 | A decision not to make a determination under subsection 63‑1E(3) of the Aged Care Act in relation to an approved provider | The approved provider |
9 | A decision under subsection 63‑1F(1) of the Aged Care Act to vary or revoke a determination made under subsection 63‑1E(3) in relation to an approved provider | The approved provider |
(1) An affected person for a reviewable decision may request the Commissioner to reconsider the decision.
(2) The request must:
(a) be made in writing; and
(b) set out the reasons for the request; and
(c) be given to the Commissioner within 14 days after the affected person is notified of the reviewable decision.
(1) If a request is made under section 74K by an affected person for a reviewable decision, the Commissioner must:
(a) personally reconsider the decision; or
(b) cause the decision to be reconsidered by a delegate of the Commissioner who:
(i) was not involved in making the decision; and
(ii) occupies a position that is at least the same level as that occupied by the person who made the decision.
(2) After reconsidering the reviewable decision, the internal decision reviewer must:
(a) affirm the decision; or
(b) vary the decision; or
(c) set the decision aside and substitute a new decision.
(3) After the internal decision reviewer makes the reconsideration decision, the reviewer must give written notice of the following to the affected person for the reviewable decision:
(a) the reconsideration decision;
(b) the date that decision takes effect;
(c) the reason for that decision.
Note: Section 266 of the
Administrative Review Tribunal Act 2024 requires the affected person to be notified of the person’s review rights.(4) The internal decision reviewer is taken to have affirmed the reviewable decision if the reviewer does not give notice of the reconsideration decision to the affected person within 90 days after receiving the person’s request.
(5) The reconsideration decision is taken to have been made under the provision under which the reviewable decision was made other than for the purposes of section 74J.
(6) The Commissioner must, as soon as is practicable, give the Secretary a copy of a notice given under subsection (3).
(1) Either of the following persons may reconsider a reviewable decision if satisfied that there is sufficient reason to do so:
(a) the Commissioner personally;
(b) a delegate of the Commissioner who:
(i) was not involved in making the decision; and
(ii) occupies a position that is at least the same level as that occupied by the person who made the decision.
(2) If an internal decision reviewer decides under subsection (1) to reconsider a reviewable decision, the internal decision reviewer must give written notice to the affected person for the decision that the decision is to be reconsidered.
(3) After reconsidering the reviewable decision, the internal decision reviewer must:
(a) affirm the decision; or
(b) vary the decision; or
(c) set the decision aside and substitute a new decision.
(4) After the internal decision reviewer makes the reconsideration decision, the reviewer must, within 90 days after the commencement of the reconsideration, give written notice of the following to the affected person for the reviewable decision:
(a) the reconsideration decision;
(b) the date that decision takes effect;
(c) the reason for that decision.
Note: Section 266 of the
Administrative Review Tribunal Act 2024 requires the affected person to be notified of the person’s review rights.(5) The reconsideration decision is taken to have been made under the provision under which the reviewable decision was made other than for the purposes of section 74J.
(6) The Commissioner must, as soon as is practicable, give the Secretary a copy of a notice given under subsection (4).
Applications may be made to the Administrative Review Tribunal for review of a reconsideration decision of an internal decision reviewer.
This Part deals with miscellaneous matters such as the appointment of authorised officers, delegations and the making of rules.
(1) The Commissioner may, in writing, appoint a person who is a member of the staff of the Commission as an authorised officer for either or both of the following purposes:
(a) the purposes of this Act;
(b) the purposes of the rules.
(2) The Commissioner must not appoint a person as an authorised officer under subsection (1) unless the Commissioner is satisfied that the person has suitable training or experience to properly perform the functions, or exercise the powers, of an authorised officer.
(3) An authorised officer must, in performing the officer’s functions or exercising the officer’s powers, comply with any directions of the Commissioner.
(4) If a direction is given under subsection (3) in writing, the direction is not a legislative instrument.
(1) The Commissioner may, in writing, delegate to a member of the staff of the Commission all or any of the Commissioner’s functions or powers under this Act (other than Part 7B) or the rules.
(1A) The Commissioner may, in writing, delegate to the following all or any of the Commissioner’s functions or powers under Part 7B:
(a) a member of the staff of the Commission;
(b) an APS employee in the Department.
(1B) However, the Commissioner must not delegate a function or power to a person under subsection (1) or (1A) unless the Commissioner is satisfied that the person has suitable training or experience to properly perform the function or exercise the power.
(2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Commissioner.
Note: Sections 34AA to 34A of the
Acts Interpretation Act 1901 contain provisions relating to delegations.
(1) The Minister must cause an independent review of the operation of this Act and the rules to be conducted within 6 months after the fifth anniversary of the commencement of this Act.
(2) The persons who conduct the review must give the Minister a written report of the review.
(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.
(1) The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Act to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(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 Act.
(3) Despite subsection 14(2) of the
Legislation Act 2003 , the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or other writing as in force or existing from time to time.
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
The abbreviation key sets out abbreviations that may be used in the endnotes.
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.
The
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.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
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 = | Sch = Schedule(s) |
LIA = | 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 | |
No. = Number(s) | commenced or to be commenced |
Aged Care Quality and Safety Commission Act 2018 | 149, 2018 | 10 Dec 2018 | 1 Jan 2019 (s 2(1) item 1) | |
Aged Care Legislation Amendment (New Commissioner Functions) Act 2019 | 116, 2019 | 11 Dec 2019 | Sch 1 (items 55–64), Sch 2 (items 39–91), Sch 3 (items 2–6) and Sch 4: 1 Jan 2020 (s 2(1) item 2) | Sch 4 |
Aged Care Legislation Amendment (Serious Incident Response Scheme and Other Measures) Act 2021 | 9, 2021 | 1 Mar 2021 | Sch 1 (items 3, 13–15) and Sch 2 (items 1–3, 6–12): 1 Apr 2021 (s 2(1) item 2) Sch 3: 1 Sept 2021 (s 2(1) item 3) | Sch 1 (items 14, 15) and Sch 2 (item 12) |
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 | 13, 2021 | 1 Mar 2021 | Sch 4 (item 2): 1 Sept 2021 (s 2(1) item 6) | — |
Aged Care and Other Legislation Amendment (Royal Commission Response No. 1) Act 2021 | 57, 2021 | 28 June 2021 | Sch 1 (items 5–10): 1 July 2021 (s 2(1) item 2) | — |
Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022 | 34, 2022 | 5 Aug 2022 | Sch 3 (items 3–27) and Sch 5 (items 19–34, 39, 40): 1 Dec 2022 (s 2(1) items 4, 7) Sch 4 (items 10–16), Sch 6 (items 4–8, 19) and Sch 7 (item 14): 6 Aug 2022 (s 2(1) items 6, 8, 9) Sch 8 (items 119–122, 134): 12 Aug 2022 (s 2(1) item 10) | Sch 4 (item 16), Sch 5 (items 34, 39, 40), Sch 6 (item 19) and Sch 8 (items 122, 134) |
Inspector‑General of Aged Care (Consequential and Transitional Provisions) Act 2023 | 56, 2023 | 17 Aug 2023 | Sch 1 (items 3, 4): 16 Oct 2023 (s 2(1) item 1) | — |
Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Act 2023 | 103, 2023 | 28 Nov 2023 | Sch 2 (item 2): 1 Jan 2024 (s 2(1) item 2) | — |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 | 39, 2024 | 31 May 2024 | Sch 9 (items 1–5): 14 Oct 2024 (s 2(1) item 2) | — |
s 5............................................. | am No 116, 2019 |
s 6............................................. | am No 116, 2019; No 34, 2022 |
s 7............................................. | am No 116, 2019; No 9, 2021; No 57, 2021; No 34, 2022; No 56, 2023 |
s 8A........................................... | ad No 116, 2019 |
rep No 34, 2022 | |
s 8B........................................... | ad No 116, 2019 |
s 8C........................................... | ad No 34, 2022 |
am No 34, 2022 | |
s 14............................................ | am No 116, 2019; No 34, 2022 |
s 16............................................ | am No 116, 2019; No 34, 2022 |
s 18A......................................... | ad No 34, 2022 |
s 21............................................ | am No 9, 2021; No 34, 2022 |
ed C5 | |
s 52............................................ | am No 116, 2019 |
s 58A......................................... | ad No 34, 2022 |
s 60............................................ | am No 116, 2019 |
s 61............................................ | am No 116, 2019 |
ed C1 | |
am No 34, 2022; No 56, 2023; No 103, 2023 | |
Division 5.................................. | ad No 34, 2022 |
s 63AA...................................... | ad No 34, 2022 |
Part 7A...................................... | ad No 116, 2019 |
s 63A......................................... | ad No 116, 2019 |
s 63B......................................... | ad No 116, 2019 |
s 63C......................................... | ad No 116, 2019 |
s 63D......................................... | ad No 116, 2019 |
am No 34, 2022 | |
s 63E......................................... | ad No 116, 2019 |
s 63F.......................................... | ad No 116, 2019 |
s 63G......................................... | ad No 116, 2019 |
s 63H......................................... | ad No 116, 2019 |
s 63J.......................................... | ad No 116, 2019 |
am No 34, 2022 | |
s 63K......................................... | ad No 116, 2019 |
s 63L......................................... | ad No 116, 2019 |
Part 7B....................................... | ad No 116, 2019 |
s 63M........................................ | ad No 116, 2019 |
s 63N......................................... | ad No 116, 2019 |
am No 9, 2021 | |
s 63P.......................................... | ad No 116, 2019 |
s 63Q......................................... | ad No 116, 2019 |
s 63R......................................... | ad No 116, 2019 |
s 63S.......................................... | ad No 116, 2019 |
s 63T......................................... | ad No 116, 2019 |
s 63U......................................... | ad No 116, 2019 |
s 63V......................................... | ad No 116, 2019 |
s 63W........................................ | ad No 116, 2019 |
s 63X......................................... | ad No 116, 2019 |
s 63Y......................................... | ad No 116, 2019 |
Part 8 heading............................. | rs No 116, 2019 |
s 64............................................ | am No 116, 2019 |
Division 2 heading...................... | am No 116, 2019 |
s 64A......................................... | ad No 116, 2019 |
s 65............................................ | am No 116, 2019 |
s 66............................................ | am No 116, 2019 |
s 67............................................ | am No 116, 2019 |
s 69............................................ | am No 116, 2019 |
s 70............................................ | am No 116, 2019 |
s 71............................................ | am No 116, 2019 |
s 72............................................ | am No 116, 2019 |
Division 5 heading...................... | rs No 116, 2019 |
s 73............................................ | rs No 116, 2019 |
s 74............................................ | am No 116, 2019 |
Part 8AA.................................... | ad No 34, 2022 |
s 74AA...................................... | ad No 34, 2022 |
s 74AB....................................... | ad No 34, 2022 |
s 74AC....................................... | ad No 34, 2022 |
s 74AD...................................... | ad No 34, 2022 |
s 74AE....................................... | ad No 34, 2022 |
Part 8A heading.......................... | rs No 34, 2022 |
Part 8A...................................... | ad No 116, 2019 |
s 74A......................................... | ad No 116, 2019 |
am No 9, 2021; No 57, 2021; No 34, 2022 | |
s 74B......................................... | ad No 116, 2019 |
am No 13, 2021; No 34, 2022 | |
s 74C......................................... | ad No 116, 2019 |
am No 34, 2022 | |
s 74D......................................... | ad No 116, 2019 |
am No 9, 2021; No 13, 2021 | |
s 74E......................................... | ad No 116, 2019 |
s 74EA....................................... | ad No 9, 2021 |
am No 9, 2021 | |
s 74EB....................................... | ad No 9, 2021 |
am No 34, 2022 | |
s 74EC....................................... | ad No 9, 2021 |
am No 9, 2021; No 34, 2022 | |
s 74ED....................................... | ad No 9, 2021 |
am No 9, 2021; No 34, 2022 | |
Division 2A................................ | ad No 9, 2021 |
s 74EE....................................... | ad No 9, 2021 |
am No 57, 2021; No 34, 2022 | |
s 74F.......................................... | ad No 116, 2019 |
s 74FA....................................... | ad No 34, 2022 |
s 74G......................................... | ad No 116, 2019 |
am No 34, 2022 | |
s 74GA...................................... | ad No 9, 2021 |
s 74GAA.................................... | ad No 34, 2022 |
Division 4.................................. | ad No 34, 2022 |
s 74GB....................................... | ad No 34, 2022 |
s 74GC....................................... | ad No 34, 2022 |
s 74GD...................................... | ad No 34, 2022 |
s 74GE....................................... | ad No 34, 2022 |
s 74GF....................................... | ad No 34, 2022 |
s 74GG...................................... | ad No 34, 2022 |
s 74GH...................................... | ad No 34, 2022 |
s 74GI........................................ | ad No 34, 2022 |
am No 39, 2024 | |
Part 8B....................................... | ad No 116, 2019 |
s 74H......................................... | ad No 116, 2019 |
s 74J.......................................... | ad No 116, 2019 |
am No 9, 2021; No 57, 2021; No 34, 2022 | |
s 74K......................................... | ad No 116, 2019 |
s 74L......................................... | ad No 116, 2019 |
am No 39, 2024 | |
s 74M........................................ | ad No 116, 2019 |
am No 39, 2024 | |
s 74N......................................... | ad No 116, 2019 |
am No 39, 2024 | |
s 75............................................ | am No 116, 2019 |
s 75A......................................... | ad No 116, 2019 |
s 76............................................ | am No 116, 2019 |
0
0
0