Aged Care Quality and Safety Commission Amendment (Commissioner Functions) Rules 2023 (Cth)

Aged Care Quality and Safety Commission Amendment (Commissioner Functions) Rules 2023

I, Anika Wells, Minister for Aged Care, make the following rules.

Dated 22 June 2023

Anika Wells

Minister for Aged Care

Contents

1Name

This instrument is the Aged Care Quality and Safety Commission Amendment (Commissioner Functions) Rules 2023.

2Commencement

1. (1)

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

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The later of: (a) 1 July 2023; and (b) the day after this instrument is registered.	1 July 2023 (paragraph (a) applies)

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Aged Care Quality and Safety Commission Act 2018.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

Aged Care Quality and Safety Commission Rules 2018

1

After Part 1

Insert:

Part 1A—Functions of the Commissioner

8AOther functions of the Commissioner—financial viability of approved providers

For the purposes of subparagraph 16(1)(g)(i) of the Commission Act, the Commissioner has the following functions:

1. (a)

   to monitor the financial viability of approved providers;

2. (b)

   to identify approved providers who are potentially at risk of insolvency;

3. (c)

   to liaise with approved providers according to their level of risk;

4. (d)

   to consider whether the Commissioner’s powers can be used to mitigate insolvency risks, and to exercise those powers where the Commissioner considers it appropriate for that purpose;

5. (e)

   to inform the Secretary of approved providers who are potentially at risk of insolvency.