Aged Care Quality and Safety Commission Rules 2018 (Cth)

Aged Care Quality and Safety Commission Rules 2018

made under the

Aged Care Quality and Safety Commission Act 2018

Compilation No. 9

Compilation date:14 October 2024

Includes amendments up to:F2024L01274

About this compilation

This compilation

This is a compilation of the Aged Care Quality and Safety Commission Rules 2018 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

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

Uncommenced amendments

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

Application, saving and transitional provisions for provisions and amendments

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

Editorial changes

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

Modifications

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

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1PreliminaryDivision 1Introduction1Name

This instrument is the Aged Care Quality and Safety Commission Rules 2018.

3Authority

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

Division 2Definitions4Definitions

Note: A number of expressions used in this instrument are defined in the Commission Act, including the following:
(a) aged care consumer;
(b) aged care service;
(c) approved provider;
(d) Commissioner;
(e) Commonwealth‑funded aged care service;
(f) service provider.
In this instrument:
Aboriginal and Torres Strait Islander service means a service provided under the program known as the National Aboriginal and Torres Strait Islander Flexible Aged Care Program.
Note: An Aboriginal and Torres Strait Islander service is a Commonwealth‑funded aged care service (see subsection 8(1) of the Commission Act and section 8 of this instrument).
accredited service means:
(a)
a residential care service, or a flexible care service, that has been accredited or re‑accredited under Part 3 for a particular period and that period has not ended; or
(b)
a residential care service for which a determination under section 42‑5 of the Aged Care Act is in force; or
(c)
a flexible care service that is a deemed accredited service.
Aged Care Quality Standards means the Aged Care Quality Standards set out in the Quality of Care Principles 2014.
assessment contact: see section 5.
assessment teammeans:
(a)
for a site audit of a residential service—the assessment team formed under subsection 32(1) to conduct the audit; or
(aa)
for a quality audit of a home service—the assessment team formed under subsection 53A(1) to conduct the audit; or
(b)
for a review audit of an accredited service—the assessment team formed under subsection 71(1) to conduct the audit.
commencing service: see section 6.
Commission Act means the Aged Care Quality and Safety Commission Act 2018.
complainant means a person who makes a complaint.
complaint means a complaint made under subsection 11(1).
complaints reviewable decision means a reviewable Commissioner decision of a kind mentioned in item 1 or 2 of the table in section 98.
deemed accredited service: see section 7.
flexible care place means a capacity within a flexible care service for provision of flexible care in the form of short‑term restorative care or transition care to a person.
former complaints scheme means:
(a)
the repealed Complaints Principles 2015, as in force at any time before they were repealed; or
(b)
the repealed Complaints Principles 2014, as in force at any time before they were repealed; or
(c)
the administrative scheme for the resolution of complaints about service providers of Commonwealth‑funded aged care services, as it existed at any time before 30 May 2018.
home care setting has the same meaning as in the Subsidy Principles 2014.
home service means:
(a)
a home care service; or
(b)
a flexible care service through which short‑term restorative care or transition care is provided in a home care setting; or
(c)
a home support service.
home service provider of a home service means:
(a)
for a home care service or flexible care service through which short‑term restorative care or transition care is provided in a home care setting—the approved provider of the service; or
(b)
for a home support service—the service provider of the service.
home support service means a service provided under the program known as the Commonwealth Home Support Programme.
Note: A home support service is a Commonwealth‑funded aged care service (see subsection 8(1) of the Commission Act and section 8 of this instrument).
interested person: see section 98.
internal reviewer means:
(a)
the Commissioner; or
(b)
a delegate of the Commissioner referred to in paragraph 100(1)(b), 101(1)(b) or 102(1)(b).
nominated representative of an aged care consumer means:
(a)
if the aged care consumer is a care recipient—the representative of the care recipient within the meaning of the Records Principles 2014; or
(b)
if the aged care consumer is a person who is a recipient of a Commonwealth‑funded aged care service—a person who represents the consumer.
Note: The approved provider of an aged care service must keep up‑to‑date records of the name and contact details of at least one nominated representative of each care recipient (see paragraph 7(r) of the Records Principles 2014).
performance report:
(a)
for a residential service (other than a recommencing service) for which an application for re‑accreditation has been made: see paragraph 40A(1)(a); or
(b)
for a home service for which a quality review is conducted: see paragraph 57(1)(a); or
(c)
for an accredited service, previously accredited service or home service for which an assessment contact to which section 68 applies is made: see paragraph 68A(1)(a); or
(d)
for an accredited service for which a review audit is conducted: see paragraph 76A(1)(a).
plan for continuous improvement: see subsection 62(2).
police certificate, for a person, means a report about a person’s criminal conviction record prepared by:
(a)
the Australian Federal Police; or
(b)
the Australian Criminal Intelligence Commission; or
(c)
an agency accredited by the Australian Criminal Intelligence Commission; or
(d)
the police force or police service of a State or Territory.
previously accredited service means:
(a)
a residential care service, or a flexible care service, that was an accredited service but is no longer such a service; or
(b)
a flexible care service if:
(i)
flexible care in the form of short‑term restorative care is provided through the service; and
(ii)
the short‑term restorative care is provided in a facility where residential care is provided through a residential care service; and
(iii)
on the day the approved provider of the flexible care service is allocated flexible care places under Division 14 of Part 2.2 of the Aged Care Act, the residential care service is a previously accredited service under paragraph (a) of this definition.
provider responsibility information means information raising an issue or issues about:
(a)
the responsibilities of the approved provider of an aged care service under the Aged Care Act or the Aged Care Principles; or
(b)
the responsibilities of the service provider of a Commonwealth‑funded aged care service under the funding agreement that relates to the service.
quality audit report: see subsection 56(1).
quality review, of a home service, means a quality review of the service conducted under Part 4.
Quality Review Guidelines means the Quality Review Guidelines for the program known as the National Aboriginal and Torres Strait Islander Flexible Aged Care Program, published by the Commission and as in force from time to time.
Note: The Quality Review Guidelines could in 2019 be viewed on the Commission’s website ( of an accredited service or a previously accredited service, means the accreditation of the service for a further period under Part 3.
recommencing service: a previously accredited service is a recommencing service if:
(a)
the approved provider of the service has made an application under subsection 27(2) for the re‑accreditation of the service; and
(b)
the approved provider of the service has been allocated places for the service under Part 2.2 of the Aged Care Act; and
(c)
at the time the application was made, residential care was not being provided for those places through the service.
reconsideration decision means a decision made under subsection 100(2), 101(2) or 102(3).
register of banning orders means the register mentioned in section 74GI of the Commission Act.
regulatory reviewable decision means a reviewable Commissioner decision of a kind mentioned in an item (other than items 1 and 2) of the table in section 98.
relevant provider, for an issue raised in a complaint or provider responsibility information, means the approved provider of an aged care service, or service provider of a Commonwealth‑funded aged care service, to which the issue relates.
residential care setting has the same meaning as in the Subsidy Principles 2014.
residential service means an accredited service, or a previously accredited service, to which an application made under subsection 27(2) relates.
resolution process means the resolution process undertaken under section 15.
reviewable Commissioner decision: see section 98.
review audit, of an accredited service, means a review audit of the service conducted under Division 6 of Part 5.
review audit report: see subsection 76(1).
serious offence conviction: a person has a serious offence conviction if the person has been:
(a)
convicted of murder or sexual assault; or
(b)
convicted of, and sentenced to imprisonment for, any other form of assault.
short‑term restorative care has the same meaning as in the Subsidy Principles 2014.
site audit, of a residential service, means a site audit of the service conducted under Subdivision D of Division 3 of Part 3.
site audit report: see subsection 40(1).
transition care has the same meaning as in the Subsidy Principles 2014.
5Meaning of assessment contact
An assessment contact with the approved provider of an accredited service or a previously accredited service, or the home service provider of a home service, is any form of contact (other than a site audit, a review audit or a quality review) between a regulatory official and the provider for either or both of the following purposes:
(a)
to assess the provider’s performance, in relation to the service, against the Aged Care Quality Standards;
(b)
to monitor the quality of care and services provided by the provider through the service.
6Meaning of commencing service
(1)
A residential care service is a commencing service if:
(a)
an approved provider has been allocated places for the service under Part 2.2 of the Aged Care Act; and
(b)
residential care has not previously been provided for those places through the service; and
(c)
the service is not an accredited service or a previously accredited service.
(2)
A flexible care service through which short‑term restorative care is provided in a residential care setting is a commencing service if:
(a)
the short‑term restorative care is provided in a facility where residential care is provided through a residential care service; and
(b)
that residential care service is a commencing service.
7Meaning of deemed accredited service
If:
(a)
flexible care in the form of short‑term restorative care is provided through a flexible care service; and
(b)
the short‑term restorative care is provided in a facility where residential care is provided through a residential care service; and
(c)
the residential care service is an accredited service for a particular period;
the flexible care service is a deemed accredited service for that period.
Division 3Commonwealth funded programs8Specification of programs
For the purposes of subsection 8(1) of the Commission Act, the following programs are specified:
(a)
the program known as the Commonwealth Home Support Programme;
(b)
the program known as the National Aboriginal and Torres Strait Islander Flexible Aged Care Program.
Note: A Commonwealth‑funded aged care service is a service provided under such a program.
Part 1AFunctions of the Commissioner8AOther 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:
(a)
to monitor the financial viability of approved providers;
(b)
to identify approved providers who are potentially at risk of insolvency;
(c)
to liaise with approved providers according to their level of risk;
(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;
(e)
to inform the Secretary of approved providers who are potentially at risk of insolvency.
Part 2Complaints and provider responsibility informationDivision 1Introduction9Simplified outline of this Part
This Part establishes a scheme for dealing with complaints made, or provider responsibility information given, to the Commissioner about the following matters:
(a)
the responsibilities of the approved provider of an aged care service under the Aged Care Act or the Aged Care Principles;
(b)
the responsibilities of the service provider of a Commonwealth‑funded aged care service under the funding agreement that relates to the service.
If the Commissioner receives a complaint that raises an issue about such responsibilities, the Commissioner must, in relation to the issue, decide to take no further action, resolve the issue to the complainant’s satisfaction or decide to undertake a resolution process.
If the Commissioner receives provider responsibility information that raises an issue about such responsibilities, the Commissioner may decide to undertake a resolution process in relation to the issue.
Division 2Purpose of this Part10Purpose of this Part
This Part is made for the purposes of subsections 21(1), (2) and (3) of the Commission Act.
Division 3Making complaints to the Commissioner11Complaint may be made to the Commissioner
(1)
A person may make a complaint to the Commissioner raising an issue or issues about:
(a)
the responsibilities of the approved provider of an aged care service under the Aged Care Act or the Aged Care Principles; or
(b)
the responsibilities of the service provider of a Commonwealth‑funded aged care service under the funding agreement that relates to the service.
(2)
A complaint may be made orally or in writing.
(3)
A complaint may be made anonymously.
(4)
If a complainant makes a complaint, the complainant may ask the Commissioner to keep the following confidential:
(a)
the identity of the complainant;
(b)
the identity of a person identified in the complaint;
(c)
any other details included in the complaint.
12Withdrawal of complaint
(1)
If a complainant makes a complaint, the complainant may withdraw the complaint, either orally or in writing, at any time.
(2)
The Commissioner may deal, or continue to deal, with the complaint despite the withdrawal of the complaint.
Note: A complainant who withdraws a complaint will not be notified under this Part of certain matters (see subsections 14(3) and 17(3)) or be able to apply under Part 7 for the reconsideration of the Commissioner’s decision in relation to the complaint.
Division 4Dealing with complaints and provider responsibility information13Dealing with complaint
(1)
If the Commissioner receives a complaint, the Commissioner must, in relation to each issue raised in the complaint:
(a)
decide to take no further action in relation to the issue under section 14; or
(b)
take appropriate action to resolve the issue to the satisfaction of the complainant; or
(c)
decide to undertake a resolution process in relation to the issue under section 15.
Note: For the purposes of the Commissioner resolving the complaint, an authorised officer may enter premises and exercise search powers in relation to the premises in accordance with Division 2 of Part 8 of the Commission Act.
(2)
Without limiting subsection (1), the Commissioner may do one or more of the following for the purposes of that subsection:
(a)
consider documents;
(b)
discuss the issue, in person or by other means, with any of the following:
(i)
the complainant (if any);
(ii)
the relevant provider for the issue;
(iii)
any other person;
(c)
request information or documents from any person.
14Commissioner may decide to take no further action in relation to issue
(1)
The Commissioner may decide to take no further action in relation to an issue raised in a complaint if the Commissioner is satisfied that:
(a)
the issue is frivolous, vexatious or not raised in good faith; or
(b)
the issue is, or has been, the subject of legal proceedings; or
(c)
the issue is already being dealt with, or has already been dealt with, under this Part or a former complaints scheme; or
(d)
the issue is better dealt with, or is already being dealt with, under this instrument (other than this Part); or
(e)
the issue relates to a matter that occurred more than 1 year before the complaint was made and is not ongoing; or
(f)
the complaint has been withdrawn under section 12; or
(g)
the issue is subject to a coronial inquiry; or
(h)
an aged care consumer identified in the complaint does not wish the issue to be considered by the Commissioner; or
(i)
the issue is better dealt with by another person or body; or
(j)
the relevant provider for the issue has addressed the issue to the Commissioner’s satisfaction; or
(k)
having regard to all the circumstances, no further action in relation to the issue is required.
Note: The complainant may request the Commissioner to reconsider the decision under Part 7.
(2)
If the Commissioner decides to take no further action in relation to an issue raised in the complaint, the Commissioner must, as soon as possible, give written notice of the following to the complainant:
(a)
the decision and the reasons for the decision;
(b)
information about how the complainant may apply for the reconsideration of the decision;
(c)
any other appropriate information.
(3)
However, the Commissioner is not required to comply with subsection (2) if:
(a)
the complaint was made anonymously; or
(b)
the complaint has been withdrawn under section 12; or
(c)
the complainant has requested not to be notified in relation to the complaint.
(4)
If the Commissioner decides to take no further action in relation to an issue raised in the complaint, the Commissioner may give the relevant provider for the issue written notice of the decision and the reasons for the decision.
15Commissioner may undertake resolution process in relation to issue
(1)
The Commissioner may decide to undertake a resolution process under this section in relation to:
(a)
an issue raised in a complaint; or
(b)
an issue raised in provider responsibility information received by the Commissioner.
(2)
In undertaking a resolution process in relation to an issue raised in the complaint or information, the Commissioner may take any one or more of the following actions:
(a)
request the relevant provider for the issue to examine and attempt to resolve the issue and report back to the Commissioner;
(b)
request the following to participate in a conciliation process:

1. 1. (i)
    the complainant (if any);
  2. (ii)
    the relevant provider for the issue;
  3. (iii)
    any other person;
2. (c)
  undertake an investigation of the issue;
3. (d)
  refer the issue to mediation.
Note: For the purposes of the Commissioner resolving the complaint or dealing with the provider responsibility information, an authorised officer may enter premises and exercise search powers in relation to the premises in accordance with Division 2 of Part 8 of the Commission Act.
(3)
Without limiting subsection (2), the Commissioner may do one or more of the following in taking action under that subsection:
1. (a)
  consider documents;
2. (b)
  discuss the issue, in person or by other means, with any of the following:
  1. (i)
    the complainant (if any);
  2. (ii)
    the relevant provider for the issue;
  3. (iii)
    any other person;
3. (c)
  request information or documents from any person.

16Requirement to notify relevant providers of resolution process

(1)
If the Commissioner decides to undertake a resolution process in relation to an issue raised in a complaint or provider responsibility information, the Commissioner must give written notice, as soon as practicable, of the issue to the relevant provider for the issue.
(2)
Subsection (1) does not apply if the Commissioner considers that the giving of the notice will, or is likely to:
1. (a)
  impede the resolution of the issue; or
2. (b)
  place the safety, health or well‑being of the complainant (if any), an aged care consumer or any other person at risk; or
3. (c)
  place the complainant (if any) or an aged care consumer at risk of intimidation or harassment.

17Commissioner may decide to end resolution process

(1)
The Commissioner may decide to end a resolution process in relation to an issue raised in a complaint or provider responsibility information if the Commissioner is satisfied that:
1. (a)
  if the issue was raised in a complaint—the issue has been resolved because the complainant and the relevant provider for the issue have agreed on an outcome; or
2. (b)
  the relevant provider for the issue has addressed the issue to the satisfaction of the Commissioner; or
3. (c)
  the Commissioner has given a direction under section 19 to the relevant provider for the issue; or
4. (d)
  if the relevant provider for the issue is the approved provider of an aged care service—the Commissioner has initiated action under Part 7B or section 74EB, 74EC, 74ED or 74EE of the Commission Act that relates to the issue; or
5. (e)
  if the relevant provider for the issue is the service provider of a Commonwealth‑funded aged care service—the Commissioner has been notified that the Commonwealth has initiated, under the funding agreement that relates to the service, action that relates to the issue; or
6. (f)
  the complaint has been withdrawn under section 12; or
7. (g)
  the issue is better dealt with by another person or body; or
8. (h)
  the continuation of the resolution process is not required because:
  1. (i)
    despite reasonable inquiries by the Commissioner, the circumstances giving rise to the issue cannot be determined; or
  2. (ii)
    the issue is frivolous, vexatious or not raised in good faith; or
  3. (iii)
    the issue is, or has been, the subject of legal proceedings; or
  4. (iv)
    the issue is already being dealt with, or has already been dealt with, under this Part or a former complaints scheme; or
  5. (v)
    the issue is better dealt with, or is already being dealt with, under this instrument (other than this Part); or
  6. (vi)
    the issue is subject to a coronial inquiry; or
  7. (vii)
    an aged care consumer identified in the complaint, or in the provider responsibility information, does not wish the issue to be considered by the Commissioner; or
9. (i)
  having regard to all the circumstances, the continuation of the resolution process is not required.
Note: The complainant or relevant provider for the issue may request the Commissioner to reconsider the decision under Part 7.
(2)
If the Commissioner decides to end the resolution process in relation to an issue raised in the complaint or provider responsibility information, the Commissioner must, as soon as possible, give written notice of the following to the complainant (if any) and the relevant provider for the issue:
1. (a)
  the decision and the reasons for the decision;
2. (b)
  information about how the complainant (if any) or relevant provider may apply for the reconsideration of the decision;
3. (c)
  any other appropriate information.
(3)
However, the Commissioner is not required to comply with subsection (2) in relation to any complainant if:
1. (a)
  the complaint was made anonymously; or
2. (b)
  the complaint has been withdrawn under section 12; or
3. (c)
  the complainant has requested not to be notified in relation to the complaint.
(4)
The Commissioner may provide different information in the notice given to the complainant (if any) and the relevant provider for the issue.

18Commissioner may give information about resolution process to person or body with sufficient interest

The Commissioner may give information about a resolution process in relation to an issue raised in a complaint or provider responsibility information to any person or body that the Commissioner considers has a sufficient interest in the issue.

Division 5Directions19Commissioner may give directions to relevant providers

(1)
If, in undertaking a resolution process in relation to an issue raised in a complaint or provider responsibility information that relates to the approved provider of an aged care service, the Commissioner becomes satisfied that the provider is not meeting the provider’s responsibilities under the Aged Care Act or the Aged Care Principles, the Commissioner may, in writing, direct the provider to take specified action in order to meet those responsibilities.
(2)
If, in undertaking a resolution process in relation to an issue raised in a complaint or provider responsibility information that relates to the service provider of a Commonwealth‑funded aged care service, the Commissioner becomes satisfied that the provider is not meeting the provider’s responsibilities under the funding agreement that relates to the service, the Commissioner may, in writing, direct the provider to take specified action in order to meet those responsibilities.

20Notification of intention to give directions to relevant providers

(1)
Before the Commissioner gives a direction under section 19 to the relevant provider for an issue raised in a complaint or provider responsibility information, the Commissioner must give the provider written notice of the Commissioner’s intention to give the direction.
(2)
The notice must:
1. (a)
  set out the concerns of the Commissioner about:
  1. (i)
    if the relevant provider is the approved provider of an aged care service—the apparent failure of the provider to meet the provider’s responsibilities under the Aged Care Act or the Aged Care Principles; or
  2. (ii)
    if the relevant provider is the service provider of a Commonwealth‑funded aged care service—the apparent failure of the provider to meet the provider’s responsibilities under the funding agreement that relates to the service; and
2. (b)
  invite the relevant provider to respond, in writing, to the notice within a period specified in the notice.
(3)
The Commissioner must consider any response given to the Commissioner within the specified period.
Note: If the Commissioner is satisfied that the relevant provider has addressed the issue, the Commissioner may decide to end the resolution process under paragraph 17(1)(b).

21Relevant providers must comply with directions given by the Commissioner

(1)
If the Commissioner gives a direction to a relevant provider for an issue raised in a complaint or provider responsibility information under section 19, the relevant provider must comply with the direction.
(2)
If the relevant provider for the issue fails to comply with the direction, the Commissioner must give the relevant provider a written notice that:
1. (a)
  sets out the reasons why the Commissioner is satisfied that the provider has failed to comply with the direction; and
2. (b)
  sets out the information that the Commissioner relied on in deciding that the relevant provider has failed to comply with the direction.
Note 1: If the approved provider of an aged care service fails to comply with the direction, the Commissioner may initiate action under Part 7B or Part 8A of the Commission Act.
Note 2: If the service provider of a Commonwealth‑funded aged care service fails to comply with the direction, the Commonwealth may initiate action under the funding agreement that relates to the service.

Division 6Other matters22Referral of issue to Secretary etc.

(1)
Nothing in this Part prevents the Commissioner from referring an issue raised in a complaint or provider responsibility information to the Secretary or another person or body.
(2)
If the Commissioner refers an issue raised in a complaint or provider responsibility information under subsection (1), the Commissioner may continue to deal with the complaint or information under this Part.

23Taking of other action not prevented by this Part

(1)
Nothing in this Part prevents the Commissioner from taking action under the Commission Act in relation to an issue raised in a complaint or provider responsibility information.
(2)
Nothing in this Part prevents the Commonwealth from taking action under the funding agreement that relates to a Commonwealth‑funded aged care service in relation to an issue raised in a complaint or provider responsibility information.

Part 2ACode of Conduct23AASimplified outline of this Part

This Part makes provision for the Code of Conduct that applies to approved providers and their aged care workers and governing persons.
Note: For the definitions of approved provider, aged care worker of an approved provider, and governing person of an approved provider, see section 7 of the Commission Act.

23ABPurpose of this Part

This Part is made for the purposes of section 74AE of the Commission Act.

23ACCode of Conduct

The provisions of the Code of Conduct set out in clause 1 of Schedule 1 apply to the following in accordance with clause 2 of Schedule 1:
(a)
approved providers;
(b)
aged care workers of approved providers;
(c)
governing persons of approved providers.

Note: For provisions relevant to compliance with the Code of Conduct, see the following:
(a) for requirements for approved providers and their aged care workers and governing persons to comply with the Code of Conduct, and civil penalties for non‑compliance—Part 8AA of the Commission Act;
(b) for responsibilities of approved providers in relation to the Code of Conduct—paragraphs 54‑1(1)(g) and (ga) of the Aged Care Act 1997;
(c) for sanctions for non‑compliance with responsibilities—Part 7B of the Commission Act;
(d) for the Commissioner’s complaints functions and code functions—sections 18 and 18A of the Commission Act and Parts 2 and 2B of this instrument;
(e) for enforcement of responsibilities and requirements—Part 8A of the Commission Act.

Part 2BCommissioner’s Code of Conduct functionsDivision 1Introduction23BASimplified outline of this Part

The Commissioner may take action, and do other things, in relation to compliance by an approved provider, or an individual who is or was an aged care worker or governing person of an approved provider, with the provisions of the Code of Conduct that apply or applied to them.
This Part does not affect the powers that the Commissioner has apart from this Part.

Division 2Purpose of this Part23BBPurpose of this Part

This Part is made for the purposes of subsections 21(1), (3A) and (3B) of the Commission Act.

Division 3Taking action23BCPurpose of this Division

This Division sets out actions that the Commissioner may take 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.
Note: The Commissioner may also take other action (see section 23BI of these Rules).

23BDActions the Commissioner may take

General
(1)
The Commissioner may do any one or more of the following in relation to the compliance:
(a)
discuss the compliance, in person or by other means, with any of the following:
(i)
if the compliance is compliance by an approved provider—the approved provider;
(ii)
if the compliance is compliance by an individual who is or was an aged care worker or governing person of an approved provider—the individual or the approved provider, or both;
(iii)
any other person;
(b)
request information or documents from any person;
(c)
consider information and documents;
(d)
carry out an investigation;
(e)
refer information about the compliance to another person or body;
(f)
take any other action that the Commissioner considers reasonable in the circumstances.
Note: The Commissioner may also require a person to attend before an authorised officer to answer questions or give information or documents that are relevant to compliance with the Code of Conduct (see section 74FA of the Commission Act).
(2)
To avoid doubt, the Commissioner may carry out an investigation under paragraph (1)(d):
(a)
independently of any other person or body; or
(b)
jointly with another person or body.
Requiring action by approved providers
(3)
If the compliance is compliance by an approved provider, or an individual who is or was an aged care worker or governing person of an approved provider, the Commissioner may require the approved provider to do any one or more of the following:
(a)
carry out an internal investigation into the compliance in a specified manner and give the Commissioner a written report on the investigation within a specified period;
(b)
engage an appropriately qualified and independent expert, at the approved provider’s expense, to carry out an investigation into the compliance in a specified manner and give the Commissioner a written report on the investigation within a specified period;
(c)
undertake specified action in relation to the compliance within a specified period.
Requiring action by individuals
(4)
If the compliance is compliance by an individual who is or was an aged care worker or governing person of an approved provider, the Commissioner may require the individual to undertake specified action in relation to the compliance within a specified period.
Referring information and requiring action by approved providers
(5)
If the compliance is compliance by an individual who is or was an aged care worker or governing person of an approved provider, the Commissioner may, in writing, refer information about the compliance to the approved provider and require the provider to take appropriate action in relation to the compliance.
Referring information does not prevent Commissioner taking other action
(6)
If information about the compliance is referred under paragraph (1)(e) or subsection (5), this does not prevent the Commissioner from taking other action in relation to the compliance.
Oral requirements to also be given in writing
(7)
If the Commissioner gives a requirement under this section orally, the Commissioner must also give the requirement in writing as soon as practicable after giving the requirement orally.

23BEActions dealing with outcomes of investigations

If an investigation is carried out in relation to the compliance under paragraph 23BD(1)(d) or as required under paragraph 23BD(3)(a) or (b), the Commissioner may exercise any of the Commissioner’s powers under the Commission Act or this instrument to deal with the outcome of the investigation, as the Commissioner considers appropriate.

23BFFurther investigations

If an investigation is carried out in relation to the compliance under paragraph 23BD(1)(d) or as required under paragraph 23BD(3)(a) or (b), this does not prevent the Commissioner carrying out a further investigation in relation to the compliance under paragraph 23BD(1)(d), or requiring a further investigation to be carried out in relation to the compliance under paragraph 23BD(3)(a) or (b), on the basis of new information.

23BGProcedural fairness

In taking action under this Division, the Commissioner must have due regard to procedural fairness.

Division 4Doing other things23BHNotices about investigations carried out by Commissioner that are closed

(1)
This section applies if:
1. (a)
  the Commissioner carries out an investigation under paragraph 23BD(1)(d) in relation to compliance with the Code of Conduct by an approved provider or an individual who is or was an aged care worker or governing person of an approved provider; and
2. (b)
  the investigation is closed; and
3. (c)
  at the time the investigation is closed, the Commissioner is not taking any other action in relation to the compliance under the Commission Act or these Rules (including this Part).
(2)
The Commissioner must give a written notice setting out the outcomes of the investigation to:
1. (a)
  if the compliance is compliance by an approved provider—the approved provider; or
2. (b)
  if the compliance is compliance by an individual who is or was an aged care worker or governing person of an approved provider—the individual and the approved provider.

23BITaking of other action not prevented by this Part

Nothing in this Part prevents the Commissioner from taking action under the Commission Act or another provision of these Rules in relation to compliance with the Code of Conduct.
Note: For other provisions relevant to compliance with the Code of Conduct, see the following:
(a) for requirements for approved providers and their aged care workers and governing persons to comply with the Code of Conduct, and civil penalties for non‑compliance—Part 8AA of the Commission Act;
(b) for responsibilities of approved providers in relation to the Code of Conduct—paragraphs 54‑1(1)(g) and (ga) of the Aged Care Act 1997;
(c) for sanctions for non‑compliance with responsibilities—Part 7B of the Commission Act;
(d) for the Commissioner’s complaints functions—section 18 of the Commission Act and Part 2 of this instrument;
(e) for enforcement of responsibilities and requirements—Part 8A of the Commission Act.

Part 2CRegister of banning ordersDivision 1Simplified outline of this Part23CASimplified outline of this Part

Certain information must be included in the register of banning orders.
An individual may request access to information about the individual that is included in the register and may seek the correction of such information.
The Commissioner may correct information that is included in the register of banning orders.
The register of banning orders may be published on the Commission’s website.

Division 2Information in register of banning orders23CBInformation that must be included in the register of banning orders

For the purposes of paragraph 74GI(1)(h) of the Commission Act, the following information is specified in relation to each individual against whom a banning order has been made at any time:
(a)
the State or Territory, suburb and postcode of the individual’s last known place of residence;
(b)
if the Commissioner considers that further information is necessary to identify the individual—further information, including personal information, that the Commissioner considers is sufficient to identify the individual.
Note 1: For other information that must be included in the register in relation to each individual against whom a banning order has been made, see subsection 74GI(1) of the Commission Act.
Note 2: For the application of subsection 74GI(1) of the Commission Act to banning orders, see subsections 74GI(2) and (3) of that Act.
Example: For paragraph (b), if 2 individuals who work in aged care have the same name, suburb and postcode, and a banning order is made in relation to one of those individuals, the Commissioner could include information in the register to identify the individual in relation to whom the banning order is made.

Division 3Accessing and correcting information23CCPurpose of this Division

This Division is made for the purposes of subsection 74GI(6) of the Commission Act.

23CDAccessing information in the register

An individual against whom a banning order has been made may request that the Commissioner provide the individual with access to information (if any) that is included in the register of banning orders in relation to the individual.

Note: The Commissioner must, in certain circumstances, give an individual access to personal information that the Commissioner holds about the individual (see Australian Privacy Principle 12 in Schedule 1 to the Privacy Act 1988).

23CESeeking correction of information in the register

An individual against whom a banning order has been made may request that the Commissioner make a correction to information that is included in the register of banning orders in relation to the individual.
Note: The Commissioner must, in certain circumstances, take reasonable steps to correct personal information that is wrong or misleading so that the information is accurate, up to date, complete, relevant and not misleading (see Australian Privacy Principle 13 in Schedule 1 to the Privacy Act 1988).

23CFCorrections on the Commissioner’s initiative

If the Commissioner considers that information that is included in the register of banning orders in relation to an individual is inaccurate, out‑of‑date, incomplete, irrelevant or misleading, the Commissioner may correct the information.
Note: The Commissioner must, in certain circumstances, take reasonable steps to correct personal information that is wrong or misleading so that the information is accurate, up to date, complete, relevant and not misleading (see Australian Privacy Principle 13 in Schedule 1 to the Privacy Act 1988).

Division 4Publication of register of banning orders23CGMaking the register of banning orders publicly available

(1)
This section is made for the purposes of subsection 74GI(7) of the Commission Act.
(2)
The register of banning orders may be published on the Commission’s website.
Note: For the information that must be included in the register, see subsection 74GI(1) of the Commission Act and section 23CB of this instrument.
(3)
Despite subsection (1), a part of the register of banning orders must not be published if the Commissioner considers that the publication of the part would be contrary to:
1. (a)
  the public interest; or
2. (b)
  the interests of one or more care recipients.

Part 3Accreditation of residential aged care servicesDivision 1Introduction24Simplified outline of this Part

This Part provides for the accreditation of commencing services and the re‑accreditation of residential services.
If an application is made to the Commissioner to accredit a commencing service or to re‑accredit a recommencing service, the Commissioner must decide whether to accredit or re‑accredit the service for 1 year.
If an application is made to the Commissioner to re‑accredit a residential service (other than a recommencing service), then:
(a)
the Commissioner must form an assessment team to conduct a site audit of the service; and
(b)
the assessment team must prepare a site audit report for the Commissioner; and
(c)
the Commissioner must give a copy of the site audit report to the approved provider of the residential service; and
(d)
the provider may give the Commissioner a written response to the site audit report; and
(e)
the Commissioner must prepare a performance report about the service and give a copy to the provider; and
(f)
the Commissioner must decide whether to re‑accredit the service for a further period; and
(g)
if the Commissioner decides not to re‑accredit the service, the Commissioner may revoke the service’s accreditation.
The Commissioner may give the approved provider of an accredited service a reminder notice about the service’s accreditation.
Certain decisions of the Commissioner under this Part must be published on the Commission’s website.

Division 2Specified aged care services25Specification of aged care services

For the purposes of subparagraph 19(a)(ii) of the Commission Act, flexible care services through which short‑term restorative care is provided in a residential care setting are specified.

Division 3Accreditation of residential aged care servicesSubdivision APurpose of this Division26Purpose of this Division

This Division is made for the purposes of subsection 21(1) and paragraphs 21(4)(a) and (g) of the Commission Act.

Subdivision BApplications for accreditation or re‑accreditation27Approved provider may apply for accreditation or re‑accreditation of residential aged care services

(1)
The approved provider of a commencing service may apply to the Commissioner for the accreditation of the service.
(2)
The approved provider of an accredited service, or a previously accredited service, may apply to the Commissioner for the re‑accreditation of the service.

28Applications for accreditation or re‑accreditation

(1)
An application made under section 27 by the approved provider of a commencing service, an accredited service or a previously accredited service must:
1. (a)
  be made in writing; and
2. (b)
  be in the form approved by the Commissioner; and
3. (c)
  include an undertaking by the provider, that if the service were to be accredited or re‑accredited under this Part, the provider will undertake continuous improvement in relation to the service as measured against the Aged Care Quality Standards; and
4. (d)
  be accompanied by any other information or documents specified by the Commissioner; and
5. (e)
  be accompanied by any fee specified by the Commissioner.
(2)
The Commissioner must not accept the application if the application does not comply with subsection (1).

Subdivision CAccreditation of commencing services and re‑accreditation of recommencing services29Commissioner must decide whether to accredit commencing service or re‑accredit recommencing service

(1)
This section applies if:
1. (a)
  an application is made under subsection 27(1) by the approved provider of a commencing service; or
2. (b)
  an application is made under subsection 27(2) by the approved provider of a recommencing service.
(2)
The Commissioner must decide whether to accredit or re‑accredit the service:
1. (a)
  within 14 days after the application is received by the Commissioner; or
2. (b)
  by any later day agreed by the Commissioner and the approved provider.
Note: The approved provider may request the Commissioner to reconsider the decision under Part 7.
(3)
In making the decision, the Commissioner:
1. (a)
  must take into account:
  1. (i)
    the application; and
  2. (ii)
    any relevant information about the approved provider given to the Commissioner by the Secretary; and
  3. (iii)
    whether the Commissioner is satisfied that, if the service were to be accredited or re‑accredited under this Part, the approved provider will undertake continuous improvement in relation to the service as measured against the Aged Care Quality Standards; and
2. (b)
  may take into account any other relevant matter.
(4)
If the Commissioner decides to accredit or re‑accredit the service, the Commissioner must:
1. (a)
  accredit or re‑accredit the service for 1 year; and
2. (b)
  decide whether there are any areas in which improvements in relation to the service must be made to ensure that the Aged Care Quality Standards are complied with.

30Notification of decision to accredit commencing service or re‑accredit recommencing service

(1)
If the Commissioner decides under section 29 to accredit a commencing service or re‑accredit a recommencing service, the Commissioner must, within 14 days after making the decision, give written notice of the following to the approved provider of the service:
1. (a)
  the decision;
2. (b)
  the period of accreditation or re‑accreditation;
3. (c)
  any areas in which improvements in relation to the service must be made to ensure that the Aged Care Quality Standards are complied with;
4. (d)
  how the provider may apply for the re‑accreditation of the service.
(2)
The Commissioner must, within 28 days after making the decision, give the approved provider of the service a certificate that states the period of accreditation or re‑accreditation for the service.

31Notification of decision not to accredit commencing service or re‑accredit recommencing service

If the Commissioner decides under section 29 not to accredit a commencing service or not to re‑accredit a recommencing service, the Commissioner must, within 14 days after making the decision, give the approved provider of the service:
(a)
written notice of the following:
(i)
the decision;
(ii)
the reasons for the decision;
(iii)
how the provider may apply for the reconsideration of the decision; and
(b)
a copy of any information given to the Commissioner by the Secretary that was taken into account in making the decision.

Subdivision DRe‑accreditation of residential services other than recommencing services32Commissioner must appoint assessment team to conduct site audit

(1)
If an application is made under subsection 27(2) by the approved provider of an accredited service or a previously accredited service (other than a recommencing service), the Commissioner must, as soon as practicable after receiving the application:
1. (a)
  appoint one or more quality assessors to form an assessment team to conduct a site audit of the service; and
2. (b)
  give the team any information or documents that accompanied the application under paragraph 28(1)(d).
(2)
However, the Commissioner must not appoint a quality assessor to form the assessment team to conduct the site audit of the accredited service or previously accredited service if:
1. (a)
  at any time during the 3 year period preceding the proposed appointment, the assessor was employed by, or provided services to, the approved provider of the service; or
2. (b)
  the assessor has a pecuniary or other interest that could conflict with the proper conduct of the audit.

33Form of words and poster to be used to tell care recipients etc. about site audit

(1)
If an application is made under subsection 27(2) by the approved provider of an accredited service or a previously accredited service (other than a recommencing service), the Commissioner must, as soon as practicable after receiving the application, give the provider:
1. (a)
  a written notice specifying the form of words to be used to tell care recipients of the service, and the nominated representatives of those care recipients, about the site audit of the service that is to be conducted; and
2. (b)
  a poster to inform those care recipients and representatives about the site audit.
(2)
However, the Commissioner is not required to comply with subsection (1) if the Commissioner gave the approved provider a notice and poster under section 46 in relation to the re‑accreditation of the accredited service or previously accredited service.

34Approved provider must inform care recipients etc. about site audit

(1)
The approved provider of a residential service must take all reasonable steps to ensure that each care recipient of the service, and the nominated representatives of such a care recipient, are made aware of the following matters:
1. (a)
  that a site audit of the service is to be conducted;
2. (b)
  the period during which the site audit could occur;
3. (c)
  that the care recipients of the service and the nominated representatives of those care recipients:
  1. (i)
    will be given an opportunity to talk to members of the assessment team for the site audit; and
  2. (ii)
    may give information to the Commission about the care and services those care recipients are receiving;
4. (d)
  how to contact the Commission.
(2)
The reasonable steps taken by the approved provider of the residential service under subsection (1) must include, but are not limited to, the following:
1. (a)
  giving written information (including the form of words specified in the notice given to the provider under paragraph 33(1)(a) or 46(1)(a)) to each care recipient of the service and the nominated representatives of such a care recipient;
2. (b)
  displaying copies of the poster given to the approved provider under paragraph 33(1)(b) or 46(1)(b) in one or more prominent locations at the premises of the service.
(3)
The approved provider of the residential service must comply with subsection (1) as soon as practicable after the later of the following events occurs:
1. (a)
  the approved provider receives the notice given under paragraph 33(1)(a) or 46(1)(a);
2. (b)
  the approved provider makes the application under subsection 27(2) for the re‑accreditation of the service.

36Conduct of site audit of residential service

(1)
The assessment team for a site audit of a residential service must conduct the audit:
1. (a)
  at the premises of the service; and
2. (b)
  in accordance with any directions given to the team by the Commissioner.
Note: A regulatory official may, for the purposes of this section, enter premises and exercise search powers in relation to the premises in accordance with Division 3 of Part 8 of the Commission Act.
(2)
In conducting the site audit of the residential service, the assessment team must:
1. (a)
  assess the quality of care and services provided through the service against the Aged Care Quality Standards; and
2. (b)
  consider any relevant information about the quality of care and services provided through the service that was given to the team:
  1. (i)
    by a care recipient, or former care recipient, of the service; or
  2. (ii)
    by a nominated representative of such a care recipient or former care recipient; and
3. (d)
  consider any relevant information given to the team by the Commissioner, including any information or documents given to the team under paragraph 32(1)(b); and
4. (e)
  consider any relevant information given to the Commissioner or the team by the approved provider of the service.

37Approved provider must take steps to inform care recipients that site audit has commenced

(1)
As soon as practicable after the assessment team for a site audit of a residential service starts to conduct the audit, the approved provider of the service must take reasonable steps to inform the care recipients of the service, and thenominated representatives of those care recipients, that the audit has started.
(2)
The reasonable steps taken by the approved provider of the residential service under subsection (1) must include, but are not limited to, displaying in one or more prominent locations at the premises of the service any posters given to the provider by the assessment team for the purpose of the provider complying with that subsection.

38Site audit meetings and discussions

(1)
On each day on which a site audit of a residential service is conducted, a member of the assessment team for the audit must meet with the person at the premises of the service who is in charge of the service to discuss the progress of the audit.
(2)
The assessment team for the site audit of the residential service must also meet at least 10% of the care recipients of the service, or the nominated representatives of those care recipients, during the conduct of the audit to discuss the care and services that those care recipients are receiving.
(3)
If a care recipient of the residential service, or a nominated representative of such a recipient, asks to meet the assessment team, or a member of the team, during the site audit of the service, the approved provider of the service must take all reasonable steps to enable a member of the team to meet the recipient or representative privately.
(4)
If a former care recipient of the residential service, or a nominated representative of such a recipient, asks to talk to the assessment team, or a member of the team, during the site audit of the service, the approved provider of the service must tell a member of the team about the request.

39Exit meeting

On the last day on which a site audit of a residential service is conducted, a member of the assessment team for the audit must meet with the person at the premises of the service who is in charge of the service to discuss the key issues that the team identified during the audit.

40Site audit report prepared by assessment team

Site audit report must be prepared
(1)
The assessment team for a site audit of a residential service must prepare a written report (the site audit report) about the audit.
(2)
The site audit report:
(a)
must include an assessment of the approved provider’s performance, in relation to the residential service, against the Aged Care Quality Standards; and
(b)
may also include any other matters the assessment team considers relevant.
Site audit report must be given to the Commissioner
(3)
The assessment team must give the site audit report to the Commissioner within 7 days after the site audit of the residential service is completed.
Copy of site audit report to be given to approved provider
(4)
As soon as practicable after receiving the site audit report, the Commissioner must give a copy of the report to the approved provider of the residential service.
(5)
The approved provider of the residential service may, within 14 days after receiving the copy of the site audit report, give the Commissioner a written response to the report.

40APerformance report prepared by Commissioner

(1)
If the Commissioner is given, under subsection 40(3), a site audit report about a site audit of a residential service, the Commissioner must, within 28 days after the Commissioner is given the report:
1. (a)
  prepare a written report (the performance report) about the service; and
2. (b)
  give a copy of the performance report to the approved provider of the service.
(2)
In preparing the performance report, the Commissioner must take into account the following matters:
1. (a)
  the site audit report;
2. (b)
  any response to the site audit report given to the Commissioner by the approved provider of the service under subsection 40(5);
3. (c)
  any relevant information given to the Commissioner, or to the assessment team for the site audit of the service:
  1. (i)
    by a care recipient, or former care recipient, of the service; or
  2. (ii)
    by a nominated representative of such a care recipient or former care recipient;
4. (d)
  any relevant information about the approved provider of the service given to the Commissioner by the Secretary;
5. (e)
  any other relevant matter.
(3)
The performance report:
1. (a)
  must include an assessment of the approved provider’s performance, in relation to the residential service, against the Aged Care Quality Standards; and
2. (b)
  may specify any areas in which improvements in relation to the residential service must be made to ensure the Aged Care Quality Standards are complied with; and
3. (c)
  may also include any other matters the Commissioner considers relevant.

41Commissioner must decide whether to re‑accredit residential service

(1)
If the Commissioner gives, under subsection 40A(1), a performance report about a residential service to the approved provider of the service, the Commissioner must, within 7 days after doing so, decide whether to re‑accredit the service.
Note: The approved provider may request the Commissioner to reconsider the decision under Part 7.
(2)
In making the decision, the Commissioner must take into account the following matters:
1. (a)
  the performance report;
2. (b)
  the matters mentioned in subsection 40A(2);
3. (c)
  whether the Commissioner is satisfied that, if the service were to be re‑accredited under this Part, the provider will undertake continuous improvement in relation to the service as measured against the Aged Care Quality Standards.
(3)
If the Commissioner decides to re‑accredit the residential service under subsection (1), the Commissioner must decide the further period for which the service is to be accredited.
Note: The approved provider may request the Commissioner to reconsider the decision under Part 7.

42Notification of decision to re‑accredit residential service

(1)
If the Commissioner decides to re‑accredit a residential service under section 41, the Commissioner must, within 14 days after making the decision, give written notice of the following to the approved provider of the service:
1. (a)
  the decision;
2. (b)
  the further period of accreditation, and the reasons for deciding that further period;
3. (c)
  how the provider may apply for the reconsideration of the further period of accreditation;
4. (g)
  how the provider may apply for the re‑accreditation of the service.
(2)
The Commissioner must, within 28 days after making the decision, give the approved provider of the residential service a certificate of accreditation for the service that states the further period of accreditation.

43Notification of decision not to re‑accredit residential service

If the Commissioner decides not to re‑accredit a residential service under section 41, the Commissioner must, within 14 days after making the decision, give the approved provider of the service:

(a)
written notice of the following:
(i)
the decision;
(ii)
the reasons for the decision;
(iii)
how the provider may apply for the reconsideration of the decision; and
(b)
a copy of any information given to the Commissioner by the Secretary that was taken into account in making the decision.

Subdivision ERevocation of accreditation of accredited service44Decision to revoke accreditation of accredited service

(1)
If the Commissioner decides not to re‑accredit an accredited service under section 41, the Commissioner may revoke the accreditation of the accredited service.
Note: The approved provider may request the Commissioner to reconsider the decision under Part 7.
(2)
If the Commissioner decides to revoke the accreditation of an accredited service under subsection (1), the Commissioner must decide the day on which the revocation is to take effect.
Note: The approved provider may request the Commissioner to reconsider the decision under Part 7.

45Notification of decision to revoke accreditation of accredited service

If the Commissioner decides to revoke the accreditation of an accredited service under section 44, the Commissioner must, within 14 days after making the decision, give written notice of the following to the approved provider of the service:
(a)
the decision;
(b)
the reasons for the decision;
(c)
the day the revocation is to take effect;
(d)
how the provider may apply for reconsideration of the decision to revoke the accreditation, or the decision regarding the day the revocation is to take effect.

Subdivision FReminder notices about accreditation46Reminder notices

(1)
Before the period of accreditation of an accredited service ends, the Commissioner may give the approved provider of the service:
1. (a)
  a written notice specifying the following matters:
  1. (i)
    the day on which the period of accreditation is due to end;
  2. (ii)
    a day on or before which the provider must apply for the re‑accreditation of the service under subsection 27(2) in order for section 47 not to apply in relation to the application;
  3. (iii)
    the form of words to be used, if the provider applies for the re‑accreditation of the service, to tell care recipients of the service, and the nominated representatives of those care recipients, about the site audit of the service that will be conducted in relation to the application; and
2. (b)
  a poster to inform those care recipients and representatives of the site audit.
(2)
In specifying a particular day under subparagraph (1)(a)(ii), the Commissioner must have regard to the likelihood that the Commissioner would make a decision under section 41 in relation to the re‑accreditation of the accredited service before the end of the service’s period of accreditation if the application were made on or after that particular day.

47Late application for re‑accreditation after reminder notice

(1)
This section applies in relation to an application made under subsection 27(2) for the re‑accreditation of an accredited service if:
1. (a)
  the Commissioner gave the approved provider of the service a notice under paragraph 46(1)(a) in relation to the service; and
2. (b)
  the application is made after the day specified in the notice under subparagraph 46(1)(a)(ii).
(2)
To avoid doubt:
1. (a)
  the assessment team for a site audit of the accredited service is not required:
  1. (i)
    to complete the audit before the service’s period of accreditation (the accreditation period) ends; or
  2. (ii)
    to give the site audit report for the audit to the Commissioner under subsection 40(3) any earlier than within the period specified in that subsection even if that period will end after the accreditation period ends; and
2. (b)
  the Commissioner is not required to make a decision under section 41 in relation to the re‑accreditation of the service any earlier than within the period specified in subsection 41(1) even if that period will end after the accreditation period ends.

Subdivision GPublication of decisions relating to accreditation48Commissioner must publish decisions relating to accreditation

Commencing services and recommencing services
(1)
If the Commissioner decides under section 29 to accredit a commencing service or re‑accredit a recommencing service, the Commissioner must, as soon as practicable after making the decision, publish the decision on the Commission’s website.
Note: For the disclosure of protected information, see Division 4 of Part 7 of the Commission Act.
(2)
If:
(a)
the Commissioner decides under section 29 not to accredit a commencing service or not to re‑accredit a recommencing service; and
(b)
no request for the reconsideration of the decision is made within the period (the reconsideration period) mentioned in paragraph 99(3)(c);
the Commissioner must, within 28 days after the end of the reconsideration period, publish the decision on the Commission’s website.
Note 1: If a request for the reconsideration of the decision is made, the reconsideration decision must be published under section 104.
Note 2: For the disclosure of protected information, see Division 4 of Part 7 of the Commission Act.
Residential services other than recommencing services
(3)
If:
(a)
the Commissioner:
(i)
decides under section 41 to re‑accredit a residential service for a further period; or
(ii)
decides under section 41 not to re‑accredit a residential service; or
(iii)
decides under section 44 to revoke the accreditation of an accredited service; and
(b)
no request for the reconsideration of the decision is made within the period (the reconsideration period) mentioned in paragraph 99(3)(c);
the Commissioner must, within 28 days after the end of the reconsideration period, publish on the Commission’s website the decision and the performance report about the service considered in making the decision.
Note 1: If a request for the reconsideration of the decision is made, the reconsideration decision must be published under section 104.
Note 2: For the disclosure of protected information, see Division 4 of Part 7 of the Commission Act.

Part 4Quality reviews of servicesDivision 1Introduction49Simplified outline of this Part

This Part provides for quality reviews of home services and Aboriginal and Torres Strait Islander services.
A quality review of a home service must be conducted at least once every 3 years. The process is as follows:
(a)
the Commissioner must form an assessment team to conduct a quality audit of the service;
(b)
the assessment team must prepare a quality audit report for the Commissioner;
(c)
the Commissioner must give a copy of the quality audit report to the home service provider of the service;
(d)
the provider may give the Commissioner a written response to the quality audit report;
(e)
the Commissioner must prepare a performance report about the service, give a copy to the provider and publish the report on the Commission’s website.
A quality review of an Aboriginal and Torres Strait Islander service must be conducted in accordance with the Quality Review Guidelines.

Division 2Specified aged care services50Specification of aged care services

For the purposes of subparagraph 19(b)(ii) of the Commission Act, the following aged care services are specified:
(a)
flexible care services through which short‑term restorative care is provided in a home care setting;
(b)
flexible care services through which transition care is provided in a home care setting by a person other than the approved provider in respect of the flexible care service, on the approved provider’s behalf, under a contract or arrangement entered into between the approved provider and the other person.

Division 3Quality reviews of servicesSubdivision APurpose of this Division51Purpose of this Division

This Division is made for the purposes of subsection 21(1) and paragraphs 21(4)(c) and (g) of the Commission Act.

Subdivision BQuality reviews of home services52Quality reviews must be conducted every 3 years

(1)
The Commissioner must ensure that a quality review of a home service is conducted at least once every 3 years in accordance with this Subdivision.
(2)
If the same person or body provides 2 or more of the following:
1. (a)
  a home care service;
2. (b)
  a flexible care service through which short‑term restorative care is provided in a home care setting;
3. (ba)
  a flexible care service through which transition care is provided in a home care setting by a person other than the approved provider in respect of the flexible care service, on the approved provider’s behalf, under a contract or arrangement entered into between the approved provider and the other person;
4. (c)
  a home support service;
the Commissioner may, if the Commissioner considers it appropriate to do so, conduct a quality review of those services at the same time.

53Quality reviews must include quality audits

(1)
A quality review of a home service must include a quality audit of the home service.
(2)
A quality audit of a home service:
1. (a)
  must be conducted on the premises of the home service provider of the service; and
2. (b)
  may, in addition, be conducted on premises on which the service is provided.
Note: A regulatory official may, for the purposes of this section, enter premises and exercise search powers in relation to the premises in accordance with Division 3 of Part 8 of the Commission Act.

53ACommissioner must appoint assessment team to conduct quality audit

(1)
The Commissioner must:
1. (a)
  appoint one or more quality assessors to form an assessment team to conduct a quality audit of a home service; and
2. (b)
  give the team any relevant information or documents.
(2)
However, the Commissioner must not appoint a quality assessor to form the assessment team to conduct the quality audit of the service if:
1. (a)
  at any time during the 3 year period preceding the proposed appointment, the assessor was employed by, or provided services to, the home service provider of the service; or
2. (b)
  the assessor has a pecuniary or other interest that could conflict with the proper conduct of the audit.

53BNotice of quality audit

(1)
The Commissioner must give the home service provider of a home service a written notice:
1. (a)
  specifying the day or days on which a quality audit of the home service is to be conducted; and
2. (b)
  setting out the form of words to be used to tell aged care consumers of the service, and the nominated representatives of those consumers, about the quality audit.
(2)
If the home service provider of a home service is given a notice under subsection (1), the provider must take all reasonable steps to use the form of words set out in the notice to tell each aged care consumer of the service, and the nominated representatives of those consumers, about the quality audit.
(3)
If the quality audit is to be conducted on premises on which the home service is provided, the Commissioner must give the occupier of the premises a written notice specifying the day or days on which the quality audit is to be conducted on the premises.
(4)
The Commissioner is not required to comply with subsection (1) or (3) if the Commissioner considers, on reasonable grounds, that the home service provider of the home service may not be complying with the Aged Care Quality Standards in relation to the service.

54Conduct of quality audit

(1)
The assessment team for a quality audit of a home service must conduct the audit in accordance with any directions given to the team by the Commissioner.
(2)
In conducting the quality audit of the home service, the assessment team must:
1. (a)
  assess the quality of care and services provided through the serviceagainst the Aged Care Quality Standards; and
2. (b)
  consider any relevant information about the quality of care and services provided through the service that was given to the team by:
  1. (i)
    an aged care consumer, or former aged care consumer, of the service; or
  2. (ii)
    a nominated representative of such an aged care consumer or former aged care consumer; and
3. (c)
  consider any relevant information given to the team by the Commissioner, including any information or documents given to the team under paragraph 53A(1)(b); and
4. (d)
  consider any relevant information given to the Commissioner or the team by the home service provider of the service.

55Quality audit meetings and discussions

(1)
On each day on which a quality audit of a home service is conducted at the premises of the home service provider of the service, a member of the assessment team for the audit must meet with the home service provider to discuss the progress of the audit.
(2)
If an aged care consumer of the home service, or a nominated representative of such a consumer, asks to meet the assessment team, or a member of the team, during the quality audit, the home service provider of the service must take all reasonable steps to enable a member of the team to meet the consumer or representative privately.
(3)
If a former aged care consumer of the home service, or a nominated representative of such a consumer, asks to talk to the assessment team, or a member of the team, during the quality audit, the home service provider of the service must tell a member of the team about the request.

55AExit meeting

On the last day on which a quality audit of a home service is conducted, a member of the assessment team for the audit must meet with the home service provider to discuss the key issues that the team identified during the audit.

56Quality audit report prepared by assessment team

Quality audit report must be prepared
(1)
The assessment team for a quality audit of a home service must prepare a written report (the quality audit report) about the service.
(2)
The quality audit report:
(a)
must include an assessment of the home service provider’s performance, in relation to the home service, against the Aged Care Quality Standards; and
(b)
may also include any other matters the assessment team considers relevant.
Quality audit report must be given to the Commissioner
(3)
The assessment team must give the quality audit report to the Commissioner within 7 days after quality audit is completed.
Copy of quality audit report to be given to home service provider
(4)
As soon as practicable after receiving the quality audit report, the Commissioner must give a copy of the report to the home service provider of the home service.
(5)
The home service provider of the home service may, within 14 days after receiving the copy of the quality audit report, give the Commissioner a written response to the report.

57Performance report prepared by Commissioner

(1)
If the Commissioner is given, under subsection 56(3), a quality audit report about a home service, the Commissioner must, within 28 days after the Commissioner is given the report:
1. (a)
  prepare a written report (the performance report) about the service; and
2. (b)
  give a copy of the performance report to the home service provider of the service; and
3. (c)
  publish the report on the Commission’s website.
(2)
In preparing the performance report, the Commissioner must take into account the following matters:
1. (a)
  the quality audit report;
2. (b)
  any response to the quality audit report given to the Commissioner by the home service provider of the service under subsection 56(5);
3. (c)
  any relevant information given to the Commissioner, or to the assessment team for the quality audit of the service:
  1. (i)
    by an aged care consumer, or a former aged care consumer, of the service; or
  2. (ii)
    a nominated representative of such an aged care consumer or former aged care consumer;
4. (d)
  any relevant information about the home service provider of the service given to the Commissioner by the Secretary;
5. (e)
  any other relevant matter.
(3)
The performance report:
1. (a)
  must include an assessment of the home service provider’s performance, in relation to the home service, against the Aged Care Quality Standards; and
2. (b)
  may specify any areas in which improvements in relation to the home service must be made to ensure the Aged Care Quality Standards are complied with; and
3. (c)
  may also include any other matters the Commissioner considers relevant.

Subdivision CQuality reviews of Aboriginal and Torres Strait Islander services58Quality reviews of Aboriginal and Torres Strait Islander services

The Commissioner must conduct a quality review of an Aboriginal and Torres Strait Islander service in accordance with the Quality Review Guidelines.

Part 5Monitoring of servicesDivision 1Introduction59Simplified outline of this Part

This Part provides for the monitoring of accredited services, previously accredited services, home services and Aboriginal and Torres Strait Islander services.
The approved provider of an accredited service or a residential service, and the home service provider of a home service, must have a plan for continuous improvement for the service. The plan must, among other things, set out how the provider will:
(a)
assess the quality of care and services provided through the service against the Aged Care Quality Standards; and
(b)
monitor and improve the quality of care and services provided through the service as measured against those Standards.
The Commissioner may direct the provider to revise the plan for continuous improvement for the service.
A regulatory official may make an assessment contact with the approved provider of an accredited service or a previously accredited service, or the home service provider of a home service, in accordance with arrangements notified to the provider or at any other time (with or without notice).
If a purpose of the assessment contact is to assess the provider’s performance, in relation to a service covered by the assessment contact, against the Aged Care Quality Standards:
(a)
a regulatory official must prepare an assessment contact report for the Commissioner; and
(b)
the Commissioner must give a copy of the report to the provider; and
(c)
the provider may give the Commissioner a written response to the report; and
(d)
the Commissioner must prepare a performance report about the service, give a copy to the provider and publish the report on the Commission’s website.
The Commissioner may arrange for a review audit of an accredited service to be conducted in certain circumstances. The process is as follows:
(a)
the Commissioner must form an assessment team to conduct the review audit;
(b)
the assessment team must prepare a review audit report for the Commissioner;
(c)
the Commissioner must give a copy of the report to the approved provider of the service;
(d)
the provider may give the Commissioner a written response to the report;
(e)
the Commissioner must prepare a performance report about the service and give a copy to the provider.
Following the review audit the Commissioner must decide whether to revoke the service’s accreditation. If the Commissioner decides not to revoke the service’s accreditation, the Commissioner must decide whether to vary the service’s period of accreditation. The Commissioner’s decisions must be published on the Commission’s website.
The Commissioner must monitor an Aboriginal and Torres Strait Islander service in accordance with the Quality Review Guidelines.

Division 2Specified aged care services60Specification of aged care services

For the purposes of subparagraph 19(c)(iii) of the Commission Act, the following aged care services are specified:
(a)
flexible care services through which short‑term restorative care is provided in a residential care setting;
(b)
flexible care services through which short‑term restorative care is provided in a home care setting;
(c)
flexible care services through which transition care is provided in a residential care setting;
(d)
flexible care services through which transition care is provided in a home care setting by a person other than the approved provider in respect of the flexible care service, on the approved provider’s behalf, under a contract or arrangement entered into between the approved provider and the other person.

Division 3Purpose of Divisions 4 to 861Purpose of Divisions 4 to 8

Divisions 4 to 8 of this Part are made for the purposes of subsection 21(1), paragraphs 21(4)(d), (e) and (g) and subsections 21(5) and (6) of the Commission Act.

Division 4Plans for continuous improvement62Plans for continuous improvement required for accredited services, residential services and home care services

162Publication of decisions made before 1 January 2020 relating to accreditation following review audit

(1)
This section applies if, before 1 January 2020, the Commissioner made a decision mentioned in section 80.
(2)
Section 80, as in force immediately before 1 January 2020, continues to have effect in relation to the decision.

163Reviewable Commissioner decisions

The amendments of section 98 made by the amending instrument apply in relation to a decision made before, on or after 1 January 2020.

164Reconsideration of complaints reviewable decisions

The amendments of section 100 made by the amending instrument apply in relation to a request for reconsideration made before, on or after 1 January 2020.

165Reconsideration of regulatory reviewable decisions

The amendments of section 101 made by the amending instrument apply in relation to a request for reconsideration made before, on or after 1 January 2020.

Division 4Amendments made by the Aged Care Legislation Amendment (Reportable Incidents) Instrument 2022166Final report about reportable incident

Subsection 95E(3), as inserted by the Aged Care Legislation Amendment (Reportable Incidents) Instrument 2022, applies in relation to a final report given to the Commissioner before, on or after 1 December 2022.

167Action by Commissioner to deal with a reportable incident

Paragraphs 95G(1)(a) and (aa), as inserted by the Aged Care Legislation Amendment (Reportable Incidents) Instrument 2022, apply in relation to a reportable incident notified before, on or after 1 December 2022.

168Reportable incidents for a service provider of a Commonwealth‑funded aged care service

Division 3 of Part 6A, as inserted by the Aged Care Legislation Amendment (Reportable Incidents) Instrument 2022, applies in relation to a reportable incident notified on or after 1 December 2022.

Schedule 1Code of Conduct

Note: See section 23AC.

1Code of Conduct

When providing care, supports and services to people, I must:
(a)
act with respect for people’s rights to freedom of expression, self‑determination and decision‑making in accordance with applicable laws and conventions; and
(b)
act in a way that treats people with dignity and respect, and values their diversity; and
(c)
act with respect for the privacy of people; and
(d)
provide care, supports and services in a safe and competent manner, with care and skill; and
(e)
act with integrity, honesty and transparency; and
(f)
promptly take steps to raise and act on concerns about matters that may impact the quality and safety of care, supports and services; and
(g)
provide care, supports and services free from:
(i)
all forms of violence, discrimination, exploitation, neglect and abuse; and
(ii)
sexual misconduct; and
(h)
take all reasonable steps to prevent and respond to:
(i)
all forms of violence, discrimination, exploitation, neglect and abuse; and
(ii)
sexual misconduct.

2Application to approved providers and aged care workers and governing persons of approved providers

(1)
The provisions of the Code of Conduct set out in clause 1 apply as if:
1. (a)
  the references to “care, supports and services” were references to care, including aged care; and
2. (b)
  the references to “people” were references to care recipients; and
3. (c)
  the reference to “I” was a reference to all of the following:
  1. (i)
    an approved provider;
  2. (ii)
    an aged care worker of an approved provider;
  3. (iii)
    a governing person of an approved provider.
(2)
For the purposes of the application of the provisions of the Code of Conduct set out in clause 1 to the provision of care, including aged care, to care recipients by a governing person of an approved provider (in accordance with subclause (1) of this clause), the provisions apply to the performance by the governing person of the responsibilities and functions of the governing person.
Note: For the definitions of approved provider, aged care worker of an approved provider, and governing person of an approved provider, see section 7 of the Commission Act.

Endnotes

Endnote 1About the endnotes

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

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

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

Legislation history and amendment history—Endnotes 3 and 4

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

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

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

Editorial changes

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

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

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe 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 Legislation Act 2003.

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.

Endnote 2Abbreviation key

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

Endnote 3Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Aged Care Quality and Safety Commission Rules 2018	24 Dec 2018 (F2018L01837)	1 Jan 2019 (s 2(1) item 1)
Aged Care Legislation Amendment (Single Quality Framework Consequential Amendments and Transitional Provisions) Instrument 2019	3 Apr 2019 (F2019L00515)	Sch 1 (items 1–41): 1 July 2019 (s 2(1) item 1)	—
Aged Care Quality and Safety Commission Amendment (Integration of Functions) Rules 2019	20 Dec 2019 (F2019L01684)	1 Jan 2020 (s 2(1) item 1)	—
Aged Care Legislation Amendment (New Commissioner Functions) Instrument 2019	23 Dec 2019 (F2019L01696)	Sch 1 (items 8–36): 1 Jan 2020 (s 2(1) item 1)	—
Aged Care Legislation Amendment (Serious Incident Response Scheme) Instrument 2021	9 Mar 2021 (F2021L00222)	Sch 1 (items 3, 6–9): 1 Apr 2021 (s 2(1) item 1)	—
Aged Care Legislation Amendment (Transition Care) Instrument 2021	15 June 2021 (F2021L00753)	Sch 1 (items 19–32): 16 June 2021 (s 2(1) item 4)	—
Aged Care Legislation Amendment (Requirements for Staff Members and Volunteers) Instrument 2021	15 June 2021 (F2021L00758)	Sch 1 (items 17–20): 16 June 2021 (s 2(1) item 1)	—
Aged Care Legislation Amendment (Improved Home Care Payment Administration) Instrument 2021	18 Aug 2021 (F2021L01133)	Sch 1 (item 23): 1 Sept 2021 (s 2(1) item 1)	—
Aged Care Legislation Amendment (Reportable Incidents) Instrument 2022	29 Sept 2022 (F2022L01275)	Sch 2: 1 Dec 2022 (s 2(1) item 3)	—
Aged Care Legislation Amendment (Transition Care) Instrument 2022	11 Nov 2022 (F2022L01453)	Sch 1 (items 1–7): 1 Dec 2022 (s 2(1) item 1)	—
Aged Care Quality and Safety Commission Amendment (Code of Conduct and Banning Orders) Rules 2022	14 Nov 2022 (F2022L01457)	1 Dec 2022 (s 2(1) item 1)	—
Aged Care Legislation Amendment (Incident Management and Reporting) Instrument 2022	30 Nov 2022 (F2022L01542)	Sch 1 (items 1, 2): 1 Dec 2022 (s 2(1) item 1)	—
Aged Care Quality and Safety Commission Amendment (Commissioner Functions) Rules 2023	27 June 2023 (F2023L00874)	1 July 2023 (s 2(1) item 1)	—
Aged Care Quality and Safety Commission Amendment (Code of Conduct) Rules 2023	23 Oct 2023 (F2023L01404)	24 Oct 2023 (s 2(1) item 1)	—
Aged Care Quality and Safety Commission Amendment (Administrative Review Tribunal) Rules 2024	8 Oct 2024 (F2024L01274)	14 Oct 2024 (s 2(1) item 1)	—

Endnote 4Amendment history

Provision affected	How affected
Part 1
Division 1
s 2.................................................	rep LA s 48D
Division 2
s 4.................................................	am F2019L00515; F2019L01684; F2019L01696, F2021L00222; F2021L00758; F2022L01453; F2022L01457; F2022L01542
s 5.................................................	am F2019L00515
rs F2019L01684
s 7.................................................	rs F2019L01684
Part 1A
Part 1A..........................................	ad F2023L00874
s 8A..............................................	ad F2023L00874
Part 2
Division 1
s 9.................................................	am F2019L01684
Division 4
s 13...............................................	am F2019L01684; F2019L01696
s 15...............................................	am F2019L01696; F2022L01457
s 17...............................................	am F2019L01696; F2021L00222
Division 5
s 21...............................................	am F2019L01684; F2019L01696; F2021L00222
Division 6
s 23...............................................	am F2019L01696; F2021L00222
Part 2A
Part 2A..........................................	ad F2022L01457
s 23AA..........................................	ad F2022L01457
s 23AB..........................................	ad F2022L01457
s 23AC..........................................	ad F2022L01457
Part 2B
Part 2B..........................................	ad F2022L01457
Division 1
s 23BA..........................................	ad F2022L01457
Division 2
s 23BB..........................................	ad F2022L01457
Division 3
s 23BC..........................................	ad F2022L01457
s 23BD..........................................	ad F2022L01457
s 23BE..........................................	ad F2022L01457
am F2023L01404
s 23BF..........................................	ad F2022L01457
s 23BG..........................................	ad F2022L01457
Division 4
s 23BH..........................................	ad F2022L01457
s 23BI...........................................	ad F2022L01457
Part 2C
Part 2C..........................................	ad F2022L01457
Division 1
s 23CA..........................................	ad F2022L01457
Division 2
s 23CB..........................................	ad F2022L01457
Division 3
s 23CC..........................................	ad F2022L01457
s 23CD..........................................	ad F2022L01457
s 23CE..........................................	ad F2022L01457
s 23CF..........................................	ad F2022L01457
Division 4
s 23CG..........................................	ad F2022L01457
Part 3
Division 1
s 24...............................................	rs F2019L01684
Division 3
Subdivision B
s 28...............................................	am F2019L00515
Subdivision C
Subdivision C................................	rs F2019L01684
s 29...............................................	am F2019L00515
rs F2019L01684
s 30...............................................	am F2019L00515
rs F2019L01684
s 31...............................................	rs F2019L01684
Subdivision D
Subdivision D heading....................	rs F2019L01684
s 32...............................................	am F2019L01684
s 33...............................................	am F2019L01684
s 35...............................................	rep F2019L01684
s 36...............................................	am F2019L00515; F2019L01684
s 38...............................................	am F2019L01684
s 40...............................................	am F2019L00515; F2019L01684
s 40A............................................	ad F2019L01684
s 41...............................................	am F2019L00515
rs F2019L01684
am F2021L00753
s 42...............................................	am F2019L00515; F2019L01684
s 43...............................................	am F2019L01684
Subdivision E
s 44...............................................	am F2021L00753
s 45...............................................	am F2019L01684; F2021L00753
Subdivision G
s 48...............................................	rs F2019L01684
Part 4
Division 1
s 49...............................................	rs F2019L01684
Division 2
s 50...............................................	rs F2022L01453
Division 3
Subdivision B
s 52...............................................	am F2022L01453
s 53...............................................	am F2019L00515
rs F2019L01684
s 53A............................................	ad F2019L01684
s 53B............................................	ad F2019L01684
s 54...............................................	am F2019L00515
rs F2019L01684
s 55...............................................	rs F2019L01684
s 55A............................................	ad F2019L01684
s 56...............................................	am F2019L00515
rs F2019L01684
s 57...............................................	am F2019L00515
rs F2019L01684
Subdivision C
s 58...............................................	am F2019L01684
Part 5
Division 1
s 59...............................................	am F2019L00515
rs F2019L01684
Division 2
s 60...............................................	am F2022L01453
Division 4
s 62...............................................	rs F2019L00515
am F2019L01684
s 63...............................................	rep F2019L00515
ad F2019L01684
s 63A............................................	ad F2019L01684
Division 5
Division 5 heading..........................	rs F2019L01684
Subdivision A heading....................	rep F2019L01684
s 64...............................................	rs F2019L01684
s 65...............................................	rs F2019L01684
s 66...............................................	rs F2019L01684
s 67...............................................	am F2019L01684
s 68...............................................	am F2019L00515
rs F2019L01684
s 68A............................................	ad F2019L01684
Subdivision B................................	rep F2019L01684
s 69...............................................	rep F2019L01684
Division 6
Subdivision A
s 70...............................................	am F2019L00515; F2019L01684; F2019L01696
s 73...............................................	am F2019L00515; F2019L01684
s 74...............................................	am F2019L01684
s 76...............................................	am F2019L00515; F2019L01684
s 76A............................................	ad F2019L01684
Subdivision B
s 77...............................................	am F2019L00515
rs F2019L01684
am F2021L00753
s 78...............................................	am F2019L01684; F2021L00753
s 79...............................................	am F2019L00515; F2019L01684
Subdivision C
s 80...............................................	am F2019L01684
Division 7 heading..........................	am F2019L00515
rep F2019L01684
Division 7......................................	rep F2019L01684
s 81...............................................	rs F2019L00515
rep F2019L01684
s 82...............................................	rep F2019L00515
s 83...............................................	rep F2019L01684
Subdivision B heading....................	am F2019L00515
rep F2019L01684
s 84...............................................	am F2019L00515
rep F2019L01684
s 85...............................................	am F2019L00515
rep F2019L01684
Division 8
s 86...............................................	am F2019L01684
Part 6
Division 2
s 90...............................................	am F2021L00758
s 91...............................................	am F2019L01684
s 92...............................................	am F2021L00758
Part 6A
Part 6A..........................................	ad F2021L00222
Division 1
s 95A............................................	ad F2021L00222
rs F2022L01275
Division 2
Division 2 heading..........................	am F2022L01275
s 95B............................................	ad F2021L00222
s 95C............................................	ad F2021L00222
s 95D............................................	ad F2021L00222
am F2022L01542
s 95E.............................................	ad F2021L00222
am F2022L01275
s 95F.............................................	ad F2021L00222
s 95G............................................	ad F2021L00222
am F2022L01275; F2022L01542
s 95H............................................	ad F2021L00222
am F2022L01275; F2022L01457; F2022L01542
s 95J.............................................	ad F2021L00222
rs F2022L01275
Division 3
Division 3......................................	ad F2022L01275
Subdivision A
s 95K............................................	ad F2022L01275
Subdivision B
s 95L.............................................	ad F2022L01275
s 95M............................................	ad F2022L01275
s 95N............................................	ad F2022L01275
Part 7
Division 1
s 96...............................................	am F2019L01696; F2024L01274
Division 2
s 98...............................................	am F2019L01684; F2019L01696; F2021L00753
s 99...............................................	am F2019L01696
s 100.............................................	am F2019L01684; F2019L01696
s 101.............................................	am F2019L01684; F2019L01696; F2024L01274
s 102.............................................	am F2019L01696; F2024L01274
s 103.............................................	am F2019L01696; F2024L01274
s 104.............................................	am F2021L00753; F2024L01274
Part 8
Division 2
s 107.............................................	rep F2019L01684
s 108.............................................	am F2019L01684
s 109.............................................	am F2019L00515
Part 8A
Part 8A..........................................	ad F2019L01696
s 111A..........................................	ad F2019L01696
Part 8B
Part 8B..........................................	ad F2019L01696
Division 1
s 111B...........................................	ad F2019L01696
Division 2
s 111C...........................................	ad F2019L01696
s 111D..........................................	ad F2019L01696
am F2021L01133
Division 3
s 111E...........................................	ad F2019L01696
Division 4
s 111F...........................................	ad F2019L01696
Part 9
Division 1
Division 1 heading..........................	rs F2019L00515
Subdivision A
Subdivision A heading....................	ad F2019L00515
s 112.............................................

am F2019L00515; F2019L01684

Subdivision B

Division 2 heading..........................

rep F2019L00515

Subdivision B heading....................

ad F2019L00515

Subdivision C

Division 3 heading..........................

rep F2019L00515

Subdivision C heading....................

ad F2019L00515

Subdivision D

Division 4 heading..........................

rep F2019L00515

Subdivision D heading....................

ad F2019L00515

Subdivision E

Division 5 heading..........................

rep F2019L00515

Subdivision E heading.....................

ad F2019L00515

Subdivision F

Division 6 heading..........................

rep F2019L00515

Subdivision F heading.....................

ad F2019L00515

Subdivision G

Division 7 heading..........................

rep F2019L00515

Subdivision G heading....................

ad F2019L00515

s 131.............................................

am F2019L01696

s 132.............................................

am F2019L01696

s 133.............................................

am F2019L01696

s 134.............................................

am F2019L01696

s 135.............................................

am F2019L01696

Division 2

Division 2......................................

ad F2019L00515

s 138.............................................

ad F2019L00515

s 139.............................................

ad F2019L00515

s 140.............................................

ad F2019L00515

s 141.............................................

ad F2019L00515

s 142.............................................

ad F2019L00515

s 143.............................................

ad F2019L00515

s 144.............................................

ad F2019L00515

s 145.............................................

ad F2019L00515

s 146.............................................

ad F2019L00515

s 147.............................................

ad F2019L00515

s 148.............................................

ad F2019L00515

s 149.............................................

ad F2019L00515

Division 3

Division 3......................................

ad F2019L01684

s 150.............................................

ad F2019L01684

s 151.............................................

ad F2019L01684

s 152.............................................

ad F2019L01684

s 153.............................................

ad F2019L01684

s 154.............................................

ad F2019L01684

s 155.............................................

ad F2019L01684

s 156.............................................

ad F2019L01684

s 157.............................................

ad F2019L01684

s 158.............................................

ad F2019L01684

s 159.............................................

ad F2019L01684

s 160.............................................

ad F2019L01684

s 161.............................................

ad F2019L01684

s 162.............................................

ad F2019L01684

s 163.............................................

ad F2019L01684

s 164.............................................

ad F2019L01684

s 165.............................................

ad F2019L01684

Division 4

Division 4......................................

ad F2022L01275

s 166.............................................

ad F2022L01275

s 167.............................................

ad F2022L01275

s 168.............................................

ad F2022L01275

Schedule 1

Schedule 1.....................................

ad F2022L01457

c 1................................................

ad F2022L01457

c 2................................................

ad F2022L01457