Australian Aged Care Quality Agency (Other Functions) Instrument 2015 (Cth)

Australian Aged Care Quality Agency (Other Functions) Instrument 2015

made under para 12(h) of the

Australian Aged Care Quality Agency Act 2013

Compilation No. 1

Compilation date:    6 May 2016

Includes amendments up to:            F2016L00666

Registered:   10 May 2016

About this compilation

This compilation

This is a compilation of the Australian Aged Care Quality Agency (Other Functions) Instrument 2015 that shows the text of the law as amended and in force on 6 May 2016 (the compilation date).

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

Uncommenced amendments

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

Application, saving and transitional provisions for provisions and amendments

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

Editorial changes

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

Modifications

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

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

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

4............ Authority....................................................................................................................... 1

5............ Definitions..................................................................................................................... 1

5A......... Other functions of the CEO........................................................................................... 1

Schedule 1—Other functions of the CEO  2

Part 1—Additional functions commencing 1 July 2015  2

1............ Specification of other functions of the Australian Aged Care Quality Agency—National Aboriginal and Torres Strait Islander Flexible Aged Care Programme....................................................................... 2

2............ Specification of other functions of the Australian Aged Care Quality Agency—CHSP 2

Part 2—Other additional functions  3

3............ Functions relating to flexible care provided as short‑term restorative care..................... 3

Endnotes3

Endnote 1—About the endnotes  3

Endnote 2—Abbreviation key  5

Endnote 3—Legislation history  6

Endnote 4—Amendment history  7

1  Name

This is the Australian Aged Care Quality Agency (Other Functions) Instrument 2015.

4  Authority

This instrument is made under paragraph 12(h) of the Australian Aged Care Quality Agency Act 2013.

5  Definitions

In this instrument:

Act means the Australian Aged Care Quality Agency Act 2013.

CHSP means the Commonwealth Home Support Programme.

Department means the Commonwealth agency that has responsibility for administering the Aged Care Act 1997.

Flexible Care Standards means the Flexible Care Standards set out in the Quality of Care Principles made under section 96‑1 of the Aged Care Act 1997.

HACC means the Commonwealth Home and Community Care Program.

Home Care Standards means the Home Care Common Standards set out in the Quality of Care Principles made under section 96‑1 of the Aged Care Act 1997.

NRCP means the National Respite for Carers Program.

5A  Other functions of the CEO

For paragraph 12(h) of the Act, Schedule 1 sets out other functions of the CEO.

Schedule 1—Other functions of the CEO

Note:       See section 5A.

Part 1—Additional functions commencing 1 July 2015

1  Specification of other functions of the Australian Aged Care Quality Agency—National Aboriginal and Torres Strait Islander Flexible Aged Care Programme

The CEO of the Quality Agency has the following functions:

(a)  to conduct a quality review of services funded under the National Aboriginal and Torres Strait Islander Flexible Aged Care Programme in accordance with the Quality Framework (as set out in the Schedule of the National Aboriginal and Torres Strait Islander Flexible Aged Care Comprehensive Grant Agreement);

(b)  if the CEO of the Quality Agency becomes aware of evidence of a failure by a provider of services described in paragraph (a) to comply with the Quality Framework (as set out in the Schedule of the National Aboriginal and Torres Strait Islander Flexible Aged Care Comprehensive Grant Agreement), as soon as possible after the CEO becomes aware of the evidence, the CEO must inform the Secretary, in writing, about the evidence.

2  Specification of other functions of the Australian Aged Care Quality Agency—CHSP

The CEO of the Quality Agency has the following functions:

(a)  to conduct a quality review of CHSP services in accordance with the Home Care Standards made under the Aged Care Act 1997;

(b)  if the CEO of the Quality Agency becomes aware of evidence of a failure by a provider of services described in paragraph (a) to comply with the Home Care Standards, as soon as possible after the CEO becomes aware of the evidence, the CEO must inform the Secretary, in writing, about the evidence.

Part 2—Other additional functions

3  Functions relating to flexible care provided as short‑term restorative care

The CEO has the following functions:

(a)  in relation to flexible care services through which short‑term restorative care is provided in a residential care setting—to accredit the flexible care services in accordance with the Quality Agency Principles, and the Flexible Care Standards that apply to the services;

(b)  in relation to flexible care services through which short‑term restorative care is provided in a home care setting—to conduct the quality review of the flexible care services in accordance with the Quality Agency Principles, and the Flexible Care Standards that apply to the services.

Endnotes

Endnote 1—About the endnotes

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

The following endnotes are included in every compilation:

Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

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

Legislation history and amendment history—Endnotes 3 and 4

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

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

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

Editorial changes

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

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

Misdescribed amendments

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

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

Endnote 2—Abbreviation key

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

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Australian Aged Care Quality Agency (Other Functions) Specification 2015	30 June 2015 (F2015L01024)	1 July 2015 (s 2 items 1, 2)
Australian Aged Care Quality Agency (Other Functions) Amendment (Short‑term Restorative Care) Instrument 2016	5 May 2016 (F2016L00666)	6 May 2016 (s 2(1) item 1)	—

Endnote 4—Amendment history

Provision affected	How affected
Title..........................................	am F2016L00666
s 1.............................................	rs F2016L00666
s 2.............................................	rep LA s 48D
s 3.............................................	rep LA s 48C
s 4.............................................	am F2016L00666
s 5.............................................	am F2016L00666
s 5A..........................................	ad F2016L00666
Schedule 1
Schedule 1 heading...................	rs F2016L00666
Part 1
c 1.............................................	am F2016L00666
c 2.............................................	am F2016L00666
Part 2
Part 2........................................	rep 31 Oct 2015 (Sch 1 c 4)
ad F2016L00666
c 3.............................................	rep 31 Oct 2015 (Sch 1 c 4)
ad F2016L00666
c 4.............................................	rep 31 Oct 2015 (c 4)