Commissioner Principles 2015 (Cth)

Commissioner Principles 2015

I, Sussan Ley, Minister for Aged Care, make the following principles.

Dated   20 December               2015

Sussan Ley

Minister for Aged Care

Contents

Part 1—Preliminary  1

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

2............ Commencement............................................................................................................. 1

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

4............ Definitions..................................................................................................................... 1

Part 2—Aged Care Complaints Commissioner  2

5............ Purpose of this Part....................................................................................................... 2

6............ Annual reports............................................................................................................... 2

Part 1—Preliminary

1  Name

These are the Commissioner Principles 2015.

2  Commencement

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

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  The whole of this instrument	1 January 2016.	1 January 2016

Note:          This table relates only to the provisions of this instrument as originally made.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

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

3  Authority

This instrument is made under section 96‑1 of the Aged Care Act 1997.

4  Definitions

In this instrument:

Act means the Aged Care Act 1997.

Complaints Principles means the Complaints Principles 2015.

Quality Agency means the Australian Aged Care Quality Agency established by the Australian Aged Care Quality Agency Act 2013.

resolution process has the same meaning as in the Complaints Principles.

Part 2—Aged Care Complaints Commissioner

5  Purpose of this Part

For subsection 95A‑12(2) of the Act, this Part sets out information that is required to be included in a report, given to the Minister under subsection 95A‑12(1) of the Act, on the Aged Care Complaints Commissioner’s operations during a financial year.

6  Annual reports

For subsection 95A‑12(2) of the Act, a report on the Aged Care Complaints Commissioner’s operations during a financial year must include the following information:

(a)  an assessment of the performance of the Commissioner’s functions during the financial year, using any performance indicators or outcomes set out for the Commissioner in portfolio budget statements for the financial year;

(b)  the number of times the Commissioner was contacted during the financial year;

(c)  of those contacts, the number that were within the scope of the Commissioner’s functions;

(d)  the number of complaints made to the Commissioner under the Complaints Principles during the financial year, including:

(i)  the number that related to residential care; and

(ii)  the number that related to home care; and

(iii)  the number that related to flexible care;

(e)  the issue or issues most commonly raised in those complaints;

(f)  the number of complaints finalised during the financial year and what approaches were used in finalising the complaints;

(g)  the number of resolution processes undertaken by the Commissioner during the financial year on his or her own initiative, including:

(i)  a summary of the nature of the issues that were the subject of the resolution processes; and

(ii)  how many of the resolution processes were finalised during the financial year;

(h)  the number of visits to premises of aged care services undertaken during the financial year, including:

(i)  the number of announced visits; and

(ii)  the number of unannounced visits;

(i)  the number of notices of intention given to approved providers under the Complaints Principles during the financial year;

(j)  the number of directions given to approved providers under the Complaints Principles during the financial year, and a summary of the nature of those directions;

(k)  the number of issues referred by the Commissioner during the financial year, including:

(i)  a summary of the nature of the issues referred; and

(ii)  the number of issues referred to the Secretary; and

(iii)  the number of issues referred to the Quality Agency;

(l)  the number of decisions reconsidered under the Complaints Principles during the financial year;

(m)  the number and kind of education and training activities undertaken by the Commissioner during the financial year;

(n)  the number of requests for advice made by the Minister to the Commissioner during the financial year, including:

(i)  a summary of the nature of the requests; and

(ii)  a summary of the nature of the advice provided in response to the requests.