Committee Principles 2013 (Cth)
Committee Principles 2013
as amended
made under section 96‑1 of the
Aged Care Act 1997
Compilation start date: 24 December 2013
Includes amendments up to: Committee Amendment (Aged Care Financing Authority) Principle 2013
About this compilation
This compilation
This is a compilation of the Committee Principles 2013 as in force on 24 December 2013. It includes any commenced amendment affecting the legislation to that date.
This compilation was prepared on 24 December 2013.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary 1
10.1....... Name of principles........................................................................................................ 1
10.3....... Authority....................................................................................................................... 1
10.4....... Definitions..................................................................................................................... 1
Part 2—Aged Care Financing Authority 2
10.5....... Functions....................................................................................................................... 2
10.6....... Directions by Minister................................................................................................... 2
10.7....... Annual report................................................................................................................ 3
10.8....... Constitution................................................................................................................... 3
10.9....... Appointment of members.............................................................................................. 3
10.10..... Acting appointments...................................................................................................... 4
10.11..... Remuneration................................................................................................................ 5
10.12..... Resignation.................................................................................................................... 5
10.13..... Disclosure of interests to the Minister........................................................................... 5
10.14..... Disclosure of interests to the Aged Care Financing Authority...................................... 5
10.15..... Termination of appointment........................................................................................... 5
10.16..... Other terms and conditions............................................................................................ 6
Endnotes7
Endnote 1—About the endnotes 7
Endnote 2—Abbreviation key 8
Endnote 3—Legislation history 9
Endnote 4—Amendment history 10
Endnote 5—Uncommenced amendments [none] 11
Endnote 6—Modifications [none] 11
Endnote 7—Misdescribed amendments [none] 11
Endnote 8—Miscellaneous [none] 11
Part 1—Preliminary
10.1 Name of principles
These principles are the Committee Principles 2013.
10.3 Authority
These principles are made under section 96‑1 of the Aged Care Act 1997.
10.4 Definitions
In these principles:
Act means the Aged Care Act 1997.
Aged Care Financing Authority means the committee established under paragraph 96‑3(1)(a) of the Act.
Aged Care Financing Authority member:
(a) means a member of the Aged Care Financing Authority; and
(b) includes the Chair and the Deputy Chair of the Authority;
but does not include a representative mentioned in paragraph 10.8(d) or (e) or the Aged Care Pricing Commissioner.
Part 2—Aged Care Financing Authority
10.5 Functions
(1) The functions of the Aged Care Financing Authority are as follows:
(a) at the request of the Minister, to provide advice to the Minister, in relation to any specific issues relating to the funding and financing of aged care services;
(b) to provide advice to the Minister, by 30 June of each year, on the impact of funding and financing arrangements on:
(i) the viability and sustainability of the aged care sector; and
(ii) the ability of care recipients to access quality aged care; and
(iii) the aged care workforce;
(c) to consider any other matters referred to the Authority by the Minister, and make recommendations to the Minister on those matters, within the times specified by the Minister.
(2) The advice mentioned in paragraph (1)(b) must deal with the impact of:
(a) revenue, cost and productivity movements in the aged care sector; and
(b) accommodation payments and fees for additional services that are charged by approved providers for aged care services.
(3) In performing its functions, the Aged Care Financing Authority must consult the following:
(a) providers of aged care services, or their representatives;
(b) recipients of aged care services, or their representatives;
(c) the aged care workforce, or their representatives;
(d) bodies or organisations that provide funding or finance for aged care services;
(e) any other bodies or organisations that the Authority considers appropriate.
(4) The Aged Care Financing Authority must publish, on the Authority’s website, a copy of any advice or recommendation given to the Minister in the performance of the Authority’s functions. The advice or recommendation must be published within 28 days after it was given to the Minister.
10.6 Directions by Minister
(1) The Minister may give the Aged Care Financing Authority written directions about:
(a) the way in which the Authority is to carry out its functions; and
(b) procedures to be followed in relation to meetings.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(2) The Minister must not give the Aged Care Financing Authority directions about the content of any advice, information or recommendation that may be given by the Authority to the Minister.
(3) Directions given by the Minister under subsection (1) must relate to administrative matters only and be of a general nature.
(4) The Authority must comply with a direction given by the Minister under subsection (1).
(5) A direction given under subsection (1) is not a legislative instrument.
(6) In the absence of any directions under subsection (1), the Authority may determine its own procedures.
10.7 Annual report
(1) The Aged Care Financing Authority must, as soon as practicable after the end of each financial year, prepare and give to the Minister a report on the operations of the Authority during that year.
(2) As soon as practicable after giving the report to the Minister, the Aged Care Financing Authority must publish a copy of the report on the Authority’s website.
10.8 Constitution
The Aged Care Financing Authority consists of the following:
(a) a Chair;
(b) a Deputy Chair;
(c) up to 10 other members;
(d) a representative of the Department administered by the Minister administering the Act;
(e) a representative of the Department administered by the Treasurer;
(f) the Aged Care Pricing Commissioner.
Note: The representatives mentioned in paragraphs (d) and (e) and the Aged Care Pricing Commissioner are not Aged Care Financing Authority members (see the definition of Aged Care Financing Authority member in section 10.4).
10.9 Appointment of members
(1) Each Aged Care Financing Authority member is to be appointed by the Minister by written instrument.
(2) An Aged Care Financing Authority member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
Note: An Aged Care Financing Authority member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(3) An Aged Care Financing Authority member holds office on a part‑time basis.
(4) A person is not eligible for appointment as an Aged Care Financing Authority member (other than the Chair or the Deputy Chair) unless the Minister is satisfied that the person has expertise or experience in at least one of the following fields:
(a) equity finance;
(b) debt finance;
(c) aged care consumer issues;
(d) aged care workforce issues;
(e) the provision of not‑for‑profit aged care services;
(f) the provision of for‑profit aged care services;
(g) any other appropriate field.
10.10 Acting appointments
Chair
(1) The Minister may appoint a person to act as the Chair of the Aged Care Financing Authority:
(a) during a vacancy in the office of the Chair of the Authority (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chair of the Authority:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Deputy Chair
(2) The Minister may appoint a person to act as the Deputy Chair of the Aged Care Financing Authority:
(a) during a vacancy in the office of the Deputy Chair of the Authority (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Deputy Chair of the Authority:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Other members
(3) The Minister may appoint a person to act as an Aged Care Financing Authority member (other than the Chair or the Deputy Chair):
(a) during a vacancy in the office of an Aged Care Financing Authority member (other than the Chair or the Deputy Chair), whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when an Aged Care Financing Authority member (other than the Chair or the Deputy Chair):
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
(4) A person is not eligible for appointment to act as an Aged Care Financing Authority member (other than the Chair or the Deputy Chair) unless the Minister is satisfied that the person has expertise or experience in at least one of the fields mentioned in subsection 10.9(4).
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
10.11 Remuneration
(1) An Aged Care Financing Authority member is to be paid the remuneration and allowances that are determined, in writing, by the Minister.
(2) However, an Aged Care Financing Authority member is not entitled to be paid remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:
(a) a State; or
(b) a corporation (a public statutory corporation) that:
(i) is established for a public purpose by a law of a State; and
(ii) is not a tertiary education institution; or
(c) a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or
(d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.
Note: A similar rule applies to an Aged Care Financing Authority member who has a similar relationship with the Commonwealth or a Territory (see subsection 7(11) of the Remuneration Tribunal Act 1973).
10.12 Resignation
(1) An Aged Care Financing Authority member may resign his or her appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
10.13 Disclosure of interests to the Minister
An Aged Care Financing Authority member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member’s functions.
10.14 Disclosure of interests to the Aged Care Financing Authority
(1) An Aged Care Financing Authority member who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by the Authority must disclose the nature of the interest to a meeting of the Authority.
(2) The disclosure must be made as soon as possible after the relevant facts have come to the member’s knowledge.
(3) The disclosure must be recorded in the minutes of the meeting of the Aged Care Financing Authority.
10.15 Termination of appointment
(1) The Minister may terminate the appointment of an Aged Care Financing Authority member:
(a) for misbehaviour; or
(b) if the member:
(i) is unable to perform the duties of his or her office because of physical or mental incapacity; or
(ii) is absent, without reasonable excuse, from 3 consecutive meetings of the Authority; or
(iii) fails, without reasonable excuse, to comply with section 10.13 or 10.14.
(2) The Minister must terminate the appointment of an Aged Care Financing Authority member if the member:
(a) becomes bankrupt; or
(b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c) compounds with his or her creditors; or
(d) makes an assignment of his or her remuneration for the benefit of his or her creditors.
10.16 Other terms and conditions
An Aged Care Financing Authority member holds office on the terms and conditions (if any) in relation to matters not covered by these principles that are determined, in writing, by the Minister.
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote 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 the compiled law. The information includes commencement information for amending laws and details of 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 level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
Endnote 2—Abbreviation key
| ad = added or inserted | pres = present |
| am = amended | prev = previous |
| c = clause(s) | (prev) = previously |
| Ch = Chapter(s) | Pt = Part(s) |
| def = definition(s) | r = regulation(s)/rule(s) |
| Dict = Dictionary | Reg = Regulation/Regulations |
| disallowed = disallowed by Parliament | reloc = relocated |
| Div = Division(s) | renum = renumbered |
| exp = expired or ceased to have effect | rep = repealed |
| hdg = heading(s) | rs = repealed and substituted |
| LI = Legislative Instrument | s = section(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| mod = modified/modification | Sdiv = Subdivision(s) |
| No = Number(s) | SLI = Select Legislative Instrument |
| o = order(s) | SR = Statutory Rules |
| Ord = Ordinance | Sub-Ch = Sub-Chapter(s) |
| orig = original | SubPt = Subpart(s) |
| par = paragraph(s)/subparagraph(s) /sub-subparagraph(s) |
Endnote 3—Legislation history
| Name | FRLI registration | Commencement | Application, saving and transitional provisions |
| Committee Principles 2013 | 30 July 2013 (see F2013L01464) | 1 Aug 2013 | |
| Committee Amendment (Aged Care Financing Authority) Principle 2013 | 23 Dec 2013 (see F2013L02185) | 24 Dec 2013 | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Pt 1 | |
| s 10.2................................. | rep LIA s 48D |
| s 10.4................................. | am F2013L02185 |
| Pt 2 | |
| hdg to s 10.8....................... | rs F2013L02185 |
| s 10.8................................. | am F2013L02185 |
| Note 1 to s 10.8.................. | rep F2013L02185 |
| Note 2 to s 10.8.................. | rep F2013L02185 |
| Note to s 10.8..................... | ad F2013L02185 |
| Note to s 10.11(1).............. | rep F2013L02185 |
| Pt 3..................................... | rep F2013L02185 |
| s 10.17............................... | rep F2013L02185 |
| s 10.18............................... | rep F2013L02185 |
| s 10.19............................... | rep F2013L02185 |
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]
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