Investigation Amendment Principles 2008 (No. 1) (Cth)
Investigation Amendment Principles 2008 (No. 1)1
Aged Care Act 1997
I, JUSTINE ELLIOT, Minister for Ageing, make these Principles under subsection 96-1 (1) of the Aged Care Act 1997.
Dated 18 December 2008
JUSTINE ELLIOT
Minister for Ageing
Name of Principles
These Principles are the Investigation Amendment Principles 2008 (No. 1).
Commencement
These Principles commence on the commencement of the Aged Care Amendment (2008 Measures No. 2) Act 2008.
Amendment of Investigation Principles 2007
Schedule 1 amends the Investigation Principles 2007.
Schedule 1 Amendments
(section 3)
[1] Before paragraph 16A.21 (a)
insert
(aa) a decision by the Secretary under section 16A.7 not to investigate a matter;
[2] Subsection 16A.23 (1)
substitute
(1) An application for examination must:
(a) state the reasons (other than dissatisfaction with the decision) why examination is sought; and
(b) be received by the Aged Care Commissioner within 14 days after the day when the applicant was told about, or given feedback on, the decision.
[3] After subsection 16A.23 (2)
insert
(3) If an application is made orally, the Commissioner may:
(a) record the application in writing; or
(b) at any time, require the applicant to record the application in writing.
(4) If the Commissioner requires the applicant to record the application in writing, the Commissioner may decline to examine the decision until the applicant does so.
[4] Paragraph 16A.24 (1) (b)
omit
filed
insert
made
[5] After subsection 16A.24 (1)
insert
(1A) A reconsideration mentioned in subsection 16A.25 (1) is examinable by the Aged Care Commissioner only:
(a) if the examinable decision is a decision mentioned in paragraph 16A.21 (a) or (b); and
(b) if the decision on reconsideration is a decision mentioned in paragraph 16A.22 (b); and
(c) to the extent that it relates to a decision to issue a notice of required action.
[6] Subsection 16A.25 (2)
omit
14
insert
21
[7] After subsection 16A.25 (2)
insert
Note A decision to do any of the things mentioned in subsection (2) is not an examinable decision, see subsection 16A.24 (1A).
[8] Subsection 16A.27 (2)
substitute
(2) The Aged Care Commissioner must refuse to examine a complaint if he or she is satisfied that the complaint does not relate to a function of the Commissioner.
[9] Section 16A.28
substitute
16A.28 Notice of examination
(1) As soon as possible after the Aged Care Commissioner decides to examine a complaint mentioned in section 16A.26, he or she must give the person or body, against whom the complaint is made, information about the nature and substance of the complaint.
(2) The information mentioned in subsection (1) must be given in writing.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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