Records Amendment Principles 2007 (No. 1) (Cth)

Records Amendment Principles 2007 (No. 1)

Aged Care 1997

I, CHRISTOPHER PYNE, Minister for Ageing, make these Principles under subsection 96‑1 (1) of the Aged Care 1997.

Dated 1 May 2007

CHRISTOPHER PYNE

Minister for Ageing

1. Name of Principles

These Principles are the Records Amendment Principles 2007 (No. 1).

1. Commencement

These Principles commence on 1 July 2007.

1. Amendment of Records Principles 1997

Schedule 1 amends the Records Principles 1997.

Schedule 1        Amendment

(section 3)

[1]           After section 19.5

insert

19.5AA   Kinds of records to be kept — allegations or suspicions of reportable assaults

(1)   An approved provider must keep consolidated records of all incidents involving allegations or suspicions of reportable assaults.

(2)   The record for each incident must include:

(a)    the date when the approved provider received the allegation, or started to suspect on reasonable grounds, that a reportable assault had occurred; and

(b)    a brief description of the allegation or the circumstances that gave rise to the suspicion; and

(c)    information about:

(i)    whether a report of the allegation or suspicion has been made to a police officer and the Secretary in accordance with subsection 63‑1AA (2) of the Act; or

(ii)    whether the allegation or suspicion has not been reported to a police officer or the Secretary because subsection 63‑1AA (3) of the Act applies.

Note   Section 1.31 of the Accountability Principles provides the circumstances when subsection 63‑1AA (2) of the Act does not apply to an allegation or suspicion of a reportable assault. Subsections 1.31 (1) and (2) state:

(1)      Subsection 63‑1AA (2) of the Act does not apply to an allegation or suspicion of a reportable assault if:

(a)   within 24 hours of receipt of the allegation or the start of the suspicion, the approved provider forms an opinion that the assault was committed by a care recipient to whom the approved provider provides residential care; and

(b)   before receipt of the allegation or the start of the suspicion, the care recipient mentioned in paragraph (a) had been assessed by an appropriate health professional as suffering from a cognitive or mental impairment; and

(c)   the approved provider puts in place, within 24 hours of receipt of the allegation or the start of the suspicion, arrangements for management of the care recipient’s behaviour; and

(d)   the approved provider has:

(i)    a copy of the assessment or other documents showing the care recipient’s cognitive or mental impairment; and

(ii)   a record of the arrangements put in place under paragraph (c).

Examples of appropriate health professional for paragraph (b)

Geriatrician, other medical practitioner, registered nurse (in Victoria, Division 1 registered nurse).

Note   Under section 19.5AA of the Records Principles 1997 an approved provider must also keep consolidated records of all incidents involving allegations or suspicions of reportable assaults.

(2)      Subsection 63‑1AA (2) of the Act does not apply to a later allegation that:

(a)   relates to the same, or substantially the same, factual situation or event as an earlier allegation; and

(b)   has previously been reported to a police officer and the Secretary under subsection 63‑1AA (2) of the Act.