Sanctions Amendment (Various Measures) Principle 2013 (Cth)

Sanctions Amendment (Various Measures) Principle 2013

I, Jacinta Collins, Minister for Mental Health and Ageing, make the following principle under the Aged Care Act 1997.

Dated:              8/7       2013

Jacinta Collins

Minister for Mental Health and Ageing

Contents

1             Name of principle   1

2             Commencement   1

3             Authority   1

4             Schedule(s)   1

Schedule 1—Amendments   2

Sanctions Principles 1997   2

1  Name of principle

This principle is the Sanctions Amendment (Various Measures) Principle 2013.

2  Commencement

This principle commences on 1 August 2013.

3  Authority

This principle is made under the Aged Care Act 1997.

4  Schedule(s)

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Sanctions Principles 1997

1  Section 22.3 (note at end)

Repeal the note, substitute:

Note:          A number of expressions used in these Principles are defined in the Act, including the following:

(a)    disqualified individual;

(b)    key personnel.

2 Subsection 22.7(3)

Repeal the subsection, substitute:

(3)   The Secretary may approve the appointment only if the Secretary is satisfied that:

(a)    the proposed adviser meets the eligibility criteria for appointment; and

(b)    the proposed adviser has a sufficient understanding of the issues that need to be addressed to remedy the non-compliance; and

(c)    there would be no conflict, affecting the delivery of care or other services, between the proposed adviser’s obligations as adviser and any other obligations of the proposed adviser; and

(d)    the proposed adviser has complied with any requirement under subsection (2).

3 Subsection 22.7(6)

Repeal the subsection, substitute:

(6)   A decision under subsection 22.7(1) to refuse to approve the proposed appointment is a reviewable decision under section 85-1 of the Act.

4 Subsection 22.9(2)

Omit “7 days”, substitute “5 days”.

5 Subsection 22.13(6)

Repeal the subsection, substitute:

(6)   A decision under subsection 22.13(1) to refuse to approve the proposed appointment is a reviewable decision under section 85-1 of the Act.

6 Subsection 22.15(2)

Omit “7 days”, substitute “5 days”.

7 Subparagraph 22.20(1)(b)(iii)

Repeal the subparagraph, substitute:

(iii)       against the Home Care Standards of the home care services (if any) provided by the approved provider;

8 Subsection 22.20(2) (definition of Community Care Standards)

Repeal the definition, substitute:

Home Care Standards means the Home Care Standards mentioned in Part 5 of the Quality of Care Principles 1997.