Untitled document
Aged Care Quality and Safety Commission Rules 2018
made under the
Aged Care Quality and Safety Commission Act 2018
Compilation No. 1
Compilation date: 1 July 2019
Includes amendments up to: F2019L00515
Registered: 2 August 2019
About this compilation
This compilation
This is a compilation of the Aged Care Quality and Safety Commission Rules 2018 that shows the text of the law as amended and in force on 1 July 2019 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary 1
Division 1—Introduction 1
1............ Name............................................................................................................................. 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 1
Division 2—Definitions 2
4............ Definitions..................................................................................................................... 2
5............ Meaning of assessment contact..................................................................................... 5
6............ Meaning of commencing service................................................................................... 6
7............ Meaning of deemed accredited service.......................................................................... 6
Division 3—Commonwealth funded programs 7
8............ Specification of programs.............................................................................................. 7
Part 2—Complaints and provider responsibility information 8
Division 1—Introduction 8
9............ Simplified outline of this Part........................................................................................ 8
Division 2—Purpose of this Part 9
10.......... Purpose of this Part....................................................................................................... 9
Division 3—Making complaints to the Commissioner 10
11.......... Complaint may be made to the Commissioner............................................................. 10
12.......... Withdrawal of complaint............................................................................................. 10
Division 4—Dealing with complaints and provider responsibility information 11
13.......... Dealing with complaint................................................................................................ 11
14.......... Commissioner may decide to take no further action in relation to issue....................... 11
15.......... Commissioner may undertake resolution process in relation to issue.......................... 12
16.......... Requirement to notify relevant providers of resolution process................................... 13
17.......... Commissioner may decide to end resolution process.................................................. 13
18.......... Commissioner may give information about resolution process to person or body with sufficient interest 14
Division 5—Directions 15
19.......... Commissioner may give directions to relevant providers............................................ 15
20.......... Notification of intention to give directions to relevant providers................................. 15
21.......... Relevant providers must comply with directions given by the Commissioner............. 15
Division 6—Other matters 17
22.......... Referral of issue to Secretary etc................................................................................. 17
23.......... Taking of other action not prevented by this Part........................................................ 17
Part 3—Accreditation of residential aged care services 18
Division 1—Introduction 18
24.......... Simplified outline of this Part...................................................................................... 18
Division 2—Specified aged care services 19
25.......... Specification of aged care services.............................................................................. 19
Division 3—Accreditation of residential aged care services 20
Subdivision A—Purpose of this Division 20
26.......... Purpose of this Division.............................................................................................. 20
Subdivision B—Applications for accreditation or re‑accreditation 20
27.......... Approved provider may apply for accreditation or re‑accreditation of residential aged care services 20
28.......... Applications for accreditation or re‑accreditation......................................................... 20
Subdivision C—Accreditation of commencing services 20
29.......... Commissioner must decide whether to accredit commencing service.......................... 20
30.......... Notification of decision to accredit commencing service............................................. 21
31.......... Notification of decision not to accredit commencing service....................................... 22
Subdivision D—Re‑accreditation of residential services 22
32.......... Commissioner must appoint assessment team to conduct site audit............................. 22
33.......... Form of words and poster to be used to tell care recipients etc. about site audit.......... 22
34.......... Approved provider must inform care recipients etc. about site audit........................... 23
35.......... Approved provider of residential service to be given notice of names of members of assessment team 23
36.......... Conduct of site audit of residential service.................................................................. 23
37.......... Approved provider must take steps to inform care recipients that site audit has commenced 24
38.......... Site audit meetings....................................................................................................... 24
39.......... Exit meeting................................................................................................................. 25
40.......... Site audit report........................................................................................................... 25
41.......... Commissioner must decide whether to re‑accredit residential service.......................... 25
42.......... Notification of decision to re‑accredit residential service............................................. 26
43.......... Notification of decision not to re‑accredit residential service....................................... 27
Subdivision E—Revocation of accreditation of accredited service 27
44.......... Decision to revoke accreditation of accredited service................................................. 27
45.......... Notification of decision to revoke accreditation of accredited service.......................... 27
Subdivision F—Reminder notices about accreditation 28
46.......... Reminder notices......................................................................................................... 28
47.......... Late application for re‑accreditation after reminder notice............................................ 28
Subdivision G—Publication of decisions relating to accreditation 29
48.......... Commissioner must publish decisions relating to accreditation................................... 29
Part 4—Quality reviews of services 30
Division 1—Introduction 30
49.......... Simplified outline of this Part...................................................................................... 30
Division 2—Specified aged care services 31
50.......... Specification of aged care services.............................................................................. 31
Division 3—Quality reviews of services 32
Subdivision A—Purpose of this Division 32
51.......... Purpose of this Division.............................................................................................. 32
Subdivision B—Quality reviews of home services 32
52.......... Quality reviews must be conducted every 3 years....................................................... 32
53.......... Quality reviews must include site visits....................................................................... 32
54.......... Conduct of site visit..................................................................................................... 33
55.......... Site visit meetings........................................................................................................ 33
56.......... Interim report............................................................................................................... 33
57.......... Final report.................................................................................................................. 34
Subdivision C—Quality reviews of Aboriginal and Torres Strait Islander services 34
58.......... Quality reviews of Aboriginal and Torres Strait Islander services.............................. 34
Part 5—Monitoring of services 35
Division 1—Introduction 35
59.......... Simplified outline of this Part...................................................................................... 35
Division 2—Specified aged care services 36
60.......... Specification of aged care services.............................................................................. 36
Division 3—Purpose of Divisions 4 to 8 37
61.......... Purpose of Divisions 4 to 8......................................................................................... 37
Division 4—Plans for continuous improvement 38
62.......... Approved providers of accredited services and home service providers of home services must have plan for continuous improvement................................................................................................................ 38
Division 5—Assessment contacts 39
Subdivision A—Assessment contacts by regulatory officials 39
64.......... Assessment contact by regulatory official with approved provider of accredited service 39
65.......... Assessment contact by regulatory official with home service provider of home service 39
66.......... Assessment contacts in the form of visit to premises.................................................. 40
67.......... Regulatory official may request information or documents relating to the purpose of assessment contact 40
68.......... Action following assessment contact by regulatory official......................................... 41
Subdivision B—Variation of arrangements for assessment contacts 41
69.......... Commissioner may vary arrangements for assessment contacts.................................. 41
Division 6—Review audits of accredited services 42
Subdivision A—Conduct of review audits of accredited services 42
70.......... When Commissioner may or must arrange for review audit of accredited service....... 42
71.......... Commissioner must appoint quality assessors to form assessment team to conduct review audit 42
72.......... Poster to be used to tell care recipients about review audit.......................................... 43
73.......... Conduct of review audit of accredited service............................................................. 43
74.......... Review audit meetings................................................................................................. 43
75.......... Exit meeting................................................................................................................. 44
76.......... Review audit report..................................................................................................... 44
Subdivision B—Revocation of accreditation of accredited service following review audit 44
77.......... Commissioner must decide whether to revoke accreditation of accredited service....... 44
78.......... Notification of decision to revoke accreditation of accredited service.......................... 45
79.......... Notification of decision not to revoke accreditation of accredited service.................... 46
Subdivision C—Publication of decisions relating to accreditation 46
80.......... Commissioner must publish decisions relating to accreditation following review audit 46
Division 7—Dealing with non‑compliance with Aged Care Quality Standards 48
Subdivision A—Timetables for improvement 48
81.......... Timetable for improvement given to provider.............................................................. 48
83.......... Extension of period for improvement.......................................................................... 48
Subdivision B—Non‑compliance with Aged Care Quality Standards 48
84.......... Direction to revise plan for continuous improvement if there is failure to comply with Aged Care Quality Standards.................................................................................................................................... 48
85.......... Failure to comply with Aged Care Quality Standards that places safety, health or well‑being of aged care consumer at serious risk.................................................................................................................. 49
Division 8—Monitoring of Aboriginal and Torres Strait Islander services 50
86.......... Monitoring of Aboriginal and Torres Strait Islander services..................................... 50
Part 6—Registration of quality assessors 51
Division 1—Introduction 51
87.......... Simplified outline of this Part...................................................................................... 51
Division 2—Registration of quality assessors 52
88.......... Purpose of this Division.............................................................................................. 52
89.......... Application for registration as quality assessor........................................................... 52
90.......... Registration as quality assessor................................................................................... 52
91.......... Application for registration as quality assessor for further period............................... 53
92.......... Registration as quality assessor for further period....................................................... 54
93.......... Quality assessor must inform Commissioner of serious offence conviction............... 55
94.......... Cancellation of registration as quality assessor............................................................ 55
95.......... Operation of Part VIIC of the Crimes Act 1914.......................................................... 55
Part 7—Reconsideration and review of decisions 56
Division 1—Introduction 56
96.......... Simplified outline of this Part...................................................................................... 56
Division 2—Reconsideration and review of decisions 57
97.......... Purpose of this Division.............................................................................................. 57
98.......... Reviewable decisions and affected persons................................................................. 57
99.......... Affected person may request reconsideration of reviewable decision.......................... 57
100........ Reconsideration of complaints reviewable decision..................................................... 58
101........ Reconsideration of regulatory reviewable decision...................................................... 59
102........ Reconsideration of regulatory reviewable decision on own initiative.......................... 59
103........ Review by Administrative Appeals Tribunal............................................................... 60
104........ Commissioner must publish certain reconsideration decisions etc............................... 60
Part 8—Information sharing and confidentiality 62
Division 1—Introduction 62
105........ Simplified outline of this Part...................................................................................... 62
Division 2—Information sharing 63
106........ Purpose of this Division.............................................................................................. 63
107........ Information about failure to comply with certain responsibilities of approved providers 63
108........ Information about failure to comply with Quality Framework by service providers of Aboriginal and Torres Strait Islander services.......................................................................................................... 63
109........ Information about failure to comply with Aged Care Quality Standards by service providers of home support services.................................................................................................................................... 63
Division 3—Protected information 64
110........ Purpose of this Division.............................................................................................. 64
111........ Permitted disclosure of protected information by Commissioner if aged care consumer’s safety, health or well‑being at risk.............................................................................................................................. 64
Part 9—Transitional, application and saving provisions 65
Division 1—Provisions relating to the commencement of this instrument 65
Subdivision A—Preliminary 65
112........ Definitions................................................................................................................... 65
Subdivision B—Complaints 65
113........ Pending complaints..................................................................................................... 65
114........ Information received pre‑transition but not finally dealt with...................................... 66
115........ Saving of pre‑transition notice of intention to issue directions to approved provider etc. 66
116........ Saving of pre‑transition directions given to approved provider etc.............................. 66
Subdivision C—Accreditation of residential aged care services 67
117........ Saving of accreditation of residential aged care services.............................................. 67
118........ Pending applications for accreditation of residential aged care services....................... 67
119........ Pending applications for re‑accreditation of residential aged care services.................. 67
120........ Saving of reminder notices about accreditation............................................................ 68
121........ Publication of certain pre‑transition decisions relating to accreditation........................ 68
Subdivision D—Quality reviews of services 68
122........ Continuation of quality reviews of home aged care services....................................... 68
123........ Continuation of quality reviews of Aboriginal and Torres Strait Islander services...... 69
124........ Continuation of quality reviews of home support services.......................................... 69
Subdivision E—Monitoring of services 69
125........ Saving of arrangements for assessment contacts......................................................... 69
126........ Action following pre‑transition assessment contact..................................................... 70
127........ Continuation of review audits of accredited services................................................... 70
128........ Saving of timetable for improvement etc..................................................................... 70
129........ Saving of notice directing revision of plan for continuous improvement..................... 71
Subdivision F—Registration of quality assessors 71
130........ Continuation of registration as quality assessor........................................................... 71
Subdivision G—Reconsideration and review of decisions 71
131........ Request for reconsideration of pre‑transition decisions relating to complaints............ 71
132........ Request for reconsideration of pre‑transition decisions relating to accreditation or registration of quality assessors.................................................................................................................................... 72
133........ Pending applications for reconsideration of decisions relating to complaints.............. 72
134........ Pending requests for reconsideration of decisions relating to accreditation or registration of quality assessors 73
135........ Reconsideration of pre‑transition decisions relating to accreditation or registration of quality assessor at the Commissioner’s own initiative.................................................................................... 73
136........ Review by the Administrative Appeals Tribunal of certain pre‑transition decisions.... 74
137........ Publication of certain pre‑transition reconsideration decisions etc............................... 74
Division 2—Amendments made by the Aged Care Legislation Amendment (Single Quality Framework Consequential Amendments and Transitional Provisions) Instrument 2019 75
138........ Definitions................................................................................................................... 75
139........ Pending applications for accreditation of a commencing service................................. 75
140........ Pending applications for re‑accreditation of an accredited service or a previously accredited service 75
141........ Quality reviews of home services................................................................................ 76
142........ Assessment contacts initiated but not completed before the SQF commencement time 77
143........ Assessment contacts initiated after the SQF commencement time in relation to timetables for improvement notified before the SQF commencement time...................................................................................... 77
144........ Review audits.............................................................................................................. 78
145........ Revocation following review audit.............................................................................. 78
146........ Timetables for improvement........................................................................................ 79
147........ Direction to revise plan for continuous improvement if there is failure to comply with relevant Standards 79
148........ Failure to comply with relevant Standards that places safety, health or well‑being of aged care consumer at serious risk.................................................................................................................................... 79
149........ Information about failure to comply with Home Care Standards by service providers of home support services 80
Endnotes81
Endnote 1—About the endnotes 81
Endnote 2—Abbreviation key 82
Endnote 3—Legislation history 83
Endnote 4—Amendment history 84
Part 1—Preliminary
Division 1—Introduction
1 Name
This instrument is the Aged Care Quality and Safety Commission Rules 2018.
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 2019. | 1 January 2019 |
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 the Aged Care Quality and Safety Commission Act 2018.
Division 2—Definitions
4 Definitions
Note: A number of expressions used in this instrument are defined in the Commission Act, including the following:
(a) aged care consumer;
(b) aged care service;
(c) approved provider;
(d) Commissioner;
(e) Commonwealth‑funded aged care service;
(f) service provider.
In this instrument:
Aboriginal and Torres Strait Islander service means a service provided under the program known as the National Aboriginal and Torres Strait Islander Flexible Aged Care Program.
Note: An Aboriginal and Torres Strait Islander service is a Commonwealth‑funded aged care service (see subsection 8(1) of the Commission Act and section 8 of this instrument).
accredited service means:
(a) a residential care service, or a flexible care service, that has been accredited or re‑accredited under Part 3 for a particular period and that period has not ended; or
(b) a residential care service for which a determination under section 42‑5 of the Aged Care Act is in force; or
(c) a flexible care service that is a deemed accredited service.
affected person: see section 98.
Aged Care Quality Standards means the Aged Care Quality Standards set out in the Quality of Care Principles 2014.
assessment contact: see section 5.
assessment team means:
(a) for a site audit of a residential service—the assessment team formed under subsection 32(1) to conduct the audit; or
(b) for a review audit of an accredited service—the assessment team formed under subsection 71(1) to conduct the audit.
commencing service: see section 6.
Commission Act means the Aged Care Quality and Safety Commission Act 2018.
complainant means a person who makes a complaint.
complaint means a complaint made under subsection 11(1).
complaints reviewable decision means a reviewable decision of a kind mentioned in item 1 or 2 of the table in section 98.
deemed accredited service: see section 7.
final report: see paragraph 57(1)(a).
flexible care has the same meaning as in the Aged Care Act.
flexible care place means a capacity within a flexible care service for provision of flexible care in the form of short‑term restorative care to a person.
flexible care service has the same meaning as in the Aged Care Act.
former complaints scheme means:
(a) the repealed Complaints Principles 2015, as in force at any time before they were repealed; or
(b) the repealed Complaints Principles 2014, as in force at any time before they were repealed; or
(c) the administrative scheme for the resolution of complaints about service providers of Commonwealth‑funded aged care services, as it existed at any time before 30 May 2018.
home care setting has the same meaning as in the Subsidy Principles 2014.
home service means:
(a) a home care service; or
(b) a flexible care service through which short‑term restorative care is provided in a home care setting; or
(c) a home support service.
home service provider of a home service means:
(a) for a home care service or flexible care service through which short‑term restorative care is provided in a home care setting—the approved provider of the service; or
(b) for a home support service—the service provider of the service.
home support service means a service provided under the program known as the Commonwealth Home Support Programme.
Note: A home support service is a Commonwealth‑funded aged care service (see subsection 8(1) of the Commission Act and section 8 of this instrument).
interim report: see subsection 56(1).
internal reviewer means:
(a) the Commissioner; or
(b) a delegate of the Commissioner referred to in paragraph 100(1)(b), 101(1)(b) or 102(1)(b).
nominated representative of an aged care consumer means:
(a) if the aged care consumer is a care recipient—the representative of the care recipient within the meaning of the Records Principles 2014; or
(b) if the aged care consumer is a person who is a recipient of a Commonwealth‑funded aged care service—a person who represents the consumer.
Note: The approved provider of an aged care service must keep up‑to‑date records of the name and contact details of at least one nominated representative of each care recipient (see paragraph 7(r) of the Records Principles 2014).
plan for continuous improvement: see subsection 62(2).
police report means a report about a person’s criminal conviction record that is issued by:
(a) the Australian Federal Police; or
(b) the police force or police service of a State or Territory.
previously accredited service means:
(a) a residential care service, or a flexible care service, that was an accredited service but is no longer such a service; or
(b) a flexible care service if:
(i) flexible care in the form of short‑term restorative care is provided through the service; and
(ii) the short‑term restorative care is provided in a facility where residential care is provided through a residential care service; and
(iii) on the day the approved provider of the flexible care service is allocated flexible care places under Division 14 of Part 2.2 of the Aged Care Act, the residential care service is a previously accredited service under paragraph (a) of this definition.
provider responsibility information means information raising an issue or issues about:
(a) the responsibilities of the approved provider of an aged care service under the Aged Care Act or the Aged Care Principles; or
(b) the responsibilities of the service provider of a Commonwealth‑funded aged care service under the funding agreement that relates to the service.
Quality Framework means the Quality Framework for the program known as the National Aboriginal and Torres Strait Islander Flexible Aged Care Program, published by the Department and as in force from time to time.
quality review, of a home service, means a quality review of the service conducted under Part 4.
re‑accreditation, of an accredited service or a previously accredited service, means the accreditation of the service for a further period under Part 3.
reconsideration decision means a decision made under subsection 100(2), 101(2) or 102(3).
regulatory reviewable decision means a reviewable decision of a kind mentioned in an item (other than items 1 and 2) of the table in section 98.
relevant provider, for an issue raised in a complaint or provider responsibility information, means the approved provider of an aged care service, or service provider of a Commonwealth‑funded aged care service, to which the issue relates.
residential care has the same meaning as in the Aged Care Act.
residential care setting has the same meaning as in the Subsidy Principles 2014.
residential service means an accredited service, or a previously accredited service, to which an application made under subsection 27(2) relates.
resolution process means the resolution process undertaken under section 15.
reviewable decision: see section 98.
review audit, of an accredited service, means a review audit of the service conducted under Division 6 of Part 5.
review audit report: see subsection 76(1).
serious offence conviction: a person has a serious offence conviction if the person has been:
(a) convicted of murder or sexual assault; or
(b) convicted of, and sentenced to imprisonment for, any other form of assault.
short‑term restorative care has the same meaning as in the Subsidy Principles 2014.
site audit, of a residential service, means a site audit of the service conducted under Subdivision D of Division 3 of Part 3.
site audit report: see subsection 40(1).
5 Meaning of assessment contact
(1) An assessment contact with the approved provider of an accredited service is any form of contact (other than a site audit or review audit) between a regulatory official and the provider for one or more of the following purposes:
(a) to assess the provider’s performance, in relation to the service, against the Aged Care Quality Standards;
(b) to assist the provider’s process of continuous improvement in relation to the service;
(c) to identify whether there is a need for a review audit of the service;
(d) to give the provider additional information or education about the accreditation or re‑accreditation of the service.
(2) An assessment contact with the home service provider of a home service is any form of contact (other than a quality review) between a regulatory official and the provider for one or more of the following purposes:
(a) to assess the provider’s performance, in relation to the service, against the Aged Care Quality Standards;
(b) to assist the provider’s process of continuous improvement in relation to the service;
(c) to identify whether there is a need for a quality review of the service;
(d) to give the provider additional information or education about quality reviews of the service.
6 Meaning of commencing service
(1) A residential care service is a commencing service if:
(a) an approved provider has been allocated places for the service under Part 2.2 of the Aged Care Act; and
(b) residential care has not previously been provided for those places through the service; and
(c) the service is not an accredited service or a previously accredited service.
(2) A flexible care service through which short‑term restorative care is provided in a residential care setting is a commencing service if:
(a) the short‑term restorative care is provided in a facility where residential care is provided through a residential care service; and
(b) that residential care service is a commencing service.
7 Meaning of deemed accredited service
(1) If:
(a) flexible care in the form of short‑term restorative care is provided through a flexible care service; and
(b) the short‑term restorative care is provided in a facility where residential care is provided through a residential care service; and
(c) on the day the approved provider of the flexible care service is allocated flexible care places under Division 14 of Part 2.2 of the Aged Care Act, the residential care service is an accredited service for a particular period (the accreditation period);
the flexible care service is a deemed accredited service during the period starting on that day and ending at the same time as the accreditation period ends.
(2) If the residential care service is re‑accredited under Part 3 of this instrument for another period (the further accreditation period), the flexible care service is a deemed accredited service during the period:
(a) starting on the first day of the further accreditation period; and
(b) ending at the same time as the further accreditation period ends.
Division 3—Commonwealth funded programs
8 Specification of programs
For the purposes of subsection 8(1) of the Commission Act, the following programs are specified:
(a) the program known as the Commonwealth Home Support Programme;
(b) the program known as the National Aboriginal and Torres Strait Islander Flexible Aged Care Program.
Note: A Commonwealth‑funded aged care service is a service provided under such a program.
Part 2—Complaints and provider responsibility information
Division 1—Introduction
9 Simplified outline of this Part
This Part establishes a scheme for dealing with complaints made, or provider responsibility information given, to the Commissioner about the following matters:
(a) the responsibilities of the approved provider of an aged care service under the Aged Care Act or the Aged Care Principles;
(b) the responsibilities of the service provider of a Commonwealth‑funded aged care service under the funding agreement that relates to the service.
If the Commissioner receives a complaint that raises an issue about such responsibilities, the Commissioner must in relation to each issue decide to take no further action in relation to the issue, quickly resolve the issue to the satisfaction of the complainant or decide to undertake a resolution process in relation to the issue.
If the Commissioner receives provider responsibility information that raises an issue about such responsibilities, the Commissioner may decide to undertake a resolution process in relation to the issue.
Division 2—Purpose of this Part
10 Purpose of this Part
This Part is made for the purposes of subsections 21(1), (2) and (3) of the Commission Act.
Division 3—Making complaints to the Commissioner
11 Complaint may be made to the Commissioner
(1) A person may make a complaint to the Commissioner raising an issue or issues about:
(a) the responsibilities of the approved provider of an aged care service under the Aged Care Act or the Aged Care Principles; or
(b) the responsibilities of the service provider of a Commonwealth‑funded aged care service under the funding agreement that relates to the service.
(2) A complaint may be made orally or in writing.
(3) A complaint may be made anonymously.
(4) If a complainant makes a complaint, the complainant may ask the Commissioner to keep the following confidential:
(a) the identity of the complainant;
(b) the identity of a person identified in the complaint;
(c) any other details included in the complaint.
12 Withdrawal of complaint
(1) If a complainant makes a complaint, the complainant may withdraw the complaint, either orally or in writing, at any time.
(2) The Commissioner may deal, or continue to deal, with the complaint despite the withdrawal of the complaint.
Note: A complainant who withdraws a complaint will not be notified under this Part of certain matters (see subsections 14(3) and 17(3)) or be able to apply under Part 7 for the reconsideration of the Commissioner’s decision in relation to the complaint.
Division 4—Dealing with complaints and provider responsibility information
13 Dealing with complaint
(1) If the Commissioner receives a complaint, the Commissioner must, in relation to each issue raised in the complaint:
(a) decide to take no further action in relation to the issue under section 14; or
(b) quickly resolve the issue to the satisfaction of the complainant; or
(c) decide to undertake a resolution process in relation to the issue under section 15.
Note: For the purposes of the Commissioner resolving the complaint, an authorised complaints officer may enter premises and exercise search powers in relation to the premises in accordance with Division 2 of Part 8 of the Commission Act.
(2) Without limiting subsection (1), the Commissioner may do one or more of the following for the purposes of that subsection:
(a) consider documents;
(b) discuss the issue, in person or by other means, with any of the following:
(i) the complainant (if any);
(ii) the relevant provider for the issue;
(iii) any other person;
(c) request information from any person.
14 Commissioner may decide to take no further action in relation to issue
(1) The Commissioner may decide to take no further action in relation to an issue raised in a complaint if the Commissioner is satisfied that:
(a) the issue is frivolous, vexatious or not raised in good faith; or
(b) the issue is, or has been, the subject of legal proceedings; or
(c) the issue is already being dealt with, or has already been dealt with, under this Part or a former complaints scheme; or
(d) the issue is better dealt with, or is already being dealt with, under this instrument (other than this Part); or
(e) the issue relates to a matter that occurred more than 1 year before the complaint was made and is not ongoing; or
(f) the complaint has been withdrawn under section 12; or
(g) the issue is subject to a coronial inquiry; or
(h) an aged care consumer identified in the complaint does not wish the issue to be considered by the Commissioner; or
(i) the issue is better dealt with by another person or body; or
(j) the relevant provider for the issue has addressed the issue to the Commissioner’s satisfaction; or
(k) having regard to all the circumstances, no further action in relation to the issue is required.
Note: The complainant may request the Commissioner to reconsider the decision under Part 7.
(2) If the Commissioner decides to take no further action in relation to an issue raised in the complaint, the Commissioner must, as soon as possible, give written notice of the following to the complainant:
(a) the decision and the reasons for the decision;
(b) information about how the complainant may apply for the reconsideration of the decision;
(c) any other appropriate information.
(3) However, the Commissioner is not required to comply with subsection (2) if:
(a) the complaint was made anonymously; or
(b) the complaint has been withdrawn under section 12; or
(c) the complainant has requested not to be notified in relation to the complaint.
(4) If the Commissioner decides to take no further action in relation to an issue raised in the complaint, the Commissioner may give the relevant provider for the issue written notice of the decision and the reasons for the decision.
15 Commissioner may undertake resolution process in relation to issue
(1) The Commissioner may decide to undertake a resolution process under this section in relation to:
(a) an issue raised in a complaint; or
(b) an issue raised in provider responsibility information received by the Commissioner.
(2) In undertaking a resolution process in relation to an issue raised in the complaint or information, the Commissioner may take any one or more of the following actions:
(a) request the relevant provider for the issue to examine and attempt to resolve the issue and report back to the Commissioner;
(b) request the following to participate in a conciliation process:
(i) the complainant (if any);
(ii) the relevant provider for the issue;
(iii) any other person;
(c) undertake an investigation of the issue;
(d) refer the issue to mediation.
Note: For the purposes of the Commissioner resolving the complaint or dealing with the provider responsibility information, an authorised complaints officer may enter premises and exercise search powers in relation to the premises in accordance with Division 2 of Part 8 of the Commission Act.
(3) Without limiting subsection (2), the Commissioner may do one or more of the following in taking action under that subsection:
(a) consider documents;
(b) discuss the issue, in person or by other means, with any of the following:
(i) the complainant (if any);
(ii) the relevant provider for the issue;
(iii) any other person;
(c) request information from any person.
16 Requirement to notify relevant providers of resolution process
(1) If the Commissioner decides to undertake a resolution process in relation to an issue raised in a complaint or provider responsibility information, the Commissioner must give written notice, as soon as practicable, of the issue to the relevant provider for the issue.
(2) Subsection (1) does not apply if the Commissioner considers that the giving of the notice will, or is likely to:
(a) impede the resolution of the issue; or
(b) place the safety, health or well‑being of the complainant (if any), an aged care consumer or any other person at risk; or
(c) place the complainant (if any) or an aged care consumer at risk of intimidation or harassment.
17 Commissioner may decide to end resolution process
(1) The Commissioner may decide to end a resolution process in relation to an issue raised in a complaint or provider responsibility information if the Commissioner is satisfied that:
(a) if the issue was raised in a complaint—the issue has been resolved because the complainant and the relevant provider for the issue have agreed on an outcome; or
(b) the relevant provider for the issue has addressed the issue to the satisfaction of the Commissioner; or
(c) the Commissioner has given a direction under section 19 to the relevant provider for the issue; or
(d) if the relevant provider for the issue is the approved provider of an aged care service—the Commissioner has been notified that the Secretary has initiated action under Part 4.4 of the Aged Care Act that relates to the issue; or
(e) if the relevant provider for the issue is the service provider of a Commonwealth‑funded aged care service—the Commissioner has been notified that the Commonwealth has initiated, under the funding agreement that relates to the service, action that relates to the issue; or
(f) the complaint has been withdrawn under section 12; or
(g) the issue is better dealt with by another person or body; or
(h) the continuation of the resolution process is not required because:
(i) despite reasonable inquiries by the Commissioner, the circumstances giving rise to the issue cannot be determined; or
(ii) the issue is frivolous, vexatious or not raised in good faith; or
(iii) the issue is, or has been, the subject of legal proceedings; or
(iv) the issue is already being dealt with, or has already been dealt with, under this Part or a former complaints scheme; or
(v) the issue is better dealt with, or is already being dealt with, under this instrument (other than this Part); or
(vi) the issue is subject to a coronial inquiry; or
(vii) an aged care consumer identified in the complaint, or in the provider responsibility information, does not wish the issue to be considered by the Commissioner; or
(i) having regard to all the circumstances, the continuation of the resolution process is not required.
Note: The complainant or relevant provider for the issue may request the Commissioner to reconsider the decision under Part 7.
(2) If the Commissioner decides to end the resolution process in relation to an issue raised in the complaint or provider responsibility information, the Commissioner must, as soon as possible, give written notice of the following to the complainant (if any) and the relevant provider for the issue:
(a) the decision and the reasons for the decision;
(b) information about how the complainant (if any) or relevant provider may apply for the reconsideration of the decision;
(c) any other appropriate information.
(3) However, the Commissioner is not required to comply with subsection (2) in relation to any complainant if:
(a) the complaint was made anonymously; or
(b) the complaint has been withdrawn under section 12; or
(c) the complainant has requested not to be notified in relation to the complaint.
(4) The Commissioner may provide different information in the notice given to the complainant (if any) and the relevant provider for the issue.
18 Commissioner may give information about resolution process to person or body with sufficient interest
The Commissioner may give information about a resolution process in relation to an issue raised in a complaint or provider responsibility information to any person or body that the Commissioner considers has a sufficient interest in the issue.
Division 5—Directions
19 Commissioner may give directions to relevant providers
(1) If, in undertaking a resolution process in relation to an issue raised in a complaint or provider responsibility information that relates to the approved provider of an aged care service, the Commissioner becomes satisfied that the provider is not meeting the provider’s responsibilities under the Aged Care Act or the Aged Care Principles, the Commissioner may, in writing, direct the provider to take specified action in order to meet those responsibilities.
(2) If, in undertaking a resolution process in relation to an issue raised in a complaint or provider responsibility information that relates to the service provider of a Commonwealth‑funded aged care service, the Commissioner becomes satisfied that the provider is not meeting the provider’s responsibilities under the funding agreement that relates to the service, the Commissioner may, in writing, direct the provider to take specified action in order to meet those responsibilities.
20 Notification of intention to give directions to relevant providers
(1) Before the Commissioner gives a direction under section 19 to the relevant provider for an issue raised in a complaint or provider responsibility information, the Commissioner must give the provider written notice of the Commissioner’s intention to give the direction.
(2) The notice must:
(a) set out the concerns of the Commissioner about:
(i) if the relevant provider is the approved provider of an aged care service—the apparent failure of the provider to meet the provider’s responsibilities under the Aged Care Act or the Aged Care Principles; or
(ii) if the relevant provider is the service provider of a Commonwealth‑funded aged care service—the apparent failure of the provider to meet the provider’s responsibilities under the funding agreement that relates to the service; and
(b) invite the relevant provider to respond, in writing, to the notice within a period specified in the notice.
(3) The Commissioner must consider any response given to the Commissioner within the specified period.
Note: If the Commissioner is satisfied that the relevant provider has addressed the issue, the Commissioner may decide to end the resolution process under paragraph 17(1)(b).
21 Relevant providers must comply with directions given by the Commissioner
(1) If the Commissioner gives a direction to a relevant provider for an issue raised in a complaint or provider responsibility information under section 19, the relevant provider must comply with the direction.
(2) If the relevant provider for the issue fails to comply with the direction, the Commissioner must give the relevant provider a written notice that:
(a) sets out the reasons why the Commissioner is satisfied that the provider has failed to comply with the direction; and
(b) sets out the information that the Commissioner relied on in deciding that the relevant provider has failed to comply with the direction; and
(c) states that a copy of the notice will be given to the Secretary.
(3) The Commissioner must give a copy of the notice to the Secretary.
Note 1: If the approved provider of an aged care service fails to comply with the direction, the Secretary may initiate action under Part 4.4 of the Aged Care Act.
Note 2: If the service provider of a Commonwealth‑funded aged care service fails to comply with the direction, the Commonwealth may initiate action under the funding agreement that relates to the service.
Division 6—Other matters
22 Referral of issue to Secretary etc.
(1) Nothing in this Part prevents the Commissioner from referring an issue raised in a complaint or provider responsibility information to the Secretary or another person or body.
(2) If the Commissioner refers an issue raised in a complaint or provider responsibility information under subsection (1), the Commissioner may continue to deal with the complaint or information under this Part.
23 Taking of other action not prevented by this Part
(1) Nothing in this Part prevents the Secretary from taking action under Part 4.4 of the Aged Care Act in relation to an issue raised in a complaint or provider responsibility information.
(2) Nothing in this Part prevents the Commonwealth from taking action under the funding agreement that relates to a Commonwealth‑funded aged care service in relation to an issue raised in a complaint or provider responsibility information.
Part 3—Accreditation of residential aged care services
Division 1—Introduction
24 Simplified outline of this Part
This Part provides for the accreditation of commencing services and the re‑accreditation of residential services.
If an application is made to the Commissioner to accredit a commencing service, the Commissioner must decide whether to accredit the service for a period of 1 year.
If an application is made to the Commissioner to re‑accredit a residential service, the Commissioner must form an assessment team to conduct a site audit of the service in accordance with Subdivision D of Division 3 of this Part. The assessment team for the audit must prepare a report about the audit for the Commissioner.
After the Commissioner is given the report about the audit of the residential service, the Commissioner must decide whether to re‑accredit the service for a further period. If the Commissioner decides not to re‑accredit the service, the Commissioner may revoke the service’s accreditation.
The Commissioner may give the approved provider of an accredited service a reminder notice about the service’s accreditation.
Certain decisions of the Commissioner under this Part must be published on the Commission’s website.
Division 2—Specified aged care services
25 Specification of aged care services
For the purposes of subparagraph 19(a)(ii) of the Commission Act, flexible care services through which short‑term restorative care is provided in a residential care setting are specified.
Division 3—Accreditation of residential aged care services
Subdivision A—Purpose of this Division
26 Purpose of this Division
This Division is made for the purposes of subsection 21(1) and paragraphs 21(4)(a) and (g) of the Commission Act.
Subdivision B—Applications for accreditation or re‑accreditation
27 Approved provider may apply for accreditation or re‑accreditation of residential aged care services
(1) The approved provider of a commencing service may apply to the Commissioner for the accreditation of the service.
(2) The approved provider of an accredited service, or a previously accredited service, may apply to the Commissioner for the re‑accreditation of the service.
28 Applications for accreditation or re‑accreditation
(1) An application made under section 27 by the approved provider of a commencing service, an accredited service or a previously accredited service must:
(a) be made in writing; and
(b) be in the form approved by the Commissioner; and
(c) include an undertaking by the provider, that if the service were to be accredited or re‑accredited under this Part, the provider will undertake continuous improvement in relation to the service as measured against the Aged Care Quality Standards; and
(d) be accompanied by any other information or documents specified by the Commissioner; and
(e) be accompanied by any fee specified by the Commissioner.
(2) The Commissioner must not accept the application if the application does not comply with subsection (1).
Subdivision C—Accreditation of commencing services
29 Commissioner must decide whether to accredit commencing service
(1) If an application is made under subsection 27(1) by the approved provider of a commencing service, the Commissioner must decide whether to accredit the service:
(a) within 16 days after the application is received by the Commissioner; or
(b) by any later day as agreed by the Commissioner and the provider.
Note: The approved provider may request the Commissioner to reconsider the decision under Part 7.
(2) In making a decision under subsection (1) in relation to the application, the Commissioner:
(a) must take into account:
(i) the application; and
(ii) any relevant information about the approved provider given to the Commissioner by the Secretary; and
(iii) whether the Commissioner is satisfied that, if the commencing service were to be accredited under this Part, the approved provider will undertake continuous improvement in relation to the service as measured against the Aged Care Quality Standards; and
(b) may take into account any other relevant matter.
(3) If the Commissioner decides to accredit the commencing service, the Commissioner must:
(a) accredit the service for 1 year; and
(b) decide whether there are any areas in which improvements in relation to the service must be made to ensure that the Aged Care Quality Standards are complied with; and
(c) decide the arrangements for assessment contacts with the approved provider of the service.
30 Notification of decision to accredit commencing service
(1) If the Commissioner decides to accredit a commencing service under section 29, the Commissioner must, within 14 days after making the decision, give written notice of the following to the approved provider of the service:
(a) the decision;
(b) the period of accreditation;
(c) any areas in which improvements in relation to the service must be made to ensure that the Aged Care Quality Standards are complied with, and the timetable for making the improvements;
(d) the arrangements for assessment contacts with the provider of the service;
(e) the circumstances in which a review audit of the service may be conducted;
(f) how the provider may apply for the re‑accreditation of the service.
(2) The Commissioner must, within 28 days after making the decision, give the approved provider of the commencing service a certificate of accreditation for the service that states the period of accreditation.
(3) The Commissioner must, as soon as is practicable, give the Secretary a copy of a notice given under subsection (1).
31 Notification of decision not to accredit commencing service
(1) If the Commissioner decides not to accredit a commencing service under section 29, the Commissioner must, within 14 days after making the decision, give the approved provider of the service:
(a) written notice of the following:
(i) the decision;
(ii) the reasons for the decision;
(iii) how the provider may apply for the reconsideration of the decision; and
(b) a copy of any information given to the Commissioner by the Secretary that was taken into account in making the decision.
(2) The Commissioner must, as soon as is practicable, give the Secretary a copy of a notice given under paragraph (1)(a).
Subdivision D—Re‑accreditation of residential services
32 Commissioner must appoint assessment team to conduct site audit
(1) If an application is made under subsection 27(2) by the approved provider of an accredited service or a previously accredited service, the Commissioner must, as soon as practicable after receiving the application:
(a) appoint one or more quality assessors to form an assessment team to conduct a site audit of the service; and
(b) give the team any information or documents that accompanied the application under paragraph 28(1)(d).
(2) However, the Commissioner must not appoint a quality assessor to form the assessment team to conduct the site audit of the accredited service or previously accredited service if:
(a) at any time during the 3 year period preceding the proposed appointment, the assessor was employed by, or provided services to, the approved provider of the service; or
(b) the assessor has a pecuniary or other interest that could conflict with the proper conduct of the audit.
33 Form of words and poster to be used to tell care recipients etc. about site audit
(1) If an application is made under subsection 27(2) by the approved provider of an accredited service or a previously accredited service, the Commissioner must, as soon as practicable after receiving the application, give the provider:
(a) a written notice specifying the form of words to be used to tell care recipients of the service, and the nominated representatives of those care recipients, about the site audit of the service that is to be conducted; and
(b) a poster to inform those care recipients and representatives about the site audit.
(2) However, the Commissioner is not required to comply with subsection (1) if the Commissioner gave the approved provider a notice and poster under section 46 in relation to the re‑accreditation of the accredited service or previously accredited service.
34 Approved provider must inform care recipients etc. about site audit
(1) The approved provider of a residential service must take all reasonable steps to ensure that each care recipient of the service, and the nominated representatives of such a care recipient, are made aware of the following matters:
(a) that a site audit of the service is to be conducted;
(b) the period during which the site audit could occur;
(c) that the care recipients of the service and the nominated representatives of those care recipients:
(i) will be given an opportunity to talk to members of the assessment team for the site audit; and
(ii) may give information to the Commission about the care and services those care recipients are receiving;
(d) how to contact the Commission.
(2) The reasonable steps taken by the approved provider of the residential service under subsection (1) must include, but are not limited to, the following:
(a) giving written information (including the form of words specified in the notice given to the provider under paragraph 33(1)(a) or 46(1)(a)) to each care recipient of the service and the nominated representatives of such a care recipient;
(b) displaying copies of the poster given to the approved provider under paragraph 33(1)(b) or 46(1)(b) in one or more prominent locations at the premises of the service.
(3) The approved provider of the residential service must comply with subsection (1) as soon as practicable after the later of the following events occurs:
(a) the approved provider receives the notice given under paragraph 33(1)(a) or 46(1)(a);
(b) the approved provider makes the application under subsection 27(2) for the re‑accreditation of the service.
35 Approved provider of residential service to be given notice of names of members of assessment team
At the start of a site audit of a residential service, the Commissioner must give the approved provider of the service a written notice that sets out the full name of each member of the assessment team for the audit.
36 Conduct of site audit of residential service
(1) The assessment team for a site audit of a residential service must conduct the audit:
(a) at the premises of the service; and
(b) in accordance with any directions given to the team by the Commissioner.
Note: A regulatory official may, for the purposes of this section, enter premises and exercise search powers in relation to the premises in accordance with Division 3 of Part 8 of the Commission Act.
(2) In conducting the site audit of the residential service, the assessment team must:
(a) assess the quality of care and services provided through the service against the Aged Care Quality Standards; and
(b) consider any relevant information about the quality of care and services provided through the service that was given to the team:
(i) by a care recipient, or former care recipient, of the service; or
(ii) by a nominated representative of such a care recipient; and
(c) consider any relevant information about the approved provider of the service given to the team by the Secretary; and
(d) consider any relevant information given to the team by the Commissioner, including any information or documents given to the team under paragraph 32(1)(b); and
(e) consider any relevant information given to the team by the approved provider of the service.
37 Approved provider must take steps to inform care recipients that site audit has commenced
(1) As soon as practicable after the assessment team for a site audit of a residential service starts to conduct the audit, the approved provider of the service must take reasonable steps to inform the care recipients of the service, and the nominated representatives of those care recipients, that the audit has started.
(2) The reasonable steps taken by the approved provider of the residential service under subsection (1) must include, but are not limited to, displaying in one or more prominent locations at the premises of the service any posters given to the provider by the assessment team for the purpose of the provider complying with that subsection.
38 Site audit meetings
(1) On each day on which a site audit of a residential service is conducted, a member of the assessment team for the audit must meet with the person at the premises of the service who is in charge of the service to discuss the progress of the audit.
(2) The assessment team for the site audit of the residential service must also meet at least 10% of the care recipients of the service, or the nominated representatives of those care recipients, during the conduct of the audit to discuss the care and services that those care recipients are receiving.
(3) If a care recipient of the residential service, or a nominated representative of such a recipient, asks to meet the assessment team, or a member of the team, during the site audit of the service, the approved provider of the service must take all reasonable steps to enable a member of the team to meet the recipient or representative privately.
39 Exit meeting
On the last day on which a site audit of a residential service is conducted, a member of the assessment team for the audit must meet with the person at the premises of the service who is in charge of the service to discuss the key issues that the team identified during the audit.
40 Site audit report
Site audit report must be prepared
(1) The assessment team for a site audit of a residential service must prepare a written report (the site audit report) about the audit.
(2) The site audit report:
(a) must include an assessment of the approved provider’s performance, in relation to the residential service, against the Aged Care Quality Standards; and
(b) may also include any other matters the assessment team considers relevant.
Site audit report must be given to the Commissioner
(3) The assessment team must give the site audit report to the Commissioner within 7 days after the site audit of the residential service is completed.
Copy of site audit report to be given to approved provider
(4) As soon as practicable after receiving the site audit report, the Commissioner must give a copy of the report to the approved provider of the residential service.
(5) The approved provider of the residential service may, within 14 days after receiving the copy of the site audit report, give the Commissioner a written response to the report.
41 Commissioner must decide whether to re‑accredit residential service
(1) If the Commissioner is given, under subsection 40(3), a site audit report about a site audit of a residential service, the Commissioner must decide whether to re‑accredit the service:
(a) within 28 days after the Commissioner is given the report; or
(b) by any later day as agreed by the Commissioner and the approved provider of the service.
(2) In making a decision under subsection (1) in relation to the residential service, the Commissioner:
(a) must take into account:
(i) the site audit report; and
(ii) any response to the site audit report given to the Commissioner by the approved provider of the service under subsection 40(5); and
(iii) any relevant information given to the Commissioner, or to the assessment team for the site audit of the service, by a care recipient, or former care recipient, of the accredited service or by a nominated representative of such a care recipient; and
(iv) any relevant information about the provider of the service given to the Commissioner by the Secretary; and
(v) whether the Commissioner is satisfied that, if the service were to be re‑accredited under this Part, the provider will undertake continuous improvement in relation to the service as measured against the Aged Care Quality Standards; and
(b) may take into account any other relevant matter.
(3) If the Commissioner decides to re‑accredit the residential service under subsection (1), the Commissioner must decide:
(a) the further period for which the service is to be accredited; and
(b) whether there are any areas in which improvements in relation to the service must be made to ensure that the Aged Care Quality Standards are complied with; and
(c) the arrangements for assessment contacts with the approved provider of the service.
Note: The approved provider may request the Commissioner to reconsider the decision made under subsection (1) and paragraph (3)(a): see Part 7.
42 Notification of decision to re‑accredit residential service
(1) If the Commissioner decides to re‑accredit a residential service under section 41, the Commissioner must, within 14 days after making the decision, give written notice of the following to the approved provider of the service:
(a) the decision;
(b) the further period of accreditation, and the reasons for deciding that further period;
(c) how the provider may apply for the reconsideration of the further period of accreditation;
(d) any areas in which improvements in relation to the service must be made to ensure that the Aged Care Quality Standards are complied with, and the timetable for making the improvements;
(e) the arrangements for assessment contacts with the provider of the service;
(f) the circumstances in which a review audit of the service may be conducted;
(g) how the provider may apply for the re‑accreditation of the service.
(2) The Commissioner must, within 28 days after making the decision, give the approved provider of the residential service a certificate of accreditation for the service that states the further period of accreditation.
(3) The Commissioner must, as soon as is practicable, give the Secretary a copy of a notice given under subsection (1).
43 Notification of decision not to re‑accredit residential service
(1) If the Commissioner decides not to re‑accredit a residential service under section 41, the Commissioner must, within 14 days after making the decision, give the approved provider of the service:
(a) written notice of the following:
(i) the decision;
(ii) the reasons for the decision;
(iii) how the provider may apply for the reconsideration of the decision; and
(b) a copy of any information given to the Commissioner by the Secretary that was taken into account in making the decision.
(2) The Commissioner must, as soon as is practicable, give the Secretary a copy of a notice given under paragraph (1)(a).
Subdivision E—Revocation of accreditation of accredited service
44 Decision to revoke accreditation of accredited service
(1) If the Commissioner decides not to re‑accredit an accredited service under section 41, the Commissioner may revoke the accreditation of the accredited service.
Note: The approved provider may request the Commissioner to reconsider the decision under Part 7.
(2) If the Commissioner decides to revoke the accreditation of an accredited service under subsection (1), the Commissioner must decide the day on which the revocation is to take effect.
45 Notification of decision to revoke accreditation of accredited service
(1) If the Commissioner decides to revoke the accreditation of an accredited service under section 44, the Commissioner must, within 14 days after making the decision, give written notice of the following to the approved provider of the service:
(a) the decision;
(b) the reasons for the decision;
(c) the day the revocation is to take effect;
(d) how the provider may apply for the reconsideration of the decision.
(2) The Commissioner must, as soon as is practicable, give the Secretary a copy of a notice given under subsection (1).
Subdivision F—Reminder notices about accreditation
46 Reminder notices
(1) Before the period of accreditation of an accredited service ends, the Commissioner may give the approved provider of the service:
(a) a written notice specifying the following matters:
(i) the day on which the period of accreditation is due to end;
(ii) a day on or before which the provider must apply for the re‑accreditation of the service under subsection 27(2) in order for section 47 not to apply in relation to the application;
(iii) the form of words to be used, if the provider applies for the re‑accreditation of the service, to tell care recipients of the service, and the nominated representatives of those care recipients, about the site audit of the service that will be conducted in relation to the application; and
(b) a poster to inform those care recipients and representatives of the site audit.
(2) In specifying a particular day under subparagraph (1)(a)(ii), the Commissioner must have regard to the likelihood that the Commissioner would make a decision under section 41 in relation to the re‑accreditation of the accredited service before the end of the service’s period of accreditation if the application were made on or after that particular day.
47 Late application for re‑accreditation after reminder notice
(1) This section applies in relation to an application made under subsection 27(2) for the re‑accreditation of an accredited service if:
(a) the Commissioner gave the approved provider of the service a notice under paragraph 46(1)(a) in relation to the service; and
(b) the application is made after the day specified in the notice under subparagraph 46(1)(a)(ii).
(2) To avoid doubt:
(a) the assessment team for a site audit of the accredited service is not required:
(i) to complete the audit before the service’s period of accreditation (the accreditation period) ends; or
(ii) to give the site audit report for the audit to the Commissioner under subsection 40(3) any earlier than within the period specified in that subsection even if that period will end after the accreditation period ends; and
(b) the Commissioner is not required to make a decision under section 41 in relation to the re‑accreditation of the service any earlier than within the period specified in subsection 41(1) even if that period will end after the accreditation period ends.
Subdivision G—Publication of decisions relating to accreditation
48 Commissioner must publish decisions relating to accreditation
(1) If the Commissioner decides under section 29 to accredit a commencing service, the Commissioner must, as soon as practicable after making the decision, publish the decision on the Commission’s website.
Note: For the disclosure of protected information, see Division 4 of Part 7 of the Commission Act.
(2) If:
(a) the Commissioner:
(i) decides under section 29 not to accredit a commencing service; or
(ii) decides under section 41 to re‑accredit a residential service for a further period; or
(iii) decides under section 41 not to re‑accredit a residential service; or
(iv) decides under section 44 to revoke the accreditation of an accredited service; and
(b) no request for the reconsideration of the decision is made within the period (the reconsideration period) mentioned in paragraph 99(3)(c);
the Commissioner must, within 28 days after the end of the reconsideration period, publish on the Commission’s website the decision and any site audit report about the site audit of the service considered in making the decision.
Note 1: If a request for the reconsideration of the decision is made, the reconsideration decision must be published under section 104.
Note 2: For the disclosure of protected information, see Division 4 of Part 7 of the Commission Act.
Part 4—Quality reviews of services
Division 1—Introduction
49 Simplified outline of this Part
This Part provides for quality reviews of home services and Aboriginal and Torres Strait Islander services.
A quality review of a home service must be conducted at least once every 3 years and must include a site visit by quality assessors to the premises of the home service provider of the service. It may also include a site visit by quality assessors to premises on which the service is provided.
The quality assessors must prepare an interim report about the service for the Commissioner. The Commissioner must give a copy of the report to the home service provider of the service and the provider may give a written response to the report. Any such response must be considered by the Commissioner in preparing the final report about the service.
The Commissioner must give a copy of the final report about the service to the provider and the Secretary.
A quality review of an Aboriginal and Torres Strait Islander service must be conducted in accordance with the Quality Framework.
Division 2—Specified aged care services
50 Specification of aged care services
For the purposes of subparagraph 19(b)(ii) of the Commission Act, flexible care services through which short‑term restorative care is provided in a home care setting are specified.
Division 3—Quality reviews of services
Subdivision A—Purpose of this Division
51 Purpose of this Division
This Division is made for the purposes of subsection 21(1) and paragraphs 21(4)(c) and (g) of the Commission Act.
Subdivision B—Quality reviews of home services
52 Quality reviews must be conducted every 3 years
(1) The Commissioner must ensure that a quality review of a home service is conducted at least once every 3 years in accordance with this Subdivision.
(2) If the same person or body provides 2 or more of the following:
(a) a home care service;
(b) a flexible care service through which short‑term restorative care is provided in a home care setting;
(c) a home support service;
the Commissioner may, if the Commissioner considers it appropriate to do so, conduct a quality review of those services at the same time.
53 Quality reviews must include site visits
(1) A quality review of a home service:
(a) must include a site visit to the premises of the home service provider of the service; and
(b) may include a site visit to premises on which the service is provided.
Note: A regulatory official may, for the purposes of this section, enter premises and exercise search powers in relation to the premises in accordance with Division 3 of Part 8 of the Commission Act.
(2) The Commissioner must give the home service provider of the home service a written notice:
(a) specifying the day or days on which the site visit to the premises of the provider is to be conducted; and
(b) setting out the form of words to be used to tell aged care consumers of the service, and the nominated representatives of those consumers, about the site visit.
(3) If the home service provider of a home service is given a notice under subsection (2), the provider must take all reasonable steps to use the form of words set out in the notice to tell each aged care consumer of the service, and the nominated representatives of those consumers, about the site visit.
119 Pending applications for re‑accreditation of residential aged care services
(1) This section applies in relation to an application made under subsection 2.2(2) of the Quality Agency Principles if:
(a) the application was made before the transition time; and
(b) immediately before that time, the CEO has not made a decision on the application.
(2) The application is taken, after the transition time, to have been made to the Commissioner under subsection 27(2) of this instrument and may be dealt with, or may continue to be dealt with, under Subdivisions D and E of Division 3 of Part 3 of this instrument.
(3) If, before the transition time, a thing was done in relation to the application under, or for the purposes of, the Quality Agency Principles, then the thing has effect, after that time, as if it had been done under, or for the purposes of, this instrument.
120 Saving of reminder notices about accreditation
(1) This section applies in relation to a notice given by the CEO under subsection 2.1A(1) of the Quality Agency Principles if:
(a) the notice was given before the transition time; and
(b) immediately before that time, the notice still has effect.
(2) Despite the repeal of the Quality Agency Principles, the notice continues to have effect, after the transition time, as if it were a notice given by the Commissioner under subsection 46(1) of this instrument.
121 Publication of certain pre‑transition decisions relating to accreditation
(1) If:
(a) a decision of a kind mentioned in subsection 2.26(1) of the Quality Agency Principles is made before the transition time; and
(b) the decision is a decision that may be reconsidered in accordance with Part 6 of Chapter 2 of those Principles; and
(c) immediately before that time, the CEO has not complied with subsection 2.26(3) of those Principles in relation to the decision;
then, subsection 48(2) of this instrument applies, after the transition time, in relation to the decision as if the decision were a decision of a kind mentioned in paragraph 48(2)(a) of this instrument.
(2) If:
(a) a decision of a kind mentioned in subsection 2.48(1) of the Quality Agency Principles is made before the transition time; and
(b) the decision is a decision that may be reconsidered in accordance with Part 6 of Chapter 2 those Principles; and
(c) immediately before that time, the CEO has not complied with subsection 2.48(3) of those Principles in relation to the decision;
then, subsection 80(2) of this instrument applies, after the transition time, in relation to the decision as if the decision were a decision of a kind mentioned in paragraph 80(2)(a) of this instrument.
Subdivision D—Quality reviews of services
122 Continuation of quality reviews of home aged care services
(1) This section applies in relation to a quality review of an aged care service under Divisions 1 and 2 of Part 2 of Chapter 3 of the Quality Agency Principles (the old provisions) if:
(a) the review began before the transition time; and
(b) immediately before that time, the review has not been completed.
(2) The quality review may, after the transition time, continue to be conducted under Part 4 of this instrument.
(3) The Commissioner may make any arrangements as are necessary for the purposes of completing the quality review under Part 4 of this instrument.
(4) If, before the transition time, a thing was done in relation to the quality review under, or for the purposes of, the old provisions, then the thing has effect, after that time, as if it had been done under, or for the purposes of, Part 4 of this instrument.
123 Continuation of quality reviews of Aboriginal and Torres Strait Islander services
(1) This section applies in relation to a quality review of an Aboriginal and Torres Strait Islander service under paragraph 1(a) of Schedule 1 to the additional functions instrument if:
(a) the quality review began before the transition time; and
(b) immediately before that time, the quality review has not been completed.
(2) The quality review may, after the transition time, continue to be conducted in accordance with the Quality Framework.
(3) The Commissioner may make any arrangements as are necessary for the purposes of completing the quality review in accordance with the Quality Framework.
124 Continuation of quality reviews of home support services
(1) This section applies in relation to a quality review of a home support service under paragraph 2(a) of Schedule 1 to the additional functions instrument (the old provision) if:
(a) the quality review began before the transition time; and
(b) immediately before that time, the quality review has not been completed.
(2) The quality review may, after the transition time, continue to be conducted under Part 4 of this instrument.
(3) The Commissioner may make any arrangements as are necessary for the purposes of completing the quality review under Part 4 of this instrument.
(4) If, before the transition time, a thing was done in relation to the quality review for the purposes of the old provision, then the thing has effect, after that time, as if it had been done for the purposes of Part 4 of this instrument.
Subdivision E—Monitoring of services
125 Saving of arrangements for assessment contacts
(1) This section applies in relation to arrangements for assessment contacts for an aged care service if:
(a) the arrangements were notified to the approved provider of the service under the Quality Agency Principles before the transition time; and
(b) immediately before that time, those arrangements are still in effect.
(2) Despite the repeal of the Quality Agency Principles, the arrangements continue, after the transition time, to have effect, and may be dealt with, as if they had been notified under this instrument.
126 Action following pre‑transition assessment contact
(1) This section applies in relation to an assessment contact with the approved provider of an aged care service if:
(a) the contact was made under the Quality Agency Principles before the transition time; and
(b) immediately before that time, the CEO has not complied with whichever of section 2.34 or 3.16 of those Principles is applicable in relation to the contact.
(2) Section 68 of this instrument applies, after the transition time, in relation to the assessment contact as if the contact had been made by a regulatory official.
127 Continuation of review audits of accredited services
(1) This section applies in relation to a review audit of an accredited service under Division 4 of Part 2 of Chapter 2 of the Quality Agency Principles (the old provisions) if:
(a) the audit began before the transition time; and
(b) immediately before that time, the audit has not been completed.
(2) The review audit may, after the transition time, continue to be conducted under Division 6 of Part 5 of this instrument.
(3) The Commissioner may make any arrangements as are necessary for the purposes of completing the review audit under Division 6 of Part 5 of this instrument.
(4) If, before the transition time, a thing was done in relation to the review audit under, or for the purposes of, the old provisions, then the thing has effect, after that time, as if it had been done under, or for the purposes of, Division 6 of Part 5 of this instrument.
128 Saving of timetable for improvement etc.
(1) This section applies in relation to a timetable for improvement if:
(a) the timetable was notified to the approved provider of an aged care service under the Quality Agency Principles before the transition time; and
(b) immediately before that time, the period set out in the timetable, or that period as extended by the CEO, has not ended.
(2) Despite the repeal of the Quality Agency Principles, the timetable for improvement continues, after the transition time, to have effect as if it had been notified to the approved provider under this instrument.
(3) Sections 81 to 83 of this instrument apply, after the transition time, in relation to the timetable for improvement as if it had been notified to the approved provider under this instrument.
129 Saving of notice directing revision of plan for continuous improvement
(1) This section applies in relation to a notice given by the CEO under subsection 2.63(3) or 3.18(3) of the Quality Agency Principles if:
(a) the notice was given before the transition time; and
(b) immediately before that time, the period referred to in subsection 2.63(4) or 3.18(4) of those Principles (as the case may be) has not ended.
(2) Despite the repeal of the Quality Agency Principles, the notice continues, after the transition time, to have effect as if it had been given by the Commissioner under subsection 84(1) of this instrument.
Subdivision F—Registration of quality assessors
130 Continuation of registration as quality assessor
(1) This section applies in relation to a person who, immediately before the transition time, was registered as a quality assessor for a period under Part 3 of Chapter 2 of the Quality Agency Principles.
(2) The person is taken, after the transition time, to be registered as a quality assessor under Part 6 of this instrument.
(3) Despite the repeal of the Quality Agency Principles, the notice (the registration notice) given to the person under subsection 2.51(4) or 2.53(3) of those Principles that relates to that period of registration continues to have effect, after the transition time, as if the repeal had not happened.
(4) Section 94 of this instrument applies in relation to the person’s registration as a quality assessor as if paragraph (3)(b) of that section were replaced with the following paragraph:
“(b) the person has failed to comply with the obligations set out in the registration notice.”.
Subdivision G—Reconsideration and review of decisions
131 Request for reconsideration of pre‑transition decisions relating to complaints
(1) This section applies in relation to a decision made under paragraph 7(a) or section 14 of the Complaints Principles if:
(a) the decision was made before the transition time; and
(b) immediately before that time, the period (the reconsideration period) referred to in paragraph 22(5)(b) of those Principles during which a person or body may apply for the reconsideration of the decision has not ended.
(2) Sections 99 and 100 of this instrument apply, after the transition time, in relation to the decision as if:
(a) the decision were a complaints reviewable decision; and
(b) the person or body were an affected person for the complaints reviewable decision; and
(c) paragraph 99(2)(c) of this instrument were replaced with the following paragraph:
“(c) must be given to the Commissioner before the end of the reconsideration period.”.
132 Request for reconsideration of pre‑transition decisions relating to accreditation or registration of quality assessors
(1) This section applies in relation to a decision of a particular kind mentioned in an item of the table in section 2.66 of the Quality Agency Principles if:
(a) the decision was made before the transition time; and
(b) immediately before that time, the period (the reconsideration period) referred to in paragraph 2.67(2)(c) of those Principles during which a person or body may apply for the reconsideration of the decision has not ended.
(2) Sections 99 and 101 of this instrument apply, after the transition time, in relation to the decision as if:
(a) the decision were a regulatory reviewable decision; and
(b) the person or body were an affected person for the regulatory reviewable decision; and
(c) paragraph 99(3)(c) of this instrument were replaced with the following paragraph:
“(c) be given to the Commissioner before the end of the reconsideration period.”.
133 Pending applications for reconsideration of decisions relating to complaints
(1) This section applies in relation to an application made under subsection 22(1) or (3) of the Complaints Principles for the reconsideration of a decision (the original decision) if:
(a) the application was made before the transition time; and
(b) immediately before that time, the application has not been finally dealt with by the Complaints Commissioner.
(2) The application is taken, after the transition time, to be a request made to the Commissioner under section 99 of this instrument and may be dealt with, or may continue to be dealt with, under Part 7 of this instrument as if:
(a) the original decision were a complaints reviewable decision; and
(b) the applicant were the affected person for the complaints reviewable decision.
(3) If:
(a) before the transition time, the Complaints Commissioner decided to undertake a new resolution process under paragraph 23(1)(b) of the Complaints Principles in relation to the application; and
(b) immediately before that time, the new resolution process has not been completed in accordance with section 23 of those Principles;
the Commissioner may, after that time, complete that resolution process in accordance with Part 2, and section 100, of this instrument.
(4) If, before the transition time, a thing was done by the Complaints Commissioner in relation to the application, then the thing has effect, after that time, as if it had been done by the Commissioner.
134 Pending requests for reconsideration of decisions relating to accreditation or registration of quality assessors
(1) This section applies in relation to a request (the pending request) made under section 2.67 of the Quality Agency Principles for the reconsideration of a decision (the original decision) of a particular kind mentioned in an item of the table in section 2.66 of those Principles if:
(a) the pending request was made before the transition time; and
(b) immediately before that time, the CEO has not made a decision on the pending request.
(2) The pending request is taken, after the transition time, to be a request made to the Commissioner under section 99 of this instrument and may be dealt with, or may continue to be dealt with, under Part 7 of this instrument as if:
(a) the original decision were a regulatory reviewable decision of the same kind; and
(b) the person or body who made the request were the affected person for the regulatory reviewable decision.
(3) If, before the transition time, a thing was done by the CEO in relation to the pending request, then the thing has effect, after that time, as if it had been done by the Commissioner.
135 Reconsideration of pre‑transition decisions relating to accreditation or registration of quality assessor at the Commissioner’s own initiative
(1) This section applies if a decision of a kind mentioned in an item of the table in section 2.66 of the Quality Agency Principles is made before the transition time.
(2) Section 102 of this instrument applies, after the transition time, in relation to the decision as if:
(a) the decision were a regulatory reviewable decision; and
(b) if the decision relates to the accreditation of an aged care service—the approved provider of the service were an affected person for the regulatory reviewable decision; and
(c) if the decision relates to the cancellation of a person’s registration as a quality assessor under the Quality Agency Principles—the person were an affected person for the regulatory reviewable decision.
136 Review by the Administrative Appeals Tribunal of certain pre‑transition decisions
(1) This section applies to a decision made under subsection 2.68(1) or 2.69(3) of the Quality Agency Principles if:
(a) the decision was made before the transition time; and
(b) immediately before that time, both of the following apply:
(i) an application for review of the decision by the Administrative Appeals Tribunal has not been made;
(ii) the time for a person to make such an application has not ended (including any extensions of that time under section 29 of the Administrative Appeals Tribunal Act 1975).
(2) Subsection 103(1) of this instrument applies, after the transition time, in relation to the decision as if it were a reconsideration decision that relates to a regulatory reviewable decision.
137 Publication of certain pre‑transition reconsideration decisions etc.
If:
(a) a decision is made under section 2.68 or 2.69 of the Quality Agency Principles before the transition time; and
(b) immediately before that time, the CEO has not complied with either or both of subsections 2.71(1) and 2.72(1) of those Principles (as applicable) in relation to the decision;
then, section 104 of this instrument applies, after the transition time, in relation to the decision as if the decision were a reconsideration decision that relates to a regulatory reviewable decision.
Division 2—Amendments made by the Aged Care Legislation Amendment (Single Quality Framework Consequential Amendments and Transitional Provisions) Instrument 2019
138 Definitions
In this Division:
Accreditation Standards means the Accreditation Standards set out in the Quality of Care Principles 2014, as in force immediately before the SQF commencement time.
amending instrument means the Aged Care Legislation Amendment (Single Quality Framework Consequential Amendment and Transitional Provisions) Instrument 2019.
Flexible Care Standards means the Flexible Care Standards set out in the Quality of Care Principles 2014, as in force immediately before the SQF commencement time.
Home Care Standards means the Home Care Standards set out in the Quality of Care Principles 2014, as in force immediately before the SQF commencement time.
SQF commencement time means the start of 1 July 2019.
139 Pending applications for accreditation of a commencing service
(1) This section applies in relation to an application if:
(a) the application was made by the approved provider of a commencing service under subsection 27(1); and
(b) the application was made before the SQF commencement time; and
(c) immediately before that time, the Commissioner had not made a decision on the application.
(2) Subject to this section, the amendments of Subdivision C of Division 3 of Part 3 made by the amending instrument apply in relation to the application.
(3) For the purposes of making a decision under paragraph 29(3)(b) in relation to the application, the Commissioner may take into account the extent of the approved provider’s compliance, before the SQF commencement time, with the Accreditation Standards or the Flexible Care Standards (as applicable).
140 Pending applications for re‑accreditation of an accredited service or a previously accredited service
(1) This section applies in relation to an application if:
(a) the application was made by the approved provider of a residential service, under subsection 27(2); and
(b) the application was made before the SQF commencement time; and
(c) immediately before that time, the Commissioner had not made a decision on the application.
(2) Subject to this section, the amendments of Subdivision D of Division 3 of Part 3 made by the amending instrument apply in relation to the application.
Site audits
(3) If:
(a) a site audit of the service began before the SQF commencement time; and
(b) immediately before that time, the site audit had not been completed;
then:
(c) despite the amendments of paragraphs 36(2)(a) and 40(2)(a) made by the amending instrument, those paragraphs, as in force immediately before the SQF commencement time, continue to have effect in relation to the site audit as if the amendments had not been made; and
(d) for the purposes of:
(i) taking into account whether the Commissioner is satisfied that the approved provider will undertake continuous improvement in relation to the service under subparagraph 41(2)(a)(v); or
(ii) making a decision under paragraph 41(3)(b) in relation to the service;
the Commissioner may take into account the extent of the approved provider’s compliance, before the SQF commencement time, with the Accreditation Standards or the Flexible Care Standards (as applicable).
(4) If a site audit of the service did not begin before the SQF commencement time, the amendments of that Subdivision made by the amending instrument, apply in relation to the site audit.
141 Quality reviews of home services
(1) This section applies in relation to a quality review of a home service if:
(a) the review began before the SQF commencement time; and
(b) immediately before that time, the review had not been completed.
(2) If:
(a) a site visit to the premises of the home service provider of the home service, or to the premises on which the home service is provided, as part of the quality review began before the SQF commencement time; and
(b) immediately before that time, the site visit had not been completed;
then:
(c) despite the amendments of paragraphs 54(a), 56(2)(a) and 57(2)(a) made by the amending instrument, those paragraphs, as in force immediately before the SQF commencement time, continue to have effect in relation to the site visit as if the amendments had not been made; and
(d) for the purposes of preparing a final report under paragraph 57(2)(b) in relation to the service, the Commissioner may take into account the extent of the home service provider’s compliance, before the SQF commencement time, with the Home Care Standards or the Flexible Care Standards (as applicable).
(3) If a site visit of to the premises of the home service provider of the home service, or to the premises on which the home service is provided, as part of the quality review did not begin before the SQF commencement time, the amendments of Subdivision B of Division 3 of Part 4 made by the amending instrument apply in relation to the site visit.
142 Assessment contacts initiated but not completed before the SQF commencement time
(1) This section applies in relation to an assessment contact with the approved provider of an accredited service, or the home service provider of a home service, if the assessment contact:
(a) was first made by a regulatory official before the SQF commencement time; and
(b) immediately before the SQF commencement time, the regulatory official had not given the provider written notice under section 68 in relation to the assessment contact.
(2) Despite the amendments of section 5 and Division 5 of Part 5 made by the amending instrument, those provisions, as in force immediately before the SQF commencement time, continue to have effect in relation to the assessment contact.
143 Assessment contacts initiated after the SQF commencement time in relation to timetables for improvement notified before the SQF commencement time
(1) This section applies in relation to an assessment contact with the approved provider of an accredited service, or the home service provider of a home service, if:
(a) a timetable for improvement in relation to the service was:
(i) notified to the provider under section 30, 42, 68 or 79 before the SQF commencement time; or
(ii) notified to the home service provider of a home service under section 68 before the SQF commencement time; or
(iii) specified in a final report under section 57 given to the home service provider of a home service before the SQF commencement time; and
(b) immediately before the SQF commencement time, the period set out in the timetable, or as extended under section 83, had not ended; and
(c) the assessment contact is made in relation to the timetable for improvement after the SQF commencement time.
Definition of assessment contact
(2) Section 5, as amended by the amending instrument, applies in relation to the assessment contact as if:
(a) in relation to the approved provider of an accredited service—paragraph 5(1)(a) included a reference to the Accreditation Standards or the Flexible Care Standards (as applicable); and
(b) in relation to the home service provider of a home service—paragraph 5(2)(a) included a reference to the Home Care Standards or the Flexible Care Standards (as applicable).
Action following assessment contact by regulatory official
(3) For the purposes of preparing the written notice under paragraph 68(a) in relation to the service, the regulatory official may take into account the extent of the provider’s compliance before the SQF commencement time with the Accreditation Standards, the Home Care Standards or the Flexible Care Standards (as applicable).
144 Review audits
(1) This section applies in relation to a review audit of an accredited service if:
(a) the review audit:
(i) began before the SQF commencement time; and
(ii) immediately before that time, the audit had not been completed; or
(b) the review audit:
(i) is arranged by the Commissioner after the SQF commencement time in relation to a request made by the approved provider of the accredited service for reconsideration of a regulatory reviewable decision (other than a decision of a kind mentioned in item 8 of the table in section 98 of this instrument); and
(ii) the regulatory reviewable decision was made before the SQF commencement time.
(2) Despite the amendments of Subdivision A of Division 6 of Part 5 made by the amending instrument, that Subdivision, as in force immediately before the SQF commencement time, continues to have effect in relation to the review audit.
145 Revocation following review audit
(1) This section applies in relation to a decision whether to revoke the accreditation of an accredited service under subsection 77(1) that:
(a) follows a review audit of the accredited service; and
(b) is made after the SQF commencement time.
(2) Subdivision B of Division 6 of Part 5, as amended by the amending instrument, applies in relation to the decision, whether the review audit was conducted before or after the SQF commencement time.
(3) If section 144 applies in relation to the review audit, for the purposes of:
(a) taking into account whether the Commissioner is satisfied that the approved provider will undertake continuous improvement in relation to the service under subparagraph 77(2)(a)(v); or
(b) making a decision under paragraph 77(4)(b) in relation to the service;
the Commissioner may take into account the extent of the provider’s compliance, before the SQF commencement time, with the Accreditation Standards or the Flexible Care Standards (as applicable).
146 Timetables for improvement
Subdivision A of Division 7 of Part 5, as amended by the amending instrument, applies in relation to a timetable for improvement that:
(a) is notified to the approved provider of an accredited service under section 30, 42, 68 or 79 after the SQF commencement time; or
(b) is notified to the home service provider of a home service under section 68 after the SQF commencement time; or
(c) is specified in a final report under section 57 given to the home service provider of a home service after the SQF commencement time.
147 Direction to revise plan for continuous improvement if there is failure to comply with relevant Standards
(1) This section applies if:
(a) the Commissioner finds, before or after the SQF commencement time, that the approved provider of an accredited service, or the home service provider of a home service, has failed to comply, before that time, with the Accreditation Standards, Home Care Standards or Flexible Care Standards (as applicable) in relation to the service; and
(b) the Commissioner has not given the provider a notice under subsection 84(1) in relation to the finding.
(2) The Commissioner may, after the SQF commencement time, give the provider a notice under subsection 84(1), as amended by the amending instrument, in relation to the finding.
148 Failure to comply with relevant Standards that places safety, health or well‑being of aged care consumer at serious risk
(1) This section applies if:
(a) the Commissioner finds, before or after the SQF commencement time, that the approved provider of an accredited service, or the home service provider of a home service, has failed to comply, before that time, with the Accreditation Standards, Home Care Standards or Flexible Care Standards (as applicable) in relation to the service; and
(b) the Commissioner has not complied with subsections 85(2), (3) and (4) in relation to the finding.
(2) Despite the amendments of section 85 made by the amending instrument, that section, as in force immediately before the SQF commencement time, continues to have effect in relation to the finding.
149 Information about failure to comply with Home Care Standards by service providers of home support services
(1) This section applies if:
(a) the Commissioner becomes aware, before or after the SQF commencement time, of a failure, before that time, by the service provider of a home support service to comply with the Home Care Standards in relation to the service; and
(b) the Commissioner has not given the Secretary information about the failure.
(2) Despite the amendment of section 109 made by the amending instrument, that section, as in force immediately before the SQF commencement time, continues to have effect in relation to the failure.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key 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 (or will amend) the compiled law. The information includes commencement details for amending laws and details of any 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 (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Aged Care Quality and Safety Commission Rules 2018 | 24 Dec 2018 (F2018L01837) | 1 Jan 2019 (s 2(1) item 1) | |
| Aged Care Legislation Amendment (Single Quality Framework Consequential Amendments and Transitional Provisions) Instrument 2019 | 3 Apr 2019 (F2019L00515) | Sch 1 (items 1–41): 1 July 2019 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Part 1 | |
| Division 1 | |
| s 2............................................. | rep LA s 48D |
| Division 2 | |
| s 4............................................. | am F2019L00515 |
| s 5............................................. | am F2019L00515 |
| Part 3 | |
| Division 3 | |
| Subdivision B | |
| s 28........................................... | am F2019L00515 |
| Subdivision C | |
| s 29........................................... | am F2019L00515 |
| s 30........................................... | am F2019L00515 |
| Subdivision D | |
| s 36........................................... | am F2019L00515 |
| s 40........................................... | am F2019L00515 |
| s 41........................................... | am F2019L00515 |
| s 42........................................... | am F2019L00515 |
| Part 4 | |
| Division 3 | |
| Subdivision B | |
| s 53........................................... | am F2019L00515 |
| s 54........................................... | am F2019L00515 |
| s 56........................................... | am F2019L00515 |
| s 57........................................... | am F2019L00515 |
| Part 5 | |
| Division 1 | |
| s 59........................................... | am F2019L00515 |
| Division 4 | |
| s 62........................................... | rs F2019L00515 |
| s 63........................................... | rep F2019L00515 |
| Division 5 | |
| Subdivision A | |
| s 68........................................... | am F2019L00515 |
| Division 6 | |
| Subdivision A | |
| s 70........................................... | am F2019L00515 |
| s 73........................................... | am F2019L00515 |
| s 76........................................... | am F2019L00515 |
| Subdivision B | |
| s 77........................................... | am F2019L00515 |
| s 79........................................... | am F2019L00515 |
| Division 7 | |
| Division 7 heading.................... | am F2019L00515 |
| Subdivision A | |
| s 81........................................... | rs F2019L00515 |
| s 82........................................... | rep F2019L00515 |
| Subdivision B | |
| Subdivision B heading.............. | am F2019L00515 |
| s 84........................................... | am F2019L00515 |
| s 85........................................... | am F2019L00515 |
| Part 8 | |
| Division 2 | |
| s 109......................................... | am F2019L00515 |
| Part 9 | |
| Division 1 | |
| Division 1 heading.................... | rs F2019L00515 |
| Subdivision A | |
| Subdivision A heading.............. | ad F2019L00515 |
| s 112......................................... | am F2019L00515 |
| Division 2 heading.................... | rep F2019L00515 |
| Subdivision B | |
| Subdivision B heading.............. | ad F2019L00515 |
| Division 3 heading.................... | rep F2019L00515 |
| Subdivision C | |
| Subdivision C heading.............. | ad F2019L00515 |
| Division 4 heading.................... | rep F2019L00515 |
| Subdivision D | |
| Subdivision D heading.............. | ad F2019L00515 |
| Division 5 heading.................... | rep F2019L00515 |
| Subdivision E | |
| Subdivision E heading.............. | ad F2019L00515 |
| Division 6 heading.................... | rep F2019L00515 |
| Subdivision F | |
| Subdivision F heading............... | ad F2019L00515 |
| Division 7 heading.................... | rep F2019L00515 |
| Subdivision G | |
| Subdivision G heading.............. | ad F2019L00515 |
| Division 2 | |
| Division 2................................. | ad F2019L00515 |
| s 138......................................... | ad F2019L00515 |
| s 139......................................... | ad F2019L00515 |
| s 140......................................... | ad F2019L00515 |
| s 141......................................... | ad F2019L00515 |
| s 142......................................... | ad F2019L00515 |
| s 143......................................... | ad F2019L00515 |
| s 144......................................... | ad F2019L00515 |
| s 145......................................... | ad F2019L00515 |
| s 146......................................... | ad F2019L00515 |
| s 147......................................... | ad F2019L00515 |
| s 148......................................... | ad F2019L00515 |
| s 149......................................... | ad F2019L00515 |
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