Accountability Amendment Principle 2014 (No. 1)

Overview

The Accountability Amendment Principle 2014 (No. 1) is a legislative instrument that amends the Accountability Principles 2014 under the Aged Care Act 1997. Enacted to address technical inaccuracies arising from legislative changes, this instrument ensures that references to provisions in the Act are updated to reflect recent amendments. Specifically, it replaces outdated references to paragraph 63-1(1)(m) with references to the newly designated paragraph 63-1(1)(l) in response to changes introduced by the Aged Care and Other Legislation Amendment Bill 2014. The purpose of these amendments is to streamline and clarify the responsibilities of approved providers in allowing access to their services by the Australian Aged Care Quality Agency's CEO or quality assessors. The instrument was developed by the Assistant Minister for Social Services and does not require consultation or a Regulation Impact Statement due to its minor and technical nature. It is compatible with human rights, as confirmed by a Statement of Compatibility with Human Rights.

Scope and Application

The Accountability Amendment Principle 2014 (No. 1) is a legislative instrument that makes technical amendments to the Accountability Principles 2014 under the Aged Care Act 1997. It applies to approved providers of aged care services who are responsible for allowing access to their service by the Chief Executive Officer (CEO) of the Australian Aged Care Quality Agency or a quality assessor for the purpose of performing functions or duties. These approved providers are entities or persons who are approved under the Act to provide aged care services and can receive subsidy payments for the care they provide to approved care recipients. The Act applies nationally across Australia, as it is Commonwealth legislation. The amendment reflects changes made by the Aged Care and Other Legislation Amendment Bill 2014, which replaced references to paragraph 63-1(1)(m) with paragraph 63-1(1)(l) in the Act, thereby relocating the relevant provisions. The Amending Principle is a legislative instrument for the purposes of the Legislative Instruments Act 2003, and it commenced on the day after it was registered or the day after the Aged Care and Other Legislation Amendment Bill 2014 received Royal Assent, whichever was later.

Key Provisions

The Accountability Amendment Principle 2014 (No. 1) is designed to update the Accountability Principles 2014 to reflect changes made to the Aged Care Act 1997. Section 9 of the Accountability Principles 2014 now references paragraph 63-1(1)(l) of the Aged Care Act 1997 (section 9), rather than the previous reference to paragraph 63-1(1)(m). Additionally, section 10(2)(b) and (c) of the Accountability Principles 2014 have been updated to reflect this change. These amendments do not alter the existing requirements or permitted actions under the Act; they simply update the references to align with legislative changes. The Aged Care Act 1997 imposes specific obligations on approved providers to facilitate the operation of the Australian Aged Care Quality Agency. Approved providers must allow the Chief Executive Officer of the Quality Agency, or a quality assessor, access to their service for the purpose of performing functions, duties, or exercising powers (section 63-1(1)(l)). This obligation ensures that the Quality Agency can effectively monitor and regulate aged care services to maintain high standards of care. Failure to comply with the obligations set forth in the Aged Care Act 1997 may result in various consequences. While the specific penalties for breach are not detailed in the explanatory statement, non-compliance with the Quality Agency's access requirements could lead to enforcement actions, including potential sanctions, fines, or other administrative penalties. The exact nature and severity of these consequences would depend on the specific circumstances and the discretion of the Quality Agency in enforcing the Act.