EXPLANATORY STATEMENT
Issued by the authority of the Minister for Mental Health and Ageing
Aged Care Act 1997
Accountability Amendment Principles 2012 (No. 1)
Section 96-1 of the Act allows the Minister to make Principles providing for various matters required or permitted by a Part or section of the Act. Among the Principles made under section 96-1 are the Accountability Principles 1998 (Accountability Principles).
The purpose of the Accountability Amendment Principles 2012 (No. 1) (the Amending Principles) is to remove a redundant reference to the Investigation Principles 2007 and to replace that reference with the Complaints Principles 2011. The Complaints Principles 2011 were enacted to replace the Investigation Principles 2007 when they were repealed in 2011.
In addition, the Amending Principles remove from the meaning of representative “the Secretary, in relation to the Secretary’s functions under the Investigation Principles 2007”. When handling complaints made to the Aged Care Complaints Scheme, the Secretary and delegates of the Secretary currently exercise monitoring powers as authorised officers appointed under the Aged Care Act 1997, rather than accessing residential aged care services as representatives under the Accountability Principles. This amendment puts beyond doubt the powers that a delegate of the Secretary is exercising when accessing an aged care service.
Consultation
As the amendments in the Amending Principles are of a minor or machinery nature, no specific consultation was undertaken in relation to this instrument.
Regulation Impact Statement
The Office of Best Practice Regulation has advised that no Regulation Impact Statement is required (OBPR ID 14239).
Commencement
This instrument commences on the day after registration.
The Amending Principles are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Accountability Amendment Principles 2012 (No. 1)
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The purpose of the Accountability Amendment Principles 2012 (No. 1) is to amend the Accountability Principles to substitute references to Investigation Principles 2007, which were repealed in 2011, with references to the Complaints Principles 2011. The Amending Principles also omit ‘the Secretary’ from the list of representatives who may access a residential care service under the Accountability Principles.
Human Rights Implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Mark Butler
Minister for Mental Health and Ageing