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 The Complaints Principles 2011 were enacted to replace the Investigation Principles 2007 when they were repealed in 2011.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
Overview
The Accountability Amendment Principles 2012 (No. 1) were enacted to amend the Accountability Principles under the Aged Care Act 1997, addressing the redundancy of references to the repealed Investigation Principles 2007. This amendment aims to streamline the legislative framework by replacing outdated references with the Complaints Principles 2011, ensuring the continued effectiveness of the Aged Care Complaints Scheme. Additionally, the legislative instrument clarifies the powers of the Secretary's delegates when handling complaints, specifically removing ambiguity around their authority as representatives accessing aged care services. This minor yet significant adjustment is intended to reinforce the accountability and monitoring functions within the aged care sector. The instrument was introduced by the Minister for Mental Health and Ageing and is compatible with human rights as it does not engage any of the applicable rights or freedoms, as outlined in the Statement of Compatibility with Human Rights.
Scope and Application
The Accountability Amendment Principles 2012 (No. 1) are designed to update the Accountability Principles under the Aged Care Act 1997 by replacing references to the repealed Investigation Principles 2007 with references to the Complaints Principles 2011. These principles primarily affect the Secretary of the Department of Health and Ageing and their delegates when exercising monitoring powers in relation to complaints made to the Aged Care Complaints Scheme. The Amending Principles clarify that the Secretary and their delegates, while handling complaints, exercise their powers as authorised officers under the Aged Care Act 1997 rather than as representatives accessing residential aged care services. This amendment ensures there is no ambiguity regarding the authority exercised by the Secretary’s delegates in these circumstances. The principles apply to the Commonwealth of Australia and do not require additional consultation, as the changes are considered minor and of a machinery nature. This legislative instrument is compatible with human rights and does not engage any of the applicable rights or freedoms as recognised in relevant international instruments.
Key Provisions
The Accountability Amendment Principles 2012 (No. 1) amend the Accountability Principles 1998 by removing outdated references to the Investigation Principles 2007, which were repealed in 2011, and replacing them with references to the Complaints Principles 2011 (section 96-1). The Amending Principles also refine the definition of 'representative' by excluding 'the Secretary' from the list of those who may access a residential care service under the Accountability Principles (section 96-1). These changes clarify the roles and responsibilities of the Secretary and their delegates when handling complaints within the Aged Care Complaints Scheme.
Under the Accountability Amendment Principles 2012 (No. 1), the Secretary and their delegates are authorised to exercise monitoring powers as appointed officers under the Aged Care Act 1997 (section 96-1). These powers are intended to be exercised when accessing aged care services for the purpose of handling complaints, rather than under the guise of representatives accessing such services. This amendment ensures clarity regarding the authority of the Secretary's delegates when they interact with aged care providers.
The Amending Principles impose no new obligations on the parties or entities they govern. Instead, they streamline existing provisions by updating references and clarifying the scope of certain roles. The changes aim to ensure that the Aged Care Complaints Scheme operates efficiently and effectively by aligning the Accountability Principles with current legislative frameworks.
There are no specific offences, penalties, or consequences outlined in the Accountability Amendment Principles 2012 (No. 1) for breaches of the amended Accountability Principles. However, any failure to comply with the Aged Care Act 1997 or the Complaints Principles 2011 could lead to civil or criminal consequences under those respective Acts. The Amending Principles themselves do not introduce new sanctions or penalties but ensure that the regulatory framework remains current and coherent.
The Accountability Amendment Principles 2012 (No. 1) do not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement of Compatibility with Human Rights confirms that the Legislative Instrument is compatible with human rights as it does not raise any human rights issues. The changes are primarily administrative and aim to maintain the integrity and effectiveness of the Aged Care Complaints Scheme.