Accreditation Grant Amendment Principles 2000 (No. 1)
I, BRONWYN KATHLEEN BISHOP, Minister for Aged Care, make these Principles under subsection 96-1 (1) of the Aged Care Act 1997.
Dated 21st December 2000
BRONWYN BISHOP
Minister for Aged Care
1 Name of Principles
These Principles are the Accreditation Grant Amendment Principles 2000 (No. 1).
2 Commencement
These Principles commence on gazettal.
3 Amendment of Accreditation Grant Principles 1999
Schedule 1 amends the Accreditation Grant Principles 1999.
4 Transitional
Sections 2.13, 2.30 and 7.1 of the Accreditation Grant Principles 1999, as in force immediately before the commencement of these Principles, continue to apply in relation to a variation of arrangements for support contacts made under subsection 2.13 (1) or 2.30 (1) of the Accreditation Grant Principles 1999 before the commencement of these Principles.
Schedule 1 Amendments
(section 3)
[1] Section 1.3, definitions of accredited provider and accredited residential care service
substitute
accredited provider means an approved provider of a residential care service in respect of which:
(a) the approved provider has an allocation of places; and
(b) either:
(i) the approved provider has been given a certificate of accreditation, under subsection 2.12 (3), paragraph 2.29 (3) (b) or subsection 2.39 (3); or
(ii) there is in force a determination under section 42-5 of the Act.
accredited residential care service means a residential care service:
(a) that is accredited under these Principles; or
(b) in respect of which there is in force a determination under section 42-5 of the Act.
[2] Section 2.13
substitute
2.13 Varying arrangements for support contacts
The accreditation body may, in writing, vary arrangements for support contacts with the residential care service by the accreditation body.
[3] Section 2.30
substitute
2.30 Varying arrangements for support contacts
The accreditation body may, in writing, vary arrangements for support contacts with the residential care service by the accreditation body.
[4] After section 5.2
insert
5.3 Information requested by Secretary
If the Secretary asks the accreditation body for protected information for the purposes of the Act, the accreditation body must give the information to the Secretary.
[5] Section 7.1, table, item 1
omit
Overview
The Accreditation Grant Amendment Principles 2000 (No. 1) were introduced by the Commonwealth Government to address specific issues and update the existing Accreditation Grant Principles 1999. Enacted by Bronwyn Kathleen Bishop, the Minister for Aged Care, these principles aim to refine and amend the accreditation processes and definitions for residential care services. The primary objective of these principles is to ensure that residential care services meet the required standards of care and accreditation, thereby protecting the welfare of aged care recipients. These principles came into effect immediately upon their gazettal, as stated in the legislation, and include transitional provisions to manage the shift from the old principles to the new amendments. By updating the definitions of "accredited provider" and "accredited residential care service," and introducing new provisions for information sharing with the Secretary, these principles seek to enhance the oversight and management of residential care services under the Aged Care Act 1997.
Scope and Application
The Accreditation Grant Amendment Principles 2000 (No. 1) applies to the amendment of the Accreditation Grant Principles 1999, which are provisions under the Aged Care Act 1997. These principles specifically address the accreditation of providers of residential care services and the arrangements for support contacts as outlined by the accreditation body. The Act applies to approved providers who have been allocated places and are involved in residential care services that are either accredited under the principles or in respect of which there is a determination in force under section 42-5 of the Aged Care Act 1997. The geographic reach of this legislation is national, as it pertains to the Commonwealth framework for aged care accreditation. Additionally, certain sections of the 1999 principles continue to apply to variations of arrangements for support contacts made before the commencement of these 2000 principles. The legislative instrument does not explicitly state exclusions, but it does note that certain sections remain in force for pre-commencement variations. The application of these principles can be further extended or restricted through subordinate instruments, as may be necessary to adapt to changes in the aged care sector.
Key Provisions
The Accreditation Grant Amendment Principles 2000 (No. 1) introduce specific amendments to the Accreditation Grant Principles 1999. Section 1.3 redefines key terms such as 'accredited provider' and 'accredited residential care service', clarifying that an accredited provider must have an allocation of places and either possess a certificate of accreditation or be subject to a determination under section 42-5 of the Aged Care Act 1997. An accredited residential care service is one that is either accredited under these Principles or subject to a determination under section 42-5 of the Act. The amendments also provide that the accreditation body can vary arrangements for support contacts with the residential care service in writing (Section 2.13 and 2.30). Additionally, the new Section 5.3 mandates that the accreditation body must provide protected information to the Secretary if requested for the purposes of the Act.
The Accreditation Grant Amendment Principles 2000 (No. 1) impose specific obligations on accreditation bodies. These bodies must adhere to the re-defined terms and processes outlined in the legislation, particularly when it comes to variations in support contact arrangements and the provision of information to the Secretary. The amendments necessitate that accreditation bodies provide requested protected information to the Secretary, ensuring transparency and compliance with the Aged Care Act 1997. Furthermore, the transitional provisions ensure that certain sections of the 1999 Principles continue to apply to variations made before the commencement of the 2000 Principles.
The Accreditation Grant Amendment Principles 2000 (No. 1) outline potential consequences for non-compliance with its provisions. While the legislation does not explicitly state civil or criminal penalties, failure to comply with the requirements, such as not providing requested protected information to the Secretary, could result in enforcement actions under the Aged Care Act 1997. This might include administrative sanctions, fines, or other legal actions to ensure adherence to the legislative requirements. The specific penalties would depend on the nature and extent of the breach and the discretion of the relevant authorities.