Acts of Parliament assented to – Act No. 47 to 54 of 2022

Overview

The Aged Care Amendment (Implementing Care Reform) Act 2022 was enacted to address deficiencies in the existing framework for aged care services, ensuring that the care provided to elderly Australians meets higher standards of quality and accountability. This Act was assented to by the Governor-General on 9 November 2022 and is a response to the need for reform identified through various reviews and recommendations. The Australian Human Rights Commission Legislation Amendment (Selection and Appointment) Act 2022 aims to improve the selection process for members of the Australian Human Rights Commission, ensuring that appointees possess the necessary qualifications and experience to effectively advocate for human rights. Both Acts were passed by the Parliament, reflecting the legislative body's commitment to enhancing critical areas of public service delivery.

Scope and Application

The Aged Care Amendment (Implementing Care Reform) Act 2022 applies to all aged care providers in Australia, including residential, community, and home care services, and extends to the regulation of their practices and services. The Act amends the Aged Care Act 1997 to ensure improvements in the quality of care provided to elderly Australians, addressing issues such as care standards, funding, and consumer rights. It also introduces measures to enhance accountability and oversight of aged care services, ensuring that they meet the necessary regulatory requirements. The Act has a national reach and applies across all states and territories, with specific provisions tailored to address regional disparities and the unique needs of different communities within Australia. The Act does not specify any exclusions or exemptions but rather seeks to provide comprehensive coverage in the realm of aged care reform. The Australian Human Rights Commission Legislation Amendment (Selection and Appointment) Act 2022 focuses on the appointment of members to the Australian Human Rights Commission, ensuring that the process is transparent and aligns with the principles of merit and diversity. This Act applies to all individuals involved in the selection and appointment process for Commission members, including the Federal Government and relevant parliamentary committees. Its jurisdictional reach is national, affecting all states and territories uniformly. The Act does not detail specific exclusions but rather aims to enhance the integrity and effectiveness of the Commission by establishing a robust appointment framework. Additionally, the Act provides for the Commission to operate more effectively in upholding human rights across Australia.

Key Provisions

The Aged Care Amendment (Implementing Care Reform) Act 2022, Act No. 47 of 2022, introduces significant changes to the Aged Care Act 1997. The key operative sections (sections 3 and 4) establish a new framework for care delivery, including the introduction of My Aged Care, a central point of contact for all aged care services, and the establishment of the Aged Care Quality and Safety Commission to oversee compliance and quality of care. This Act also sets out new rights for older Australians to have more control over their care and to be treated with dignity and respect. The Australian Human Rights Commission Legislation Amendment (Selection and Appointment) Act 2022, Act No. 48 of 2022, revises the process for appointing members of the Australian Human Rights Commission. Under sections 3 and 5, the new process aims to ensure a more transparent and merit-based selection process, with a requirement for candidates to demonstrate their suitability for the role. This Act imposes obligations on the relevant Minister to advertise vacancies and to consider the recommendations of a selection panel. The Counter-Terrorism Legislation Amendment (AFP Powers and Other Matters) Act 2022, Act No. 49 of 2022, updates counter-terrorism laws by enhancing the powers of the Australian Federal Police. Section 3 of the Act allows for the use of new surveillance techniques and expands the grounds for obtaining warrants. The Act also imposes duties on law enforcement agencies to ensure these powers are exercised in accordance with the law and human rights standards. The Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022, Act No. 50 of 2022, introduces provisions for paid family and domestic violence leave under the Fair Work Act 2009. Section 2 of the Act requires employers to provide eligible employees with up to 10 days of paid leave in cases of family or domestic violence. Employers who fail to comply with this requirement may face civil penalties, including fines of up to $12,600 per offence. The Jobs and Skills Australia Act 2022, Act No. 51 of 2022, establishes Jobs and Skills Australia as the national skills authority, replacing the National Skills Commissioner. Section 3 outlines the functions of Jobs and Skills Australia, which include developing the Australian Workforce Strategy and providing advice to the government on workforce needs. The Act also imposes a duty on the entity to collaborate with other stakeholders to ensure effective skills development and employment outcomes. The Jobs and Skills Australia (National Skills Commissioner Repeal) Act 2022, Act No. 52 of 2022, repeals the National Skills Commissioner Act 2020. Section 3 of the Act provides for the transfer of functions from the National Skills Commissioner to Jobs and Skills Australia. The repeal aims to streamline the workforce planning and skills development functions under a single entity, ensuring better coordination and efficiency. The National Health Amendment (General Co-payment) Act 2022, Act No. 53 of 2022, amends the National Health Act 1953 to introduce a general co-payment for certain medical services. Section 4 of the Act sets out the new co-payment amounts and the services to which they apply. Patients will be required to contribute to the cost of their care, with exceptions for low-income earners and specific vulnerable groups. The Treasury Laws Amendment (More Competition, Better Prices) Act 2022, Act No. 54 of 2022, makes amendments to the Competition and Consumer Act 2010 and the Australian Securities and Investments Commission Act 2001 to promote competition and protect consumers. Section 5 of the Act introduces new measures to tackle anti-competitive behaviour, including increased penalties for breaches of competition laws. The Act also imposes obligations on businesses to ensure they do not engage in practices that harm competition. Breaches of these provisions can result in significant fines and, in some cases, criminal penalties.