EXPLANATORY STATEMENT
Select Legislative Instrument No. 2015
Issued by the authority of the Minister for Aged Care
Aged Care Act 1997
Aged Care (Aged Care Pricing Commissioner—Other Functions) Instrument 2015
Purpose
The instrument describes extra functions for the Aged Care Pricing Commissioner (Pricing Commissioner) to disclose information to the Secretary and Aged Care Complaints Commissioner regarding extra service fees and accommodation payments.
Background
The Aged Care Amendment (Independent Complaints Arrangements) Act 2015 (the Complaints Arrangements Act) made amendments to the Aged Care Act 1997 (the Act) to reflect the implementation of the 2015 Budget measure, Aged Care – Independent Aged Care Complaints Arrangements, under which responsibility for aged care complaints transferred from the Secretary of the Department of Health to the Aged Care Complaints Commissioner.
The Complaints Arrangements Act made a number of changes to the Act, including changing the name of the Aged Care Commissioner to the Aged Care Complaints Commissioner, and changing the functions of the Aged Care Complaints Commissioner to cover the functions previously undertaken by the Secretary. The purpose of these changes is to increase the independence of aged care complaints handling by separating responsibility for the management of aged care complaints from the Department of Health’s aged care policy and regulatory functions.
In order for the Aged Care Complaints Commissioner to be able to adequately respond to complaints this instrument provides the Pricing Commissioner with the ability to disclose specified information regarding extra service fees and accommodation payments to the Aged Care Complaints Commissioner when that information is requested.
The instrument also provides the Pricing Commissioner with the ability to disclose information to the Secretary of the Department. Previously many of the functions in relation to extra service fees were included in Section 22 of the Extra Service Principles 2014. This section is set to be repealed and this instrument brings together disclosure of information functions of the Pricing Commissioner in the one instrument.
Commencement
The instrument commences on 1 January 2016, to align with the commencement of the Complaints Arrangements Act.
Consultation
In preparing this instrument, and other instruments made to support the changes arising from the Aged Care Amendment (Independent Complaints Arrangements) Act 2015, the Department consulted with the Aged Care Commissioner, the Aged Care Pricing Commissioner and the Australian Aged Care Quality Agency on parts of the changes relevant to each body.
Regulation Impact Statement (RIS)
Following consultation with the Office of Best Practice Regulation (OBPR), a RIS is not required as per OPBR reference number 19883.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Explanation of the provisions
Section 1
This section provides that the name of the instrument will be the Aged Care (Aged Care Pricing Commissioner—Other Functions) Instrument 2015.
Section 2
This section provides the commencement date for the instrument. The instrument will commence on 1 January 2016.
Section 3
This section provides the authority for the Minister to make the instrument. Authority is found in paragraph 95B-1(2)(e) of the Aged Care Act 1997.
Section 4
This section provides definitions of terms that are used in the instrument.
Section 5
This section specifies the additional functions of the Pricing Commissioner to disclose information to the Secretary and to the Aged Care Complaints Commissioner.
In relation to the Secretary, the Pricing Commissioner has the function to disclose to the Secretary specified information about extra service fees and if requested by the Secretary, specified information about accommodation payments.
In relation to the Aged Care Complaints Commissioner, the Pricing Commissioner has the function to disclose the specified information in relation to extra service fees and accommodation payments if the information relates to a complaint made to the Aged Care Complaints Commissioner and the Aged Care Complaints Commissioner requests the information.
The purpose of this section is to ensure that the Secretary and the Aged Care Complaints Commissioner have adequate information from the Aged Care Pricing Commissioner to enable him or her to perform his or her functions. This includes the Aged Care Complaints Commissioner’s functions relating to complaints, and the Secretary’s functions relating to compliance and the calculation of fees and subsidy.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Aged Care (Aged Care Pricing Commissioner—Other Functions) Instrument 2015
This 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 instrument describes extra functions for the Aged Care Pricing Commissioner (Pricing Commissioner) to disclose information to the Secretary and Aged Care Complaints Commissioner regarding extra services, fees and payments.
Human rights implications
The instrument engages the protection against arbitrary interference with privacy in article 17 of the International Covenant on Civil and Political Rights and article 22 of the International Covenant on the Rights of Persons with Disabilities.
The instrument will outline the Pricing Commissioner’s ability to disclose protected information. The collection, use, and disclosure of this information relates to the Pricing Commissioner’s functions under the Extra Service Principles 2014 and the Fees and Payments Principles 2014 (No. 2).
The Pricing Commissioner’s abilities to access and manage this information will be governed by the Privacy Act 1988 and any other applicable legislation. Information will only be dealt with where reasonably necessary for the fulfilment of the Pricing Commissioner’s lawful and legitimate functions and only in accordance with the Australian Privacy Principles.
Conclusion
The instrument is compatible with human rights. To the extent that it may limit the protection against arbitrary interference with privacy, those limitations are reasonable and proportionate and this approach is compatible with human rights principles.
The Hon Sussan Ley, MP
Minister for Aged Care