Aged Care (Aged Care Pricing Commissioner-Other Functions) Instrument 2015

Administered by Department of Health, Disability and Ageing

Legislation au F2015L02126 Not in force Legislative Instrument

Legislation content

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 This section is set to be repealed and this instrument brings together disclosure of information functions of the Pricing Commissioner in the one instrument.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

     

     

                

    Overview

    The Aged Care (Aged Care Pricing Commissioner—Other Functions) Instrument 2015 was enacted to address the need for improved handling of aged care complaints by ensuring that the Aged Care Complaints Commissioner has access to necessary information for effective complaint resolution. This legislative instrument expands the functions of the Aged Care Pricing Commissioner to include the disclosure of specified information regarding extra service fees and accommodation payments to both the Secretary and the Aged Care Complaints Commissioner, thereby supporting the independence of complaints management. The instrument was made under the authority of the Minister for Aged Care and aligns with the Aged Care Act 1997, aiming to enhance the efficiency and independence of the complaints process. It commences on 1 January 2016, in tandem with the implementation of the Aged Care Amendment (Independent Complaints Arrangements) Act 2015, which transferred the responsibility for aged care complaints from the Department of Health to the Aged Care Complaints Commissioner. This legislative measure is designed to ensure that the relevant authorities have the information they need to effectively manage and resolve aged care complaints.

    Scope and Application

    The Aged Care (Aged Care Pricing Commissioner—Other Functions) Instrument 2015 applies to the Aged Care Pricing Commissioner, who is responsible for the disclosure of specific information related to extra service fees and accommodation payments to the Secretary and the Aged Care Complaints Commissioner. This legislation serves to align with the amendments introduced by the Aged Care Amendment (Independent Complaints Arrangements) Act 2015, which restructured the handling of aged care complaints by transferring responsibility from the Secretary of the Department of Health to the Aged Care Complaints Commissioner. This change aims to enhance the independence of the complaints handling process by separating it from the Department of Health’s policy and regulatory functions. The instrument specifies that the Pricing Commissioner must disclose specified information regarding extra service fees and accommodation payments when requested by the Aged Care Complaints Commissioner or the Secretary, ensuring that these officials have the necessary information to perform their respective functions effectively. The instrument commenced on 1 January 2016, in alignment with the commencement of the Complaints Arrangements Act. The instrument is compatible with human rights, particularly concerning the protection against arbitrary interference with privacy, as it governs the collection, use, and disclosure of protected information in accordance with the Privacy Act 1988 and other relevant legislation.

    Key Provisions

    The Aged Care (Aged Care Pricing Commissioner—Other Functions) Instrument 2015 (sections 4 and 5) outlines additional functions for the Aged Care Pricing Commissioner (Pricing Commissioner) to disclose specified information to the Secretary and the Aged Care Complaints Commissioner regarding extra service fees and accommodation payments. Section 4 of the instrument specifies that the Pricing Commissioner is required to disclose to the Secretary information about extra service fees and, if requested, information about accommodation payments. Similarly, section 5 stipulates that the Pricing Commissioner must disclose specified information about extra service fees and accommodation payments to the Aged Care Complaints Commissioner if such information is related to a complaint and if the Aged Care Complaints Commissioner requests it. These provisions are designed to ensure that both the Secretary and the Aged Care Complaints Commissioner have the necessary information to effectively perform their respective functions, which include oversight, compliance, and complaint handling within the aged care sector. The obligations imposed on the Pricing Commissioner under this instrument include the responsibility to accurately and timely disclose the specified information as required by the Secretary and the Aged Care Complaints Commissioner. The Pricing Commissioner must ensure that the disclosure is limited to information relevant to the functions of the Secretary and the Aged Care Complaints Commissioner, adhering to the guidelines set forth in the Extra Service Principles 2014 and the Fees and Payments Principles 2014 (No. 2). Furthermore, the Pricing Commissioner must manage this information in accordance with the Privacy Act 1988 and other applicable legislation, ensuring that the disclosure is only made where reasonably necessary for the fulfilment of the Pricing Commissioner’s lawful and legitimate functions, and in accordance with the Australian Privacy Principles. In terms of consequences for non-compliance, while the instrument itself does not specify penalties for breach, any failure to comply with the obligations to disclose information as required may result in legal action under the Aged Care Act 1997 or other relevant legislation. Additionally, breaches of the Privacy Act 1988 could attract civil penalties, with maximum penalties varying depending on the nature and severity of the breach. Such breaches could also lead to criminal charges, with potential maximum penalties for serious privacy breaches being significant. The Pricing Commissioner is therefore expected to adhere strictly to the legislative requirements to avoid any legal repercussions.

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    Area of Law
    Administrative Law
    Privacy Law
    Instrument
    Legislative Instrument
    Concepts
    Definitions & Interpretation
    Reporting & Disclosure Obligations
    Privacy Act 1988

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    Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.