EXPLANATORY STATEMENT
Issued by the authority of the Minister for Aged Care
Aged Care Amendment (Independent Complaints Arrangements) Act 2015
Aged Care Amendment (Independent Complaints Arrangements) Commencement Proclamation 2015
Purpose
Item 1 of the table in subsection 2(1) of the Aged Care Amendment (Independent Complaints Arrangements) Act 2015 (the Act) provides that the whole of that Act is to commence on a day fixed by Proclamation. However, if any of the provisions of that Act do not commence within 6 months from the date the Act receives the Royal Assent, then the provisions will commence on the first day after the end of that 6 month period. The Act received Royal Assent on 13 October 2015.
The purpose of the Aged Care Amendment (Independent Complaints Arrangements) Commencement Proclamation (the Proclamation) is to fix 1 January 2016 as the day on which the Act commences.
The Act amends the Aged Care Act 1997 to implement a 2015 Budget measure intended to separate aged care complaints handling from the regulatory and policy functions of the Department of Health by transferring responsibility for aged care complaints to the Aged Care Complaints Commissioner.
Administrative arrangements will need to be made to bring into effect the change, such as amendments to subordinate legislation and delegations of the Aged Care Complaints Commissioner’s functions to officers working in the Aged Care Complaints Scheme. The proposed commencement date allows time for those administrative arrangements to be made. The commencement date of 1 January 2016 was proposed in the 2015 Budget measure and was determined in consultation with the Office of the Aged Care Commissioner.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. However, the Proclamation is not subject to disallowance under item 42 of the table in subsection 44(2) of that Act.
A Statement of Compatibility with Human Rights was prepared for the Act. An additional Statement is not required for this Proclamation as it is not subject to disallowance.
In accordance with section 17 of the Legislative Instruments Act 2003, consultation has taken place with the Office of the Aged Care Commissioner.
The Office of the Aged Care Commissioner and the Attorney-General’s Department were consulted on the development of the Act.