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.
Overview
The Aged Care Amendment (Independent Complaints Arrangements) Act 2015, enacted by the Australian Parliament, was introduced to address a significant gap in the aged care sector's complaint handling framework by ensuring greater independence and accountability in this process. The Act aims to enhance the quality and effectiveness of aged care services by transferring the responsibility for handling complaints from the Department of Health to the Aged Care Complaints Commissioner. This shift seeks to foster a more impartial and efficient complaints resolution mechanism, ultimately protecting the rights and interests of aged care recipients. The policy objective is to establish a more robust and trustworthy system that ensures complaints are dealt with in an unbiased and transparent manner, thereby improving the overall quality of aged care services. The Act received Royal Assent on 13 October 2015, with the Aged Care Amendment (Independent Complaints Arrangements) Commencement Proclamation 2015 setting the commencement date of the Act as 1 January 2016 to allow for necessary administrative arrangements to be made.
Scope and Application
The Aged Care Amendment (Independent Complaints Arrangements) Act 2015 applies to the handling of aged care complaints within Australia, transferring the responsibility for such complaints from the Department of Health to the Aged Care Complaints Commissioner. This legislative change aims to ensure a separation between the complaints handling function and the regulatory and policy functions of the Department of Health. The Act affects entities involved in the provision of aged care services and the individuals who utilize these services. The geographic reach of the Act is nationwide, as it applies across Australia, encompassing the Commonwealth, states, and territories. The Act does not specify any exclusions, exemptions, or thresholds in the explanatory statement provided. However, it does indicate that administrative arrangements, including amendments to subordinate legislation and delegations of functions, will be necessary to implement the changes effectively. The Aged Care Amendment (Independent Complaints Arrangements) Commencement Proclamation 2015 fixes the commencement date of the Act as 1 January 2016, allowing sufficient time for the necessary administrative preparations to be completed.
Key Provisions
The Aged Care Amendment (Independent Complaints Arrangements) Act 2015 (section 2(1)) sets the stage for the transfer of responsibility for aged care complaints from the Department of Health to the Aged Care Complaints Commissioner. This transfer aims to ensure that the handling of complaints is independent from the regulatory and policy functions of the Department of Health (section 1). The Act received Royal Assent on 13 October 2015 and was proclaimed to commence on 1 January 2016, providing a six-month window for necessary administrative adjustments.
The Act imposes several obligations on the parties it governs. It mandates the Aged Care Complaints Commissioner to handle all complaints related to aged care services, ensuring that the process is independent and separate from the Department of Health’s regulatory activities (section 3). Furthermore, the Aged Care Complaints Commissioner must establish and maintain a system for the effective and efficient handling of complaints, ensuring that they are resolved promptly and fairly (section 4). The Act also requires the Commissioner to report periodically to the Minister for Aged Care on the activities and performance of the complaints scheme (section 5).
Non-compliance with the provisions of the Act can lead to serious consequences. While the Act does not explicitly list offences, breaches of the administrative and operational requirements could potentially be pursued under related legislation or common law. For instance, failure to comply with reporting obligations could result in civil or administrative penalties. Although the Act itself does not specify maximum penalties, any associated regulatory breaches could attract fines or other sanctions under relevant laws. Additionally, if the Commissioner fails to handle complaints in accordance with the statutory requirements, aggrieved parties may seek redress through the courts, potentially leading to injunctions or other remedies.
The Aged Care Amendment (Independent Complaints Arrangements) Commencement Proclamation 2015, which was issued under the Legislative Instruments Act 2003, ensures that the Act comes into effect on 1 January 2016. This Proclamation was developed in consultation with the Office of the Aged Care Commissioner and the Attorney-General’s Department to ensure a smooth transition of responsibilities and to allow sufficient time for administrative preparations. It is noteworthy that the Proclamation, while a legislative instrument, is not subject to disallowance and thus does not require a separate Statement of Compatibility with Human Rights, as it does not introduce new rights or obligations.