Aged Care (Form of Identity Card) Approval 2021
I, Dr Brendan Murphy, Secretary of the Department of Health, make the following approval.
Dated 19 March 2021
Dr Brendan Murphy
Secretary of the Department of Health
Contents
1 Name
2 Commencement
3 Authority
4 Definitions
5 Identity cards—approved form
1 Name
This instrument is the Aged Care (Form of Identity Card) Approval 2021.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | 1 April 2021. | 1 April 2021 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subsection 96‑2A(3) of the Aged Care Act 1997.
4 Definitions
In this instrument:
Act means the Aged Care Act 1997.
5 Identity cards—approved form
(1) This section is made for the purposes of subsection 96‑2A(3) of the Act and sets out the approved form of an identity card to be issued to a person (the delegate) to whom the Secretary’s powers and functions under section 29C‑3 of the Act are delegated under subsection 96‑2(15) of the Act.
Size of card
(2) The identity card is to have dimensions of 85.60 mm by 53.98 mm (CR80 standard).
Front of card
(3) The identity card must contain the following elements on the front of the card:
(a) the logo (if any) of the employer of the delegate;
(b) the name, or an abbreviation of the name, of the employer;
(c) the full name of the delegate;
(d) the photograph of the delegate required by paragraph 96‑2A(2)(b) of the Act.
Note: Paragraph 96‑2A(2)(b) of the Act requires an identity card to include a photograph of the delegate that is no more than 5 years old.
(4) The photograph referred to in paragraph (3)(d) must:
(a) be a colour photograph; and
(b) show the delegate’s full face; and
(c) have a resolution of at least 300 dpi; and
(d) have an aspect ratio (being width divided by height) of 0.75; and
(e) have the following dimensions:
(i) 35 mm to 40 mm wide;
(ii) 45 mm to 50 mm high.
Back of card
(5) The identity card must contain the following elements on the back of the card:
(a) the Australian Government logo and the words “Department of Health”;
(b) the delegate’s delegation number as set out in the instrument delegating the Secretary’s powers and functions under section 29C‑3 of the Act to the delegate;
(c) an address for the card to be returned to if it is found;
(d) the text specified in subsection (6) of this section.
(6) For the purposes of paragraph (5)(d), the specified text is as follows:
“The bearer of this card is a delegate of the Secretary of the Department of Health under subsection 96‑2(15) of the Aged Care Act 1997 and may exercise powers and functions delegated under section 29C‑3 of that Act to assess the level of care needed by care recipients for the purposes of classifying care recipients under Part 2.4A of that Act.
“An approved provider of aged care must, in accordance with the Accountability Principles 2014, allow the bearer of this card access to an aged care service to assess the care needs of care recipients.”
Overview
The Aged Care (Form of Identity Card) Approval 2021 was introduced to address the need for standardised identity cards for delegates authorised under the Aged Care Act 1997. Enacted by Dr Brendan Murphy, the Secretary of the Department of Health, this approval sets out the approved form of identity cards to be issued to delegates responsible for assessing the care needs of aged care recipients. The approval ensures that these identity cards contain specific elements, including the delegate’s photograph, the employer’s logo and name, and a statement of the delegate’s authority. The objective is to provide a clear and consistent means of identification for authorised individuals, facilitating their role in assessing care needs within the aged care sector.
Scope and Application
The Aged Care (Form of Identity Card) Approval 2021 specifies the approved form of identity cards for delegates of the Secretary of the Department of Health, who are authorised to assess the care needs of aged care recipients. This legislation applies to individuals who are appointed as delegates of the Secretary under subsection 96-2(15) of the Aged Care Act 1997, enabling them to exercise powers and functions related to the assessment of care needs under section 29C-3 of the Act. The geographic reach of this approval is effectively national, given that the Aged Care Act 1997 operates across Australia, regulating aged care services provided by approved providers. The identity cards, once approved and issued, are intended to provide authorised access to aged care services for the purpose of conducting assessments as specified. There are no stated exclusions or exemptions within the text of this instrument, but the application of these identity cards is inherently limited to those individuals duly appointed as delegates under the Act. The instrument does not extend or restrict its application through subordinate instruments but provides specific details on the card's physical dimensions, front and back content, and photograph requirements.
Key Provisions
The Aged Care (Form of Identity Card) Approval 2021 sets out the approved form of identity cards that must be issued to delegates of the Secretary of the Department of Health (sections 1-5). This instrument, which commenced on April 1, 2021, is made under the Aged Care Act 1997 and specifies the details and requirements for the identity cards given to these delegates. These cards are intended for individuals who have been delegated specific powers and functions under the Act to assess the care needs of aged care recipients.
The Approved Identity Card must adhere to certain specifications. Firstly, the card should have dimensions of 85.60 mm by 53.98 mm, following the CR80 standard. The front of the card must include the employer's logo, the employer's name or an abbreviation thereof, the delegate's full name, and a photograph of the delegate that meets certain criteria. The photograph must be a colour image showing the delegate's full face, have a resolution of at least 300 dpi, an aspect ratio of 0.75, and dimensions of between 35 mm to 40 mm wide and 45 mm to 50 mm high. On the back, the card must include the Australian Government logo and the words "Department of Health," the delegate's delegation number, an address for the card's return if found, and a specific text stating the bearer's authority and the purpose of the card.
The Act imposes certain obligations on the parties involved. Employers who issue these identity cards to their delegates must ensure the cards meet the specifications outlined in the Approval. Delegates who receive these cards must use them appropriately for the purposes stated in the Act and return them if they are found. Approved providers of aged care must allow the bearer of the card access to their services to assess the care needs of care recipients, in accordance with the Accountability Principles 2014.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the Aged Care (Form of Identity Card) Approval 2021 for non-compliance with the requirements of the Act. However, failure to adhere to the specifications or misuse of the identity cards could potentially lead to disciplinary actions or other consequences under the Aged Care Act 1997 or other relevant legislation. It is essential for all parties involved to follow the guidelines set out in the Approval to ensure the effective functioning of the aged care system and the protection of care recipients' rights.