Aged Care Legislation Amendment (Service Staff Vaccination Recording and Reporting) Principles 2021
made under section 96‑1 of the
Aged Care Act 1997
Compilation No. 1
Compilation date: 22 December 2021
Includes amendments up to: F2021L01873
Registered: 11 January 2022
About this compilation
This compilation
This is a compilation of the Aged Care Legislation Amendment (Service Staff Vaccination Recording and Reporting) Principles 2021 that shows the text of the law as amended and in force on 22 December 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name
3 Authority
4 Schedules
Schedule 1—Amendments commencing day after registration
Accountability Principles 2014
Records Principles 2014
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name
This instrument is the Aged Care Legislation Amendment (Service Staff Vaccination Recording and Reporting) Principles 2021.
3 Authority
This instrument is made under the Aged Care Act 1997.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments commencing day after registration
Accountability Principles 2014
1 Section 4
Insert:
multi‑purpose service has the meaning given by section 104 of the Subsidy Principles 2014.
residential care setting has the meaning given by section 4 of the Subsidy Principles 2014.
service staff, in relation to an aged care service, has the meaning given by section 4 of the Quality of Care Principles 2014.
2 At the end of Part 3
Add:
Division 3—Information about vaccinations
30B Purpose of this Division
For the purposes of paragraph 63‑1(1)(m) of the Act, this Division specifies the responsibility of an approved provider of certain kinds of aged care services to give a report to the Secretary about the number of service staff in relation to the service who have voluntarily informed the approved provider that they have received certain vaccinations.
30C Reports about service staff who have received COVID‑19 vaccinations
Residential care services and certain flexible care services
(1) An approved provider of:
(a) a residential care service; or
(b) a flexible care service through which short‑term restorative care is provided in a residential care setting;
must, on each reporting day, give the Secretary a report, in a form approved by the Secretary, that sets out the following information:
(c) the total number of service staff in relation to the service;
(d) the number of those service staff who have voluntarily informed the approved provider that they have received a single dose of a COVID‑19 vaccine;
(e) the number of those service staff who have voluntarily informed the approved provider that they have received all required doses of a COVID‑19 vaccine.
Multi‑purpose services
(2) An approved provider of a multi‑purpose service must, on each reporting day, give the Secretary a report, in a form approved by the Secretary, that sets out the following information:
(a) the total number of service staff in relation to the service who access, or are reasonably likely to access, any premises where residential care is provided through the service;
(b) the number of those service staff who have voluntarily informed the approved provider that they have received a single dose of a COVID‑19 vaccine;
(c) the number of those service staff who have voluntarily informed the approved provider that they have received all required doses of a COVID‑19 vaccine.
Exceptions
(3) However, an approved provider is not required to give the Secretary a report under subsection (1) or (2) on a reporting day after 15 June 2021 if the number of service staff referred to in paragraphs (1)(d) and (e), or paragraphs (2)(b) and (c), (as the case requires) is the same as in the last report given by the approved provider under subsection (1) or (2).
Meaning of reporting day
(4) In this section:
reporting day means:
(a) 15 June 2021; and
(b) each subsequent Tuesday.
Records Principles 2014
3 Section 4
Insert:
multi‑purpose service has the meaning given by section 104 of the Subsidy Principles 2014.
residential care setting has the meaning given by section 4 of the Subsidy Principles 2014.
short‑term restorative care has the meaning given by section 106A of the Subsidy Principles 2014.
4 Section 10A
Omit “of the number of service staff that receive an influenza vaccination each calendar year”, substitute “, for each calendar year, of the number of service staff in relation to the service who have voluntarily informed the approved provider that they have received the annual seasonal influenza vaccination for that year”.
5 After section 10A
Insert:
10B Records about service staff—COVID‑19 vaccinations
Residential care services and certain flexible care services
(1) An approved provider of:
(a) a residential care service; or
(b) a flexible care service through which short‑term restorative care is provided in a residential care setting;
must keep records of the following information:
(c) the number of service staff in relation to the service who have voluntarily informed the approved provider that they have received a single dose of a COVID‑19 vaccine (whether the dose was received before or after the commencement of this section);
(d) the number of service staff in relation to the service who have voluntarily informed the approved provider that they have received all required doses of a COVID‑19 vaccine (whether the doses were received before or after the commencement of this section).
Multi‑purpose services
(2) An approved provider of a multi‑purpose service must keep records of the following information in relation to the service staff in relation to the service who access, or are reasonably likely to access, any premises where residential care is provided through the service:
(a) the number of those service staff who have voluntarily informed the approved provider that they have received a single dose of a COVID‑19 vaccine (whether the dose was received before or after the commencement of this section);
(b) the number of those service staff who have voluntarily informed the approved provider that they have received all required doses of a COVID‑19 vaccine (whether the doses were received before or after the commencement of this section).
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Aged Care Legislation Amendment (Service Staff Vaccination Recording and Reporting) Principles 2021 | 4 June 2021 (F2021L00697) | Sch 2: repealed before commencing (s 2(1) item 3) |
|
Aged Care Legislation Amendment (Vaccination Information) Principles (No. 2) 2021 | 21 Dec 2021 (F2021L01873) | Sch 1 (items 28, 29): 22 Dec 2021 (s 2(1) item 3) | — |
Endnote 4—Amendment history
Provision affected | How affected |
s 2..................... | am F2021L01873 |
| rep LA s 48D |
Schedule 2................ | rep F2021L01873 |