Aged Care Legislation Amendment (Vaccination Information) Principles 2022

Administered by Department of Health, Disability and Ageing

Legislation au F2022L00056 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Health and Aged Care

 

Aged Care Act 1997

 

Aged Care Legislation Amendment (Vaccination Information) Principles 2022

 

Purpose

 

The Aged Care Legislation Amendment (Vaccination Information) Principles 2022 (Amending Principles) amends the Accountability Principles 2014 (Accountability Principles) and the Records Principles 2014 (Records Principles).

 

These amendments impose requirements on approved providers of residential care, certain flexible and home care services to keep records and report to the Secretary of the Department of Health (Secretary) how many service staff have informed them that they have received a “booster dose” of a COVID-19 vaccination.

 

These requirements extend the responsibilities of approved providers to record and report to the Secretary how many residential care recipients have informed the provider they have received a booster dose of a COVID-19 vaccine, which commenced on 1 January 2022. These requirements were introduced by the Aged Care Legislation Amendment (Vaccination Information) Principles (No.2) 2021.

 

Collecting booster data on service staff (in addition to residential care recipients) is critically important in the context of outbreak preparedness planning and response, and protecting care recipients, particularly given the waning protection of the primary doses of a COVID-19 vaccine and the emergence of Omicron which has caused a surge in COVID-19 cases across the country.

 

The Amending Principles are a legislative instrument for the purposes of the Legislation Act 2003.

 

Background

 

The current Accountability Principles and Records Principles impose requirements on approved providers to keep records and report to the Secretary on a weekly basis how many service staff have informed the provider that they have, or have not, received a “single dose” or a second dose” of a COVID-19 vaccine, and if not, why not. They are also required to keep records and report to the Secretary on how many residential care recipients have informed them that they have received a “single dose” or a second dose or a “third dose” of a COVID-19 vaccine. Approved providers are required to report this information in a form approved by the Secretary, which is currently provided for through the My Aged Care online portal.

 

The Information Principles 2014 currently enable the Secretary to make publicly available the vaccination information (except personal information) given to the Secretary under the Accountability Principles, and to disclose any analysis of the vaccination information, to the head of the relevant State or Territory health body. This vaccination information will include information given to the Secretary under the Accountability Principles, as amended by the Amending Principles.

 

Authority

 

Section 96-1 of the Aged Care Act 1997 (Act) provides that the Minister may make Principles providing for matters required or permitted, or necessary or convenient, to give effect to the relevant Part or section of the Act.

 

Record Keeping

The Records Principles are made under section 96-1 of the Act and provide for matters set out in Part 6.3 of the Act (or matters necessary or convenient to carry out and give effect to the matters set out in that Part).

 

Reporting

The Accountability Principles are made under section 96-1 of the Act and provide for matters set out in Part 4.3 of the Act (or matters necessary or convenient to carry out and give effect to the matters set out in that Part).

 

Protection of information

The Information Principles are made under section 96-1 of the Act and provide for matters set out in Part 6.2 of the Act (or matters necessary or convenient to carry out and give effect to the matters set out in that Part).

 

Reliance on subsection 33(3) of the Acts Interpretation Act 1901

 

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Commencement

 

The Amending Principles commence the day after registration.

 

Consultation

 

In relation to amendments implemented this year by the Aged Care Legislation Amendment (Service Staff Vaccination Recording and Reporting) Principles 2021 and the Aged Care Legislation Amendment (Care Recipients and Service Staff Vaccination Recording and Reporting) Principles 2021, the Department of Health (Department) undertook consultation with the Aged Care Quality and Safety Commission, the Australian Health Protection Principal Committee’s Aged Care Advisory Group and peak aged care organisations and unions. 

 

The Department’s consultation indicated a general consensus that establishing recording and reporting requirements in relation to residential aged care worker vaccinations would support public health measures regarding COVID-19. It will also inform any adjustments needed to support access to COVID-19 vaccinations for aged care workers, and help identify the potential level of risk in relation to each aged care facility in the context of an outbreak and how those facilities, residents and workers can be best supported.

 

The Department considers further consultation in relation to these Amending Principles was not necessary given the minor nature of the amendments and the above-mentioned consultation undertaken earlier in the year. Peak organisations and unions have, however, been advised of these proposed amendments through weekly aged care vaccination stakeholder meetings, with no objections raised. Additionally, the sector has been informed that these new arrangements are expected to commence in the coming weeks.

 

Regulation Impact Statement (RIS)

 

The Office of Best Practice Regulation (OBPR) was consulted during development of the Amending Principles on the regulatory impact for approved providers to maintain vaccination records and reporting requirements. The OBPR advised that a RIS is not required for this legislative instrument since it is unlikely to have a more than minor regulatory impact (OBPR ID21-01203).

 


ATTACHMENT

 

Details of the Aged Care Legislation Amendment (Vaccination Information) Principles 2022

 

Section 1

This section states the name of the instrument is the Aged Care Legislation Amendment (Vaccination Information) Principles 2022 (Amending Principles).

 

Section 2

This section provides that the Amending Principles commence the day after the instrument is registered.

 

Section 3

This section provides the authority for making the instrument is the Aged Care Act 1997.

 

Section 4

This section provides that each instrument specified in a Schedule to the Amending Principles is amended or repealed as set out in the Schedule and any other item in a Schedule has effect according to its terms.

 

Schedule 1 – Amendments

 

Accountability Principles 2014

 

Item 1

This item inserts new paragraph 30C(1)(ea) to subsection 30C(1).

 

New subsection 30C(1)(ea) places an obligation on approved providers of residential care services, certain flexible care services and home care services, to give the Secretary a report, in a form approved by the Secretary, on each COVID-19 vaccination reporting day, the following information in relation to the service:

  • the number of those service staff who have informed the approved provider, whether voluntarily or as required under a law of a State or Territory, that they have received a booster dose of a COVID 19 vaccine, that includes the COVID-19 vaccination reporting day.

 

Item 2

This item inserts new paragraph 30C(2)(ca) to subsection 30C(2). 

 

New paragraph 30C(2)(ca) places an obligation on approved providers of multi-purpose services to give the Secretary a report on each COVID-19 vaccination reporting day, the following information in relation to the service staff who access, or are reasonably likely to access, any premises where residential care is provided through the service:

  • the number of those service staff who have informed the approved provider, whether voluntarily or as required under a law of a State or Territory, that they have received a booster dose of a COVID 19 vaccine, that includes the COVID-19 vaccination reporting day.

 

Item 3

This item amends subsection 30C(3) by inserting “(ea)” after “(e)” to provide that an approved provider is not required to give the Secretary a report under subsection (1) or (2) on a COVID‑19 vaccination reporting day if the number of service staff who have informed the provider they have received a booster dose of a COVID-19 vaccine has not changed since the previous report.

 

Item 4

This item amends subsection 30C(3) by inserting “(ca)” after “(c)” to provide that an approved provider is not required to give the Secretary a report under subsection (1) or (2) on a COVID‑19 vaccination reporting day if the number of service staff who have informed the provider they have received a booster dose of a COVID-19 vaccine has not changed since the previous report.

 

Item 5

This item repeals the previous definition of “COVID‑19 vaccination reporting day” as “4 January” in subsection 30C(4)(a) and replaces it with a new definition of “25 January” as the new reporting day, and every following Tuesday.

 

Records Principles 2014

 

Item 6

This item inserts new paragraph 10B(1)(d) to subsection 10B(1).

 

New paragraph 10B(1)(d) requires approved providers of residential care services, certain flexible care services and home care services to keep a record:

  • of the number of service staff in relation to the service who have informed the approved provider, whether voluntarily or as required under a law of a State or Territory, that they have received a booster dose of a COVID 19 vaccine.

 

Records of any booster dose of a COVID-19 vaccine given before, or after, the commencement of this paragraph is intended to be covered by this paragraph.

 

Item 7

This item inserts new paragraph 10B(2)(b) to subsection 10B(2).

 

New paragraph 10B(2)(b) requires approved providers of multi-purpose services to keep a record:

  • of the number of service staff in relation to the service who have informed the approved provider, whether voluntarily or as required under a law of a State or Territory, that they have received a booster dose of a COVID 19 vaccine.

 

Records of any booster dose of a COVID-19 vaccine given before, or after, the commencement of this paragraph is intended to be covered by this paragraph.

 


Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Humans Rights (Parliamentary Scrutiny) Act 2011

 

Aged Care Legislation Amendment (Vaccination Information) Principles 2022

 

The Aged Care Legislation Amendment (Vaccination Information) Principles 2022 (Amending Principles) are 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) Act 2011.

 

Overview of the legislative instrument

The Amending Principles will impose requirements on approved providers of residential care, certain flexible and home care services to keep records and report to the Secretary of the Department of Health (Secretary) how many service staff have informed them that they have received a “booster dose” of a COVID-19 vaccination.  

 

Human rights implications

The Amending Principles potentially engage the following human rights the right to privacy under Article 17 of the International Covenant on Civil and Political Rights (ICCPR) and Article 15 of the Convention on the Rights of Persons with Disabilities (CRPD).

 

The Amending Principles potentially engages the right to the protection against arbitrary or unlawful interference with privacy, including in respect of persons with disability, by requiring certain approved providers to keep records and report to the Secretary on the number of service staff who have received a booster dose of a COVID-19 vaccine.

 

The Information Principles 2014 currently enable the Secretary to make publicly available the vaccination information (except personal information) given to the Secretary under the Accountability Principles, and to disclose any analysis of the vaccination information, to the head of the relevant State or Territory health body. This vaccination information will include information given to the Secretary under the Accountability Principles, as amended by the Amending Principles.

 

The right to privacy under Article 17 of the ICCPR can be limited to achieve a legitimate objective, where the limitations are lawful and not arbitrary. The term ‘unlawful’ in Article 17 of the ICCPR means that no interference can take place except as authorised under domestic law. Additionally, the term ‘arbitrary’ means that any interference with privacy must be in accordance with the provisions, aims and objectives of the ICCPR and should be reasonable in the particular circumstances. The Committee has interpreted ‘reasonableness’ to mean that any limitation must be proportionate and necessary in the circumstances.

 

The objective of the Amending Principles is to support public health responses to prevent the spread of COVID-19 and to provide greater health security for older Australians who are most vulnerable to the impacts of COVID-19. This is a legitimate objective that falls within the permissible purposes of protecting the rights of those receiving care and protecting public health.

 

The Amending Principles are also reasonable, necessary and proportionate to achieving this objective. To the extent that an approved provider is required under the Amending Principles to record and disclose information that is personal information, including sensitive information, as defined under the Privacy Act 1988, this information will be considered protected information for the purposes of the Aged Care Act 1997 (Aged Care Act) and be covered by the secrecy provisions under Part 6.2. These provisions carry significant penalties, including imprisonment, for unauthorised use or disclosure, which is aimed to protect and ensure the safe handling of protected information. 

 

The Amending Principles, as with the existing provisions, only require approved providers to disclose the number of service staff who have received a booster dose of a COVID-19 vaccine. They do not require the disclosure of names or other identifying information in relation to individuals. Further, to the extent that any information reported to the Secretary can reasonably identify an individual due to, for example, a small data set, under the Aged Care Act the Secretary is prohibited from publishing this information.

 

Conclusion

The Amending Principles are 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.

 

 

The Hon Greg Hunt

Minister for Health and Aged Care MP

 

Overview

The Aged Care Legislation Amendment (Vaccination Information) Principles 2022 was enacted to address the need for better data on COVID-19 vaccinations among aged care workers and recipients, particularly in light of the waning immunity from primary doses and the emergence of the Omicron variant. This legislative instrument amends the existing Accountability Principles 2014 and Records Principles 2014 under the Aged Care Act 1997. It imposes new requirements on approved providers of residential care, certain flexible care services, and home care services to record and report to the Secretary of the Department of Health the number of service staff who have received a COVID-19 booster dose. The policy objective is to support public health measures by providing crucial data for outbreak preparedness and response, thereby protecting vulnerable care recipients. The enacting authority for these principles stems from section 96-1 of the Aged Care Act 1997, which allows the Minister to make principles to give effect to the relevant parts of the Act. These amendments follow consultations with key stakeholders, including the Aged Care Quality and Safety Commission and peak aged care organisations, which generally supported the recording and reporting of vaccination data. The Aged Care Legislation Amendment (Vaccination Information) Principles 2022 aims to enhance the existing data collection and reporting framework by extending the scope to include booster dose data for service staff. This aligns with the overarching goal of bolstering public health responses to COVID-19 and ensuring the safety of older Australians, who are disproportionately affected by the pandemic. The principles are designed to be proportionate and necessary, focusing solely on aggregate data to avoid unnecessary privacy intrusions. They also adhere to the secrecy provisions under the Aged Care Act 1997, which include severe penalties for unauthorised use or disclosure of protected information. The compatibility with human rights, particularly the right to privacy, is maintained by ensuring that personal information is not disclosed and that any data published is anonymised to protect individuals' identities.

Scope and Application

The Aged Care Legislation Amendment (Vaccination Information) Principles 2022 applies to approved providers of residential care services, certain flexible care services, and home care services across Australia. These entities are mandated to keep detailed records and report to the Secretary of the Department of Health regarding the number of service staff who have received a booster dose of a COVID-19 vaccine. This requirement extends to the reporting of booster dose information from residential care recipients, which began on 1 January 2022. The geographic reach of this legislation is national, with its application extending to all approved providers operating within Australia. The principles do not explicitly state any exclusions or exemptions, nor do they mention specific thresholds for reporting. However, they do allow for exemptions from reporting if there has been no change in the number of staff reporting a booster dose since the previous report. The legislation also provides for the possibility of further extending or restricting its application through subordinate instruments, though no such instruments are detailed within the explanatory statement itself.

Key Provisions

The Aged Care Legislation Amendment (Vaccination Information) Principles 2022 (Amending Principles) introduce significant changes to the existing Aged Care Legislation, specifically amending the Accountability Principles 2014 and the Records Principles 2014. These amendments require approved providers of residential care, certain flexible care services, and home care services to keep detailed records and report to the Secretary of the Department of Health regarding the number of service staff who have received a COVID-19 booster dose. Approved providers must report this information on each COVID-19 vaccination reporting day, which has been updated from 4 January to 25 January and every following Tuesday. The obligation to report is waived if there is no change in the number of staff who have received a booster dose since the last report. The requirement to keep records includes both booster doses given before and after the commencement of these principles. These amendments impose clear obligations on approved providers, including the need to maintain accurate records and provide timely reports to the Secretary. Approved providers must ensure they have mechanisms in place to collect and verify information about booster doses from their service staff and report this data accurately and promptly. Failure to comply with these reporting requirements could potentially impact the provider's ability to operate within the aged care sector, as the Department of Health relies on this data for public health planning and response strategies. Breaches of the obligations under these new principles can lead to various civil or administrative consequences. While specific penalties are not outlined in the explanatory statement, the Aged Care Act 1997 includes provisions for penalties for non-compliance with reporting and record-keeping requirements. Such penalties could include fines or other sanctions that the Department of Health may impose to ensure compliance with these critical public health measures. Additionally, there may be implications for the provider's accreditation status and reputation if they fail to meet these reporting obligations. The secrecy provisions under the Aged Care Act carry significant penalties, including imprisonment, for unauthorised use or disclosure of protected information, which underscores the importance of adhering to these requirements.

Legal classification tags

Area of Law
Health Law
Instrument
Amending Act
Concepts
Reporting & Disclosure Obligations
Compliance Obligations
Delegated & Subordinate Legislation
Definitions & Interpretation
Catchwords
COVID-19 vaccination reporting

Interactions

Authorises

All Versions

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.