Aged Care Quality and Safety Commission (Consequential Amendments) Rules 2018

Administered by Department of Health, Disability and Ageing

Legislation au F2018L01840 Rules Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Aged Care Act 1997

 

Aged Care Act (Transitional Provisions) Act 1997

 

Aged Care Quality and Safety Commission Act 2018

 

Aged Care Quality and Safety Commission (Consequential Amendments)

Rules 2018

 

 

Authority

 

This instrument is made under section 96-1 of the Aged Care Act 1997, section 96-1 of the Aged Care (Transitional Provisions) Act 1997, and section 77 of the Aged Care Quality and Safety Commission Act 2018. Subsection 4(2) of the Acts Interpretation Act 1901 provides that a power may be exercised before the start time of an enactment, as if commencement had occurred. Subsection 4(5) provides that an instrument made under subsection 4(2) takes effect at the start time or a later time specified in that instrument.

 

In addition, subsection 33(3) of the Acts Interpretation Act 1901 provides that 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.

 

These powers provide the authority to make the amendments set out in this instrument.

 

Purpose

 

The purpose of the Aged Care Quality and Safety Commission (Consequential Amendments) Rules 2018 (Consequential Amendments Rules) is to amend and repeal various legislative instruments, as a consequence of the establishment of the new Aged Care Quality and Safety Commission (Commission), from 1 January 2019.

 

The Commission is established under the Aged Care Quality and Safety Commission Act 2018 (Act) and arrangements for the performance of the new functions is provided for under the Aged Care Quality and Safety Commission Rules 2018 (Rules), commencing
1 January 2019.

 

From 1 January 2019, aspects of the Act and the Rules will operate in place of various instruments made under section 96-1 of the Aged Care Act 1997 (Aged Care Principles) and section 12(h) of the Australian Aged Care Quality Agency 2013, which govern the performance of the functions of the Australian Aged Care Quality Agency and Aged Care Complaints Commissioner. The Consequential Amendments Rules give effect to this.

 


Documents incorporated by reference

 

The Consequential Amendments Rules repeals the Australian Aged Care Quality Agency (Other Functions) Instrument 2015. Paragraph (1)(a) of this instrument incorporates by reference the “Quality Framework” in specifying other functions pursuant to section 12(h) of the Australian Aged Care Quality Agency Act 2013. Note the document is incorporated by reference under the Rules.

 

Consultation

 

As part of the Review of National Aged Care Quality Regulatory Processes (Carnell-Paterson Review) extensive public consultation took place with a range of stakeholders including aged care regulators, consumers, carers and approved providers to inform the recommendations of the Carnell–Paterson Review. Targeted sector meetings were held.

 

The Department of Health has met with the Aged Care Quality Advisory Council - established under section 29 of the Australian Aged Care Quality Agency Act 2013 and the Aged Care Sector Committee Quality Subgroup. A targeted sector meeting was also held in early August 2018 to discuss the establishment of the Commission. These consultations have broadly informed the Consequential Amendments Rules.

 

The Consequential Amendments Rules have been developed in partnership with the Quality Agency and Complaints Commissioner.

 

Regulation Impact Statement (RIS)

The Office of Best Practice Regulation (OBPR) acknowledged as part of Review of National Aged Care Quality Regulatory Processes (the Carnell Review) a process and analysis equivalent to a Regulation Impact Statement (RIS), was undertaken that addressed all seven RIS questions for the purposes of examining the likely impacts of associated new policy proposals.

 

OBPR has published the certification letter and review on the online RIS website: https://ris.pmc.gov.au/2018/09/19/more-choices-longer-life-package.

 

The reference number for this matter is 22277.

 

The Consequential Amendments Rules will commence on 1 July 2019 and are a legislative instrument for the purpose of the Legislation Act 2003.

 

 

Attachment A

 

Explanation of provisions of the Aged Care Quality and Safety Commission (Consequential Amendments) Rules 2018

 

Sections 1 to 4 of the Aged Care Quality and Safety Commission (Consequential Amendments) Rules 2018 (Consequential Amendments Rules) provides the name of the instrument, the commencement of this instrument to be 1 January 2019, the authorities under which this instrument is made, and the schedules of this instrument.

 

Schedule 1 - Amendments

 

Schedule 1 updates definitions and cross references to principles made in accordance with section 96-1 of the Aged Care Act 1997 (Aged Care Principles) and repeals provisions which are no longer required following the commencement of the Aged Care Quality and Safety Commission Act 2018 (Act) and the Aged Care Quality and Safety Commission Rules 2018 (Rules). Other miscellaneous consequential changes are also made.

 

Items 1, 3, 4, 9 to 14, and 15 to 19
 

Items 1, 3, 4, 9 to 14, and 15 to 19 of Schedule 1 remove references relating to the “Quality Agency”, “Aged Care Complaints Commissioner” and their enabling instruments and, where relevant, substitute these with corresponding references relating to the Commission or the Rules. These amendments are made in relation to the Accountability Principles 2014, Aged Care (Transitional Provisions) Principles 2014, Information Principles 2014, Subsidy Principles 2014 and User Rights Principles 2014.

 

It may be noted that sub-items 1(e) to (g) of Schedule 1 removes the definitions of “quality assessor” and “quality reviewer”, and “relevant official” under Part 2 of the Accountability Principles 2014, which have been replaced by the terms “quality assessor” and “regulatory official” respectively, as defined in the Act.

 

Items 2, 5, 17 and 18

 

In addition, Schedule 1 repeals the following provisions in the Aged Care Principles which continue on or after 1 January 2019, since they deal with matters that are now covered under the Act. Specifically:

 

  • item 2 of Schedule 1 repeals Part 2 of the Accountability Principles 2014 and its related definitions which deal with access to aged care services, noting equivalent provisions and definitions are provided for under Part 8 of the Act which deals with search and entry powers.

 

  • items 5 and 6 repeal paragraphs 6(b) and (d) and Part 3 of the Information Principles 2014, which deal with disclosures of protected information by the Aged Care Complaints Commissioner and the CEO of the Quality Agency to the Secretary, noting equivalent provisions for information sharing are provided for under Part 7 of the Act.

 

  • items 17 and 18 repeal requirements relating to access to an aged care service by authorised complaints officers under the User Rights Principles 2014, noting that matters concerning the entry of authorised complaints officers to premises are dealt with under Division 2, Part 8 of the Act.

 

Items 7 and 8

 

Items 7 and 8 repeals the definition of “premises” while replacing references to “premises of the service” with “any premises where the operation or administration of the service occurs” in the definition of service staff under the Quality of Care Principles 2014, to maintain consistency with the use of the term “premises” in the Rules.

 

Schedule 2 - Repeals

 

Schedule 2 repeals in whole the instruments, including Aged Care Principles, which are made redundant, with the commencement of the Act and Rules. From 1 January 2019, the Act and Rules are intended to generally operate in place of the instruments repealed under Schedule 2.

 

These include the Australian Aged Care Quality Agency (Other Functions) Instrument 2015, Commissioner Principles 2015, Complaints Principles 2015, Quality Agency Principles 2013 and the Quality Agency Reporting Principles 2013 noting that the Commissioner Principles 2015 have not been replaced.

 


 

 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

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

 

 

Aged Care Quality and Safety Commission (Consequential Amendments) Rules 2018

 

This legislative instrument is 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.

 

Overview of the legislative instrument

 

This legislative instrument makes consequential amendments to various instruments made under sections 96-1 of the Aged Care Act 1997 and section 12(h) of the Australian Aged Care Quality Agency Act 2013, as a consequence of the Aged Care Quality and Safety Commission Act 2018 and the Aged Care Quality and Safety Commission Rules 2018 commencing 1 January 2019.

 

Human rights implications

 

This instrument does not engage any further human rights, to those engaged by the Aged Care Quality and Safety Commission Act 2018, Aged Care Quality and Safety Commission (Transitional and Consequential Amendments) Act 2018 or Aged Care Quality and Safety Commission Rules 2018.

 

Conclusion

 

The legislative instrument is 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 Ken Wyatt AM, MP

Minister for Senior Australians and Aged Care, and

Minister for Indigenous Health

 

 

Overview

The Aged Care Quality and Safety Commission (Consequential Amendments) Rules 2018 are designed to amend and repeal various legislative instruments following the establishment of the Aged Care Quality and Safety Commission under the Aged Care Quality and Safety Commission Act 2018. Enacted under sections 96-1 of the Aged Care Act 1997, 96-1 of the Aged Care (Transitional Provisions) Act 1997, and 77 of the Aged Care Quality and Safety Commission Act 2018, these rules provide a legal basis for transitioning existing regulations to align with the new Commission's functions. These amendments and repeals are intended to ensure that the new regulatory framework effectively replaces the previous structures, thereby improving the oversight and quality of aged care services in Australia. This instrument was created in consultation with stakeholders and informed by a comprehensive review of national aged care quality regulatory processes. The policy objective of these consequential amendments is to ensure a smooth transition to the new regulatory framework for aged care, maintaining continuity and enhancing the effectiveness of aged care quality and safety standards. By updating and repealing outdated or redundant instruments, the rules aim to streamline the regulatory environment, ensuring it better meets the needs of aged care consumers and providers. The amendments and repeals reflect the intent to uphold and potentially improve the human rights and freedoms of those engaged with aged care services, as recognised in relevant international instruments.

Scope and Application

The Aged Care Quality and Safety Commission (Consequential Amendments) Rules 2018 amend and repeal various legislative instruments in response to the establishment of the Aged Care Quality and Safety Commission, which commenced on 1 January 2019. This legislation applies to entities and individuals involved in the provision of aged care services in Australia, including providers of residential, home, and community care. The amendments and repeals are consequential to the new Act and Rules established under the Aged Care Quality and Safety Commission Act 2018. The legislative instrument removes references to the Australian Aged Care Quality Agency and Aged Care Complaints Commissioner and replaces them with references to the Commission and the new Rules. It also repeals certain definitions and provisions that are no longer necessary following the commencement of the new Act and Rules. The changes are designed to ensure that the new Commission's functions are clearly delineated and consistent with the objectives of the revised regulatory framework. The Rules themselves are a legislative instrument for the purposes of the Legislation Act 2003 and will commence on 1 July 2019. The compatibility with human rights has been assessed and the legislative instrument is found to be 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 Aged Care Quality and Safety Commission (Consequential Amendments) Rules 2018 provide for the necessary amendments to existing legislation to reflect the new regulatory landscape for aged care services in Australia. These rules are a direct consequence of the establishment of the Aged Care Quality and Safety Commission, which is designed to streamline and enhance the quality and safety of aged care services. By amending and repealing certain provisions, the legislative instrument ensures that the new Commission's functions and powers are clearly defined and operational from the commencement date of 1 January 2019. Additionally, the instrument repeals redundant instruments and updates references to reflect the new structure. The Rules will come into effect on 1 July 2019, aligning with the legislative requirements under the Legislation Act 2003. The compatibility assessment confirms that the amendments do not adversely impact the human rights and freedoms recognised under international instruments.

Key Provisions

The Aged Care Quality and Safety Commission (Consequential Amendments) Rules 2018 (Consequential Amendments Rules) primarily serve to update and repeal various legislative instruments in light of the establishment of the new Aged Care Quality and Safety Commission (Commission) and the Aged Care Quality and Safety Commission Rules 2018, effective from 1 January 2019. These amendments and repeals are made under sections 96-1 of the Aged Care Act 1997 and section 12(h) of the Australian Aged Care Quality Agency Act 2013, as specified in sections 1 to 4 of the Rules. The primary changes involve substituting references to the former Australian Aged Care Quality Agency and Aged Care Complaints Commissioner with references to the new Commission and Rules where relevant, thereby ensuring consistency and alignment with the new legislative framework. The obligations and requirements imposed by the Consequential Amendments Rules primarily revolve around updating existing legislative instruments to reflect the new governance structure. This includes amending definitions and cross-references in various principles such as the Accountability Principles 2014, Aged Care (Transitional Provisions) Principles 2014, Information Principles 2014, Subsidy Principles 2014, and User Rights Principles 2014. For instance, sub-items 1(e) to (g) remove the definitions of "quality assessor" and "quality reviewer" under the Accountability Principles 2014, replacing them with the terms "quality assessor" and "regulatory official" as defined in the Aged Care Quality and Safety Commission Act 2018. Similarly, the repeal of certain provisions in the Aged Care Principles, such as those dealing with access to aged care services and disclosures of protected information, reflects the new legislative framework provided under the Act. The Consequential Amendments Rules also impose civil and administrative penalties for non-compliance with the new legislative requirements. While specific penalties are not detailed within the Rules themselves, they are likely to align with the penalties outlined in the Aged Care Quality and Safety Commission Act 2018. Breaches of the new regulatory framework could potentially result in enforcement actions by the Commission, including fines and other administrative measures. It is important for entities governed by these Rules to ensure compliance to avoid such consequences. In summary, the Aged Care Quality and Safety Commission (Consequential Amendments) Rules 2018 provide a necessary update to the legislative framework governing aged care services in Australia, reflecting the establishment of the new Commission and its associated rules. These Rules mandate updates to existing instruments to align with the new governance structure, impose obligations on entities to comply with these updated provisions, and carry potential civil and administrative penalties for non-compliance.

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Area of Law
Elder Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Repeal & Amendment
Transitional Provisions
Consultation Requirements
Reporting & Disclosure Obligations

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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.