EXPLANATORY STATEMENT
Issued by the authority of the Assistant Minister for Social Services
Australian Aged Care Quality Agency Act 2013
Australian Aged Care Quality Agency (Other Functions) Specification 2014
The Australian Aged Care Quality Agency Act 2013 (Quality Agency Act) provided for the establishment of the Australian Aged Care Quality Agency (Quality Agency) on 1 January 2014 and prescribes the functions of the Chief Executive Officer (CEO).
Paragraph 12(h) of the Quality Agency Act allows the Minister to specify other functions for the Quality Agency CEO.
The purpose of the Australian Aged Care Quality Agency (Other Functions) Specification 2014 (the Specification) is to provide authority for the Quality Agency CEO to undertake quality reviews of Commonwealth Home and Community Care (HACC) and National Respite for Carers Programme (NRCP) services and to conduct assessments of National Aboriginal and Torres Strait Islander Flexible Aged Care (NATSIFAC) Programme services.
Schedule 1, Part 1 outlines the functions to commence on 1 July 2014. Part 1 prescribes the Quality Agency CEO’s functions to conduct quality review of Commonwealth HACC services and NRCP services in accordance with the Home Care Standards made under the Aged Care Act 1997 and to advise the Secretary of any failure to meet the Home Care Standards.
Schedule 1, Part 2 outlines the functions to commence on 1 August 2014. Part 2 prescribes the Quality Agency CEO’s functions to conduct assessments of NATSIFAC Programme services in accordance with the Quality Framework (as set out in A.5 in Schedule A of the NATSIFAC Funding Agreement) and to advise the Secretary of any failure to comply with the Quality Framework.
Schedule 1, Part 2 of the instrument incorporates, by reference, the Quality Framework set out in A.5 of Schedule A of the National Aboriginal and Torres Strait Islander Flexible Aged Care Funding Agreement, as in force at the time that Schedule 1, Part 2 comes into effect (1 August 2014). The Quality Framework can be obtained from the Department of Health website at www.health.gov.au a copy of the NATSIFAC Funding Agreement can be obtained by request from the Department of Social Services.
The Specification is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Consultation
As the amendments in the Specification are minor and machinery in nature, only the Quality Agency was consulted in relation to this instrument.
Regulation Impact Statement
The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required (OBPR ID 17981).
Commencement
Part 1 of the Specification commences on 1 July 2014. Part 2 of the Specification commences on 1 August 2014.
Retrospective commencement is appropriate because the Specification does not alter the existing responsibilities of aged care service providers. The Specification simply transfers the responsibility for review of aged care service providers’ responsibilities from the Department of Social Services to the Quality Agency. It is not affecting the rights of a person so as to disadvantage that person, or imposing a new liability on a person in respect of anything done or omitted to be done before the date of registration of the Specification. Therefore, retrospective commencement of the Specification does not breach section 12(2) of the Legislative Instruments Act 2003.
ATTACHMENT
Details of the Quality Agency (Other Functions) Specification 2014
Clause 1 states that the name of the Specification is the Quality Agency (Other Functions) Specification 2014.
Clause 2 states that the Specification commences on the dates provided in the table.
Clause 3 provides that the authority for making the Specification is paragraph 12(h) of the Australian Aged Care Quality Agency 2013.
Clause 4 provides definitions for various terms used in the Specification.
Schedule 1 – Specifications
Part 1 – Specifications commencing 1 July 2014
Item 1 provides that specific functions of the CEO of the Quality Agency are to:
- conduct quality reviews of HACC and NRCP services in accordance with the Home Care Standards made under the Aged Care Act 1997; and
- advise the Secretary of the Department of Social Services about aged care services that do not meet the Home Care Standards. This assists the Secretary to determine whether approved providers are meeting their responsibilities under the Aged Care Act 1997.
Part 2 – Specifications commencing 1 August 2014
Item 1 provides that specific functions of the CEO of the Quality Agency are to:
- conduct assessments of NATSIFAC Programme services in accordance with the Quality Framework (as set out at A.5 in Schedule A of the National Aboriginal and Torres Strait Islander Flexible Aged Care Funding Agreement); and
- advise the Secretary of the Department of Social Services about aged care services that do not comply with the Quality Framework.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Australian Aged Care Quality Agency (Other Functions) Specification 2014
The Australian Aged Care Quality Agency (Other Functions) Specification 2014 (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.
Overview of the legislative instrument
The legislative instrument provides clear authority for the Australian Aged Care Quality Agency Chief Executive Offer to conduct quality reviews of Commonwealth Home and Community Care and National Respite for Carers Programme services and to conduct assessments of National Aboriginal and Torres Strait Islander Flexible Aged Care Programme services.
Human Rights Implications
The legislative instrument is compatible with the right to an adequate standard of living and the right to the enjoyment of the highest attainable standard of physical and mental health as contained in article 11(1) and article 12(1) of the International Covenant on Economic, Social and Cultural Rights, and article 25 and article 28 of the Convention on the Rights of Persons with Disabilities. By conducting quality reviews of the specified aged care services, the Quality Agency will promote a high quality of care for the recipients of aged care services and appropriate outcomes for the recipients of the care because it will ensure that the aged care services meet the required standards.
Conclusion
The legislative instrument is compatible with human rights as it promotes the human right to an adequate standard of living and the highest attainable standard of physical and mental health.
Senator the Hon Mitch Fifield
Assistant Minister for Social Services