EXPLANATORY STATEMENT
Issued by the authority of the Minister for Mental Health and Ageing
Aged Care Act 1997
Certification, Quality of Care and Sanctions Amendment Principles 2012
Under section 96-1 of the Aged Care Act 1997 (the Aged Care Act), the Minister for Mental Health and Ageing (the Minister) may make Certification Principles, Quality of Care Principles and Sanctions Principles (the Principles) (see Items 8, 18 and 22 of the table in subsection 96-1 (1) of the Aged Care Act). The Principles are legislative instruments for the purposes of the Legislative Instruments Act 2003 (the Legislative Instruments Act).
The purpose of this instrument is to remove obsolete references to the Residential Care Standards in the Certification Principles 1997, Quality of Care Principles 1997 and Sanctions Principles 1997. From 1 January 2001, providers of residential aged care have been required to comply with the Accreditation Standards set out under Part 3 of the Quality of Care Principles 1997, rather than the Residential Care Standards set out in Part 4 of those Principles.
References to compliance with the Residential Care Standards were removed from paragraph 54-1(e) of the Aged Care Act with effect from 27 July 2011 by the Aged Care Amendment Act 2011.
Details on the Amending Principles are set out in the Attachment.
Consultation
No consultation was undertaken in relation to this instrument. This is because the amendments merely remove references to the Residential Care Standards, and are thus of a minor nature and do not substantially alter the existing arrangements (see section 18 of the Legislative Instruments Act).
Regulation Impact Statement
The Office of Best Practice Regulation has advised that no Regulation Impact Statement is required (OBPR ID 14239).
Commencement
This instrument commences on the day after registration.
This amendment is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
ATTACHMENT
Details of the Certification, Quality of Care and Sanctions Amendment Principles 2012
Clause 1 – Name of Principles
Clause 1 states that the name of the Amending Principles is the Certification, Quality of Care and Sanctions Amendment Principles 2012.
Clause 2 – Commencement
Clause 2 states that the Principles are to commence on the day after they are registered.
Clause 3 – Amendment of Certification Principles 1997
Clause 3 states that Schedule 1 amends the Certification Principles 1997.
Clause 4 – Amendment of Quality of Care Principles 1997
Clause 4 states that Schedule 2 amends the Quality of Care Principles 1997.
Clause 5 – Amendment of Sanctions Principles 1997
Clause 5 states that Schedule 3 amends the Sanctions Principles 1997.
Schedule 1 – Amendment of Certification Principles 1997
Item 1 Subsection 8.15(1), Examples of other findings, example 2:
Item 1 replaces the second example in subsection 8.15(1), which refers to the Residential Care Standards, with a new example that omits this reference.
Schedule 2 – Amendment of Quality of Care Principles 1997
Item 1 Note before Part 1
Item 1 amends the note before Part 1 by removing the reference to compliance with the Residential Care Standards.
Item 2 Subsection 18.6(1A)
Item 2 amends subsection 18.6(1A) to remove a reference to the Residential Care Standards.
Item 3 Part 4
Item 3 omits Part 4 of the Quality of Care Principles, which set out the Residential Care Standards.
Item 4 Schedule 3
Item 4 omits Schedule 3 to the Quality of Care Principles, which set out in greater detail the Residential Care Standards.
Schedule 3 – Amendment of Sanctions Principles 1997
Item 1 Subparagraph 22.20(1)(b)(ii)
Item 1 omits subparagraph 22.20(1)(b)(ii), which referred to the Residential Care Standards. The effect is to remove the requirement for an approved provider, when making an application to have a sanction lifted, to provide details of any assessment against the Residential Care Standards of the services it provides.
Item 2 Subsubsection 22.20(2)
Item 2 omits subsection 22.20(2), which defines ‘Residential Care Standards’ under the Sanctions Principles.
Statement of Compatibility with Human Rights
Prepared under Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, in accordance with the definition of ‘explanatory statement’ in subsection 4(1) of the Legislative Instruments Act 2003
Certification, Quality of Care and Sanctions Amendment Principles 2012
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
The purpose of the Certification, Quality of Care and Sanctions Amendment Principles 2012 is to make the Certification Principles 1997, Quality of Care Principles 1997 and Sanctions Principles 1997 (collectively ‘the Principles’) consistent with recent amendments to the Aged Care Act 1997, by removing references to the Residential Care Standards in the Principles, made under section 96-1 of the Aged Care Act 1997.
Human Rights Implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Mark Butler
Minister for Mental Health and Ageing