Commissioner Principles 2015

EXPLANATORY STATEMENT

Issued by the authority of the Minister for Aged Care

Aged Care Act 1997

Commissioner Principles 2015

Purpose

The Aged Care Act 1997 (the Act) provides for the regulation and funding of aged care services. Persons who are approved under the Act to provide aged care services (approved providers) can be eligible to receive subsidy payments in respect of the care they provide to approved care recipients.

Section 96-1 of the Act allows the Minister to make Principles providing for various matters required or permitted by a Part or section of the Act.

Among the Principles made under section 96-1 is the Commissioner Principles 2015 (the Principles).

The purpose of the Principles is to set out information which the Aged Care Complaints Commissioner (the Commissioner) is required to include in the Commissioner’s annual report to the Minister for Aged Care (the Minister).  The Commissioner is required to produce the annual report in accordance with the requirements of section 95A-12 of the Aged Care Act 1997 (the Act).

Background

The Principles are established as part of the 2015 Budget measure, Aged Care – Independent Aged Care Complaints Arrangements, under which responsibility for aged care complaints is transferred from the Secretary of the Department of Health (the Secretary) to the Commissioner.  The budget measure is implemented by the Aged Care Amendment (Independent Complaints Arrangements) Act 2015 (the Complaints Arrangements Act).

The Complaints Arrangements Act made a number of amendments to the Act to change the functions of the Commissioner to cover the functions previously undertaken by the Secretary.  The purpose of these changes is to increase the independence of aged care complaints handling by separating responsibility for the management of aged care complaints from the Department’s aged care policy and regulatory functions.  The annual reporting requirements that are set out in the Principles align with the Commissioner’s role in handling aged care complaints.

Commencement

The Commissioner Principles commence on 1 January 2016.

Consultation

In preparing this instrument, and other instruments made to support changes arising from the Complaints Arrangements Act, the Department consulted with the Aged Care Commissioner, the Aged Care Pricing Commissioner and the Australian Aged Care Quality Agency on parts of the changes relevant to each body.

Regulation Impact Statement (RIS)

Following consultation with the Office of Best Practice Regulation (OBPR), a RIS is not required as per OBPR reference number 19883.

This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Explanation of the provisions

Part 1 – Preliminary

Section 1 – Name of Principles

This section provides how the proposed instrument is to be cited, that is, as the Commissioner Principles 2015.

Section 2 – Commencement

This section sets out the commencement of the Principles.  The commencement of the Principles is 1 January 2016 to align with the commencement of amendments made by the Complaints Arrangements Act.

Section 3 – Authority

This section confirms that section 96-1 of the Act provides the authority for making these Principles.

Section 4 – Definitions

This section defines certain terms used in the Principles:

Act means the Aged Care Act 1997.

Complaints Principles means the Complaints Principles 2015.

Quality Agency means the Australian Aged Care Quality Agency established by the Australian Aged Care Quality Agency Act 2013.

Resolution process has the same meaning as in the Complaints Principles.

Part 2

Section 5 – Purpose of this Part

This section states that the purpose of Part 2 is to set out information that the Commissioner is required to include in the Commissioner’s annual report to the Minister for the financial year.  Subsection 95A-12(2) of the Act provides that the Principles can require specific information be included in the annual report.

Section 6

This section sets out the information that the Commissioner must include in the annual report.  The information that must be included in the annual report is:

• an assessment of the performance of the Commissioner’s functions under the Act and Aged Care Principles for the financial year.  The assessment is to be measured against any performance indicators set out for the Commissioner in portfolio budget statements;

• the number of times the Commissioner has been contacted throughout the financial year.  This number includes every instance where a person has contacted the Commissioner concerning the Commissioner’s functions under the Act or Aged Care Principles, regardless of whether that contact resulted in an investigation;

• the number of complaints made to the Commissioner under the Complaints Principles throughout the financial year.  The Commissioner is required to specify the number of complaints relating to residential care, home care and flexible care;

• common issues raised in the complaints the Commissioner received for that financial year;

• the number of complaints the Commissioner finalised in the financial year, and a description of the approaches the Commissioner took to finalising those complaints;

• the number of resolution processes the Commissioner undertook through section 11 of the Complaints Principles during the financial year.  The Commissioner is also required to provide a general summary of the issues raised during the resolution processes, and the number of resolution processes finalised for that financial year;

• the number of announced and unannounced visits to aged care services made by the Commissioner during the financial year;

• the number of notices of intention the Commissioner has given to approved providers under subsection 15(3) of the Complaints Principles;

• the number of directions the Commissioner issued to approved providers for the financial year, and a summary of the directions provided.  Directions are given to an approved provider under section 15 of the Complaints Principles, and require an approved provider to take stated action to meet their responsibilities under the Act or Aged Care Principles;

• the number of issues referred by the Commissioner to another body, and a summary of those issues.  The Commissioner is also required to disclose how many of those issues were referred to the Secretary, and how many were referred to the Quality Agency;

• the number of decisions the Commissioner reconsidered during the financial year.  The Commissioner is able to reconsider decisions made in accordance with Part 7 and Part 8 of the Complaints Principles;

• the number of educational and training activities the Commissioner undertook throughout the financial year, and an overview of those activities; and

• the number of requests for advice the Commissioner received from the Minister during the financial year.  The Commissioner is required to include a summary of the requests received from the Minister and a summary of responses provided.

Statement of Compatibility with Human Rights

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

Commissioner Principles 2015

The Commissioner Principles 2015 (the 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.

Overview of the Commissioner Principles 2015

The Principles describe the annual reporting requirements for the Aged Care Complaints Commissioner.

Human Rights Implications

This legislative instrument does not engage any of the applicable rights or freedoms. The data included in the annual reporting requirements for the Aged Care Complaints Commissioner will be de-identified data.

Conclusion

The Principles are compatible with human rights as the Principles do not raise any human rights issues.

The Hon Sussan Ley MP

The Minister for Aged Care