Commissioner Principles 2015

Administered by Department of Health, Disability and Ageing

Legislation au F2015L02127 Not in force Legislative Instrument

Legislation content

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

 

 

Overview

The Commissioner Principles 2015 were enacted as part of the Aged Care Act 1997, which provides for the regulation and funding of aged care services in Australia. The principles were introduced to address the need for greater independence in the handling of aged care complaints, which was a gap identified under the previous system. These principles were established to set out the information that the Aged Care Complaints Commissioner must include in the Commissioner's annual report to the Minister for Aged Care. The objective of these principles is to align the annual reporting requirements with the Commissioner's role in managing aged care complaints. The principles commenced on 1 January 2016 and were enacted by the Commonwealth Parliament. The primary purpose of these principles is to ensure that the annual report of the Commissioner includes a comprehensive assessment of the performance of the Commissioner's functions, the number of complaints received and finalised, and the various actions taken by the Commissioner in handling these complaints.

Scope and Application

The Commissioner Principles 2015 apply to the Aged Care Complaints Commissioner, who is required to include specific information in their annual report to the Minister for Aged Care as mandated by section 95A-12 of the Aged Care Act 1997. The Principles outline the details of the information that must be included in the annual report, such as performance assessments, the number of contacts and complaints received, resolution processes undertaken, and educational activities conducted. These requirements ensure that the Commissioner's role in handling aged care complaints is transparent and accountable. The geographic and jurisdictional reach of the Principles is aligned with the Commonwealth jurisdiction, as the Aged Care Act 1997 operates nationally. The Commissioner Principles do not specify any exclusions, exemptions, or thresholds, but they do interact with other instruments and regulations under the Aged Care Act 1997 and related legislation, including the Complaints Principles 2015 and the Australian Aged Care Quality Agency Act 2013. The Principles are compatible with human rights as they involve the collection of de-identified data for reporting purposes.

Key Provisions

The main operative sections of the Commissioner Principles 2015 (the Principles) are contained in Section 6, which sets out the specific information that the Aged Care Complaints Commissioner (the Commissioner) must include in the Commissioner's annual report to the Minister for Aged Care (the Minister) under section 95A-12 of the Aged Care Act 1997 (the Act). The information required includes an assessment of the Commissioner’s performance, the number of contacts and complaints received, the resolution processes undertaken, visits to aged care services, notices and directions issued, issues referred to other bodies, decisions reconsidered, educational and training activities undertaken, and requests for advice from the Minister. Each of these components must be detailed in the annual report, providing a comprehensive overview of the Commissioner's activities and the state of aged care complaints handling for the financial year. The obligations imposed on the Commissioner by the Principles are stringent and multifaceted. The Commissioner must produce an annual report that includes a detailed assessment of their performance, measured against any performance indicators set out in portfolio budget statements. The report must detail the number of contacts received from the public, the number and type of complaints made to the Commissioner, and the resolution processes undertaken. Furthermore, the Commissioner must provide information on visits to aged care services, notices and directions issued to approved providers, issues referred to other bodies, decisions reconsidered, educational and training activities, and advice requests from the Minister. These obligations ensure that the Commissioner's activities and the outcomes of aged care complaints handling are transparent and accountable to the Minister and the public. The Commissioner Principles 2015 do not explicitly detail offences, penalties, or consequences for breach. However, failure to comply with the reporting requirements set out in Section 6 of the Principles could potentially lead to various civil or administrative consequences. Non-compliance with the annual reporting obligations might result in scrutiny from the Minister, the Department of Health, or other oversight bodies. While specific penalties are not outlined in the Principles, the importance of these reporting requirements suggests that any significant non-compliance could lead to investigations, recommendations for corrective actions, or other administrative measures to ensure compliance with the Act and the Principles. The overarching goal is to maintain transparency and accountability in the handling of aged care complaints.

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Area of Law
Administrative Law
Regulatory Standards
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards
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Annual Report

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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.