Commonwealth of Australia
Aged Care Act 1997
Committee Amendment
Principles 1998 (No. 1)
I, WARWICK leslie SMITH, Minister for Family Services, make the following principles under section 96-3 of the Aged Care Act 1997.
Dated 14 August 1998.
WARWICK SMITH
Minister for Family Services
____________
1. Name of principles
1.1 These principles are the Committee Amendment Principles 1998 (No. 1).
2. Commencement
2.1 These principles commence on gazettal.
3. Amendment
3.1 The Committee Principles 19971 are amended as set out in these principles.
4. Section 10.3 (Definitions)
4.1 Definition of Aged Care Principles:
Omit “section 96-3”, substitute “section 96-1”.
4.2 Definition of panel of potential members:
After “subsection 10.13 (1)”, insert “and for Chapter 3, has the meaning given by subsection 10.79 (1)”.
4.3 Insert the following definitions:
“Accountability Principles means the Accountability Principles 1998 made under section 96-1 of the Act.
National chairperson has the meaning given by section 10.77.
panel of potential chairpersons, for Chapter 3, has the meaning given by subsection 10.78 (1).”.
5. New section 10.11A
5.1 After section 10.11, insert in Part 2:
10.11A Committee must act consistently with Accountability Principles
“In performing its functions under the reference, the committee must act consistently with any provisions of the Accountability Principles applying to the performance of the committee’s functions.
Note The Accountability Principles set out various aspects of the access that a committee member may have to a residential care service in carrying out functions under these principles.”.
6. Section 10.35 (Performance of functions)
6.1 Paragraph 10.35 (g):
Omit “incudes”, substitute “includes”.
6.2 After paragraph 10.35 (i), insert:
“; and (j) act consistently with any provisions of the Accountability Principles applying to the performance of the committee’s functions.
Note The Accountability Principles set out various aspects of the access that a committee member may have to a residential care service in carrying out functions under these principles.”.
7. Section 10.38 (The complaint)
7.1 Subsection 10.38 (1):
After “receive,”, insert “or who was receiving, or was eligible to receive,”.
8. Section 10.40 (Approved provider to be told about complaint)
8.1 Paragraph 10.40 (3) (a):
After “complaint”, insert “by any other person or body”.
9. Section 10.46 (Parties to be told about decisions)
9.1 Paragraph 10.46 (2) (a):
After “complaint”, insert “by any other person or body”.
10. Section 10.47 (Secretary may reconsider decision)
10.1 Paragraph 10.47 (3) (a):
Omit “chairperson of a Complaints Resolution Committee”, substitute “National chairperson”.
10.2 Paragraph 10.47 (3) (b):
Omit “chairperson’s”, substitute “National chairperson’s”.
11. New sections 10.47A and 10.53B
11.1 After section 10.47, insert in Division 2 of Part 2:
10.47A Secretary must act consistently with Accountability Principles
“In performing the Secretary’s functions under this Division, the Secretary must act consistently with any provisions of the Accountability Principles applying to the performance of the Secretary’s functions.
Note The Accountability Principles set out various aspects of the access that the Secretary may have to a residential care service in carrying out functions under these principles.”.
12. Section 10.51 (Parties to be told about action taken under Division)
12.1 Paragraph 10.51 (2) (a):
After “complaint”, insert “by any other person or body”.
13. New sections 10.53A and 10.53B
13.1 After section 10.53, insert in Division 4 of Part 2:
10.53A Secretary must act consistently with Accountability Principles
“In performing the Secretary’s functions under this Division, the Secretary must act consistently with any provisions of the Accountability Principles applying to the performance of the Secretary’s functions.
Note The Accountability Principles set out various aspects of the access that the Secretary may have to a residential care service in carrying out functions under these principles.
10.53B Meeting to be held if negotiation fails
“(1) If the complaint is not resolved by negotiation under this Division, a complaints resolution officer and a person appointed by the Secretary under section 10.55 as a mediator must meet with the parties to the complaint.
“(2) The mediator must recommend to the complaints resolution officer whether the complaint should be resolved by mediation under Division 5 or determination under Division 6.
“(3) In this section:
complaints resolution officer means an officer or employee of the Department who holds, or is acting in, the position of complaints resolution officer.”.
Note Omit the note after subsection 10.53 (3).
14. Section 10.55 (Referral to mediator)
14.1 Subsection 10.55 (1):
After “complaint”, insert “, and any other material before the Secretary about the complaint,”.
15. Section 10.57 (Role of mediators)
15.1 After subsection 10.57 (3), insert:
“(4) In performing the mediator’s functions under this Division, the mediator must act consistently with any provisions of the Accountability Principles applying to the performance of the mediator’s functions.
Note The Accountability Principles set out various aspects of the access that a mediator may have to a residential care service in carrying out functions under these principles.”.
16. Section 10.63 (Secretary to refer complaint to committee)
16.1 After “complaint”, insert “, and any other material before the Secretary about the complaint,”.
17. Section 10.68 (Determination to set out reasons etc)
17.1 Subsection 10.68 (3):
Omit “complaint.”, substitute “complaint and to the Secretary.”.
18. Section 10.71 (Application for review of determination)
18.1 Subsection 10.71 (1):
Omit the subsection, substitute:
“(1) If the relevant approved provider, the complainant or the affected care recipient is dissatisfied with the determination, the person or body may apply to the Secretary, in writing, for review of the determination by the Determination Review Panel.”.
18.2 Subsection 10.71 (2):
Omit “or the care recipient”, substitute “, the complainant or the affected care recipient”.
18.3 Subsection 10.71 (3):
After “sought”, insert “, other than mere dissatisfaction with the determination,”.
19. Section 10.72 (Constitution of Determination Review Panel)
19.1 Paragraphs 10.72 (1) (a) and (b):
Omit the paragraphs, substitute:
“(a) the National chairperson, if the National chairperson has not been involved in the resolution of the complaint;
(b) if the National chairperson has been involved in the resolution of the complaint — a chairperson appointed from the panel of potential chairpersons by the Secretary;
(c) a Commonwealth officer or employee who has not been involved in the resolution of the complaint.”.
20. Section 10.74 (Review by panel)
20.1 Subsection 10.74 (4):
Omit “the committee”, substitute “a committee, other than the committee that made the determination,”.
21. Section 10.75 (Panel’s decision to set out reasons etc)
21.1 Subsection 10.75 (3):
Omit “complaint.”, substitute “complaint and to the Secretary.”.
22. New section 10.75A
22.1 After section 10.75, insert in Division 7 of Part 2:
10.75A Panel must act consistently with Accountability Principles
“In performing its functions under this Division, the panel must act consistently with any provisions of the Accountability Principles applying to the performance of the panel’s functions.
Note The Accountability Principles set out various aspects of the access that a panel member may have to a residential care service in carrying out functions under these principles.”.
23. Part 3 of Chapter 3
23.1 Omit the Part, substitute:
“Part 3 — Committee constitution and composition
10.76 Purpose of Part
“This Part provides for a Complaints Resolution Committee’s constitution and composition.
10.77 Appointment of National chairperson
“(1) The Minister must appoint a person (the National chairperson) to perform the following functions:
(a) to supervise the chairpersons and other members of Complaints Resolution Committees;
(b) to coordinate the review of all complaints received by the Secretary;
(c) to participate in hearings about complaints.
“(2) The Minister may appoint a person as the National chairperson if:
(a) the Minister is satisfied that the person has substantial experience at a professional or senior management level, or broad expertise, in:
(i) the delivery of aged care services; or
(ii) the resolution of complaints or disputes; or
(iii) consumer protection in aged or community care; and
(b) the Minister is also satisfied that:
(i) the person has a high level of coordination skills; and
(ii) has substantial experience working with committees; and
(iii) if the person were appointed as National chairperson, there would not be a conflict between the person’s duties as National chairperson and any interests or other duties of the person; and
(c) the person is not a Commonwealth officer or employee.
“(3) A person is appointed as the National chairperson for the term stated in the person’s appointment.
“(4) The person may resign the appointment by signed notice of resignation given to the Minister.
10.78 Panel of potential chairpersons
“(1) There is to be a panel (the panel of potential chairpersons) from which the chairperson of a Complaints Resolution Committee is chosen.
“(2) The Secretary may appoint a person to the panel of potential chairpersons if:
(a) the Secretary is satisfied that the person has experience at a professional or senior level, or broad experience, in:
(i) the delivery of aged care services; or
(ii) the resolution of complaints or disputes; or
(iii) consumer protection in aged or community care; and
(b) the Secretary is also satisfied that, if the person were appointed as chairperson, there would not be a conflict between the person’s duties as chairperson and any interests or other duties of the person; and
(c) the person is not a Commonwealth officer or employee.
“(3) A person is appointed to the panel of potential chairpersons for the term stated in the person’s appointment.
“(4) The person may resign the appointment by signed notice of resignation given to the Secretary.
10.79 Panel of potential committee members
“(1) There is to be a panel (the panel of potential members) from which the other members of a Complaints Resolution Committee are to be chosen.
“(2) The panel must consist of at least 3 persons from each State and 1 person from each Territory.
“(3) The Secretary may appoint a person to the panel of potential members if:
(a) the Secretary is satisfied that the person has experience, or expertise, in:
(i) the delivery of aged care services; or
(ii) the resolution of complaints or disputes; or
(iii) consumer protection in aged or community care; and
(b) the Secretary is also satisfied that, if the person were appointed as a member, there would not be a conflict between the person’s duties as a member and any interests or other duties of the person; and
(c) the person is not a Commonwealth officer or employee.
“(4) A person is appointed to the panel of potential members for the term stated in the person’s appointment.
“(5) The person may resign the appointment by signed notice of resignation given to the Secretary.
10.79A Membership of committee
“A committee consists of:
(a) either:
(i) the National chairperson; or
(ii) a chairperson appointed from the panel of potential chairpersons by the Secretary; and
(b) 3 other members appointed from the panel of potential members by the Secretary.”.
24. Section 10.101 (Annual report)
24.1 Omit the section, substitute:
10.101 Annual report
“(1) This section applies if a Complaints Resolution Committee has met during a financial year.
“(2) After the end of the financial year, the committee must prepare a report on the committee’s activities during the financial year.
“(3) The National chairperson must coordinate all reports prepared for a financial year and give the reports to the Minister for presentation to the Parliament.”.
NOTE
1. Committee Principles 1997 notified in the Commonwealth of Australia Gazette on 29 September 1997.