Committee Amendment Principles 2000 (No. 1)

Committee Amendment Principles 2000 (No. 1)

I, Bronwyn Kathleen Bishop, Minister for Aged Care, make these Principles under section 96-1 of the Aged Care Act 1997.

Dated 31 August 2000

Bronwyn Bishop

Minister for Aged Care

1 Name of Principles

  These Principles are the Committee Amendment Principles 2000 (No. 1).

2 Commencement

  These Principles commence on 31 August 2000.

3 Amendment of Committee Principles 1997

  Schedule 1 amends the Committee Principles 1997.

Schedule 1 Amendments

Do not delete: Schedule Part Placeholder

(section 3)

[1] Section 10.3, after definition of Aged Care Principles

insert

Commissioner for Complaints means the person appointed under section 10.77.

[2] Section 10.3, definition of National chairperson

omit

[3] Section 10.33

after

Complaints Resolutions Committees,

insert

and of the Commissioner for Complaints,

[4] Paragraph 10.34 (a)

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coordinate and

[5] After section 10.34

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10.34A Functions of Commissioner for Complaints

 (1) In addition to chairing committees, the Commissioner’s functions are:

 (a) to supervise the chairpersons and other members of the Complaints Resolution Committees;

 (b) to coordinate and review complaints received by the Secretary;

 (c) to oversight the effectiveness of the Scheme;

 (d) to deal with complaints about the operation of the Scheme;

 (e) to manage the determination process, including the review of determinations;

 (f) to promote an understanding of and acceptance of the Scheme;

 (g) to advise the Minister on matters relevant to the operation of the Scheme.

 (2) The Commissioner’s functions also include the following:

 (a) to give regular reports to the Secretary and the Minister about issues arising out of complaints dealt with under the Scheme;

 (b) to annually review, and report to the Minister about, the operation of the Scheme.

[6] Subsection 10.71 (1)

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Secretary,

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Commissioner for Complaints,

[7] Subsections 10.71 (2) and (3)

substitute

 (2) The application must:

 (a) be received by the Commissioner within 7 days after the day when the person or body is given a copy of the determination; and

 (b) state the reasons why review of the determination is sought, other than mere dissatisfaction with the determination.

 (3) An application may be supported by additional information.

[8] Section 10.72

substitute

10.72 Constitution of Determination Review Panel

 (1) The Determination Review Panel consists of:

 (a) if the Commissioner for Complaints has not been involved in the resolution of the complaint:

 (i) as chairperson, the Commissioner; and

 (ii) a person appointed by the Commissioner from the panel of potential chairpersons; or

 (b) if the Commissioner has been involved in the resolution of the complaint — 2 persons appointed by the Commissioner from the panel of potential chairpersons, one of whom the Commissioner must appoint as chairperson.

 (2) The panel appointed to deal with a particular complaint must be constituted within 7 days after the application for review is made to the Commissioner.

 (3) If a member of the panel ceases to be a member, the Commissioner may reconstitute the panel for the review.

[9] Section 10.73

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As soon as practicable

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 (1) As soon as practicable

[10] Section 10.73

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 (2) The panel must also ask the committee that heard the complaint to give it the information mentioned in paragraphs 10.74 (2) (a) and (b).

 (3) The committee must give the panel the information as soon as practicable after receiving the request.

[11] Subsection 10.77 (1)

substitute

 (1) The Minister must appoint a Commissioner for Complaints.

[12] Subsection 10.77 (2)

omit

as the National chairperson

[13] Subparagraph 10.77 (2) (b) (iii)

omit each mention of

National chairperson

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Commissioner

[14] Subparagraph 10.79A (a) (i)

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 (i) as chairperson, the Commissioner for Complaints; or

[15] Paragraph 10.79A (b)

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3

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2

[16] Section 10.80

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a Complaints Resolution Committee’s procedures.

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procedures to be followed by a Complaints Resolution Committee and a Determination Review Panel.

[17] Section 10.81

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In performing

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 (1) In performing

[18] Section 10.81

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 (2) This section applies to a Determination Review Panel in the same way as it applies to a committee.

[19] After section 10.87

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10.87A Interpretation of this Part

  Unless the contrary intention appears, a reference in this Part to a member includes a reference to the Commissioner for Complaints.

[20] Section 10.92

substitute

10.92 Resignation

 (1) The Commissioner for Complaints may resign by signed notice of resignation given to the Minister.

 (2) A member of the committee, other than the Commissioner, may resign by signed notice of resignation given to the Secretary.

[21] Subsection 10.93 (1)

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The Secretary may terminate a member’s appointment

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The appointment of a member may be terminated

[22] After subsection 10.93 (1)

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 (1A) The appointment of a member may be terminated:

 (a) if the member is the Commissioner for Complaints — by the Minister; and

 (b) otherwise — by the Secretary.

[23] Section 10.94

substitute

10.94 Leave of absence

  A member of a committee may be granted leave of absence:

 (a) if the member is the Commissioner for Complaints — by the Minister; and

 (b) if the member is a chairperson (other than the Commissioner) — by the Secretary; and

 (c) otherwise — by the chairperson of the committee.

[24] Additional amendments