Committee Amendment Principles 2003 (No. 1)

Overview

The Committee Amendment Principles 2003 (No. 1) were enacted by the Minister for Ageing, Kevin James Andrews, under subsection 96-1(1) of the Aged Care Act 1997. This legislative instrument addresses the need for more flexible appointment and operational provisions for the Commissioner for Complaints within the aged care sector. The enactment by the Australian government aimed to ensure that the office of the Commissioner for Complaints can function effectively even in the absence of the appointed Commissioner, thereby maintaining continuity and stability in the oversight of aged care services. The policy objective is to provide a robust framework that allows for the seamless appointment of an acting Commissioner, ensuring that the responsibilities of the office are upheld at all times.

Scope and Application

The Committee Amendment Principles 2003 (No. 1) applies to the amendment of the Committee Principles 1997, specifically focusing on the roles and terms of the Commissioner for Complaints and the acting Commissioner for Complaints within the framework of the Aged Care Act 1997. These principles apply to the Commonwealth of Australia and govern the appointments, terms, and conditions of the Commissioner for Complaints and any acting Commissioner, ensuring a smooth transition and continuity of service in the absence of the primary Commissioner. The principles also extend to the Determinations Review Panel, aligning their terms and conditions with those of the committee members. Exclusions and specific conditions for acting appointments are outlined to ensure clarity and legality in the appointment process, with the Minister having the authority to determine the terms and conditions of acting Commissioners under section 33A of the Acts Interpretation Act 1901.

Key Provisions

The Committee Amendment Principles 2003 (No. 1) make specific amendments to the Committee Principles 1997 under subsection 96-1(1) of the Aged Care Act 1997. These Principles, as referenced in section 3 of the legislative instrument, commence on the date of gazette (section 2). The most significant change is the amendment to the definition of "Commissioner for Complaints" in section 10.3, which now includes a person appointed under section 10.77A to act as Commissioner, as specified in amendment [1]. Amendment [2] clarifies that the person can hold office either full-time or part-time, as stated in their appointment. Additionally, amendment [3] adds a new subsection 10.77A, allowing the Minister to appoint an acting Commissioner during vacancies or absences of the Commissioner for Complaints. The obligations and requirements imposed by these Principles primarily pertain to the appointment and terms of office for the Commissioner for Complaints and members of the committee. For instance, the Commissioner can now be appointed on a full-time or part-time basis (subsection 10.77(3A)). The Minister has the authority to appoint an acting Commissioner under section 10.77A, who holds office under the terms specified in their appointment. This acting Commissioner's actions are protected from invalidity due to any defects in their appointment, as long as they were acting in good faith (subsection 10.77A(3)). Moreover, the Principles clarify that members of the committee, other than the Commissioner, hold office on a part-time basis (subsection 10.88(2)). The terms and conditions for the Commissioner, including those not covered by these Principles, are determined in writing by the Minister (section 10.95A). The legislative instrument does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, any actions taken by or in relation to a person purporting to act as Commissioner under section 10.77A are protected from invalidity due to defects in the appointment process, provided the person acted in good faith. This suggests that while there may not be specific penalties outlined in these Principles, the integrity and legality of actions taken by the acting Commissioner are safeguarded, and any breaches of the terms and conditions of office could potentially lead to legal repercussions under other provisions of the Aged Care Act 1997 or related legislation.