Committee Amendment Principles 2004 (No. 1)
I, JULIE BISHOP, Minister for Ageing, make these Principles under subsection 96‑1 (1) of the Aged Care Act 1997.
Dated 25 June 2004
JULIE BISHOP
Minister for Ageing
1 Name of Principles
These Principles are the Committee Amendment Principles 2004 (No. 1).
2 Commencement
These Principles commence on 1 July 2004.
3 Amendment of Committee Principles 1997
Schedule 1 amends the Committee Principles 1997.
Schedule 1 Amendments
(section 3)
[1] Before Chapter 1, note
omit
Chapter 2 provides for Residential Care Standards Review Committees. At the request of the Secretary, the committees review standards of residential care provided by approved providers and perform other functions.
[2] Section 10.3, definition of committee
substitute
committee means a Complaints Resolution Committee established by the Minister under subsection 96-3 (1) of the Act.
[3] Section 10.3, definition of panel of potential chairpersons
omit
, for Chapter 3,
[4] Section 10.3, definition of panel of potential members
substitute
panel of potential members has the meaning given by subsection 10.79 (1).
[5] Section 10.3, definition of Residential Care Standards
omit
[6] Section 10.3, note
omit
- officer
[7] Chapter 2
omit
[8] Chapter 3, Part 1, heading
substitute
Part 1 Functions and powers of Committee and Commissioner
[9] Section 10.33
substitute
10.33 Purpose of Part
This Part provides for the functions and powers of Complaints Resolution Committees, and of the Commissioner for Complaints, and how the functions are to be performed.
[10] Paragraph 10.34 (c)
omit
[11] After paragraph 10.34A (1) (c)
insert
(ca) to ensure that an effective quality assurance system is implemented for the complaints resolution scheme;
[12] Section 10.35, heading
substitute
10.35 Performance of functions of Committees
[13] Paragraphs 10.35 (b), (c), (e) and (f)
omit
[14] Paragraph 10.35 (h)
substitute
(h) ensure that, in appropriate cases, evidence of systemic or serious isolated issues are referred to the Commissioner; and
[15] Subparagraph 10.35 (i) (ii)
substitute
(ii) is inconsistent with the applicable standards set out in the Quality of Care Principles 1997; and
[16] After section 10.35
insert
10.35A Performance of functions of Commissioner for Complaints
In performing his or her functions, the Commissioner must:
(a) ensure that the complaints resolution scheme provided under this Chapter operates as an independent, unbiased, free and accessible complaints resolution scheme in which the paramount consideration is, where feasible, to resolve complaints for complainants; and
(b) encourage the resolution of complaints at the service level; and
(c) ensure that the complaints resolution scheme includes appropriate measures to ensure the parties to a complaint are kept informed during the assessment and resolution of the complaint; and
(d) ensure that the complaints resolution scheme includes appropriate measures to ensure the parties are able to comment on, and complain about, the operation of the complaints resolution scheme; and
(e) ensure that any evidence referred to the Commissioner under paragraph 10.35 (h) is referred to a body corporate that is a party to a written agreement for the accreditation of residential care services, entered into by the Secretary under section 80-1 of the Act.
[17] Subsections 10.36 (2) and (3)
substitute
(2) The Commissioner may do anything necessary or convenient to be done for, or in relation to, the performance of the Commissioner’s functions.
[18] Chapter 3, Part 2, Division 2, heading
substitute
Division 2 Assessment of complaint
[19] Subparagraph 10.42 (2) (b) (ii)
substitute
(ii) whether it should be resolved by negotiation, mediation or determination.
[20] Section 10.42, note 2
substitute
Note 2 See Divisions 4, 5 and 6 in relation to negotiation, mediation and determination of a complaint.
[21] Subsection 10.44 (1)
omit
7 days,
insert
14 days,
[22] Paragraph 10.47 (2) (a)
omit
7 days,
insert
14 days,
[23] After section 10.47
insert
10.47AA Secretary may decide not to deal any further with complaint
(1) This section applies if the Secretary decides to accept the complaint.
(2) The Secretary may, at any time, decide not to deal any further with the complaint if the Secretary considers it appropriate to do so.
(3) If the Secretary decides not to deal any further with the complaint, the Secretary must give the complainant written reasons for the decision.
(4) The complainant may ask the Secretary in writing to reconsider the decision.
(5) The request must:
(a) be given to the Secretary within 14 days, or such longer period as the Secretary allows, after the day when the complainant was told about the decision by the Secretary; and
(b) set out the reasons for the request.
(6) The Secretary must:
(a) refer the request to the Commissioner for Complaints for advice; and
(b) reconsider the decision taking into account the Commissioner’s advice, and:
(i) confirm the decision; or
(ii) set the decision aside and substitute a new decision, stating how, under this Part, the complaint is to be dealt with.
(7) In this section:
complaint includes part of the complaint.
[24] Subsection 10.49 (1)
omit
may refer the complaint,
insert
may, in writing, refer the complaint,
[25] Paragraph 10.52 (1) (b)
omit
agency.
insert
agency; and
[26] After paragraph 10.52 (1) (b)
insert
(c) has decided that the complaint should be resolved by negotiation.
[27] Section 10.53, heading
substitute
10.53 Secretary may attempt to resolve by negotiation
[28] Subsection 10.53 (1)
omit
must endeavour
insert
may endeavour
[29] Section 10.53B
substitute
10.53B Procedure if negotiation fails
(1) If the complaint is not resolved by negotiation under this Division, the Secretary must decide:
(a) to refer the complaint for mediation under Division 5; or
(b) to refer the complaint for determination under Division 6; or
(c) not to deal any further with the complaint.
(2) If the Secretary decides not to deal any further with the complaint, subsections 10.47AA (3) to (7) apply.
(3) In this section:
complaint includes part of the complaint.
[30] Section 10.54
substitute
10.54 Application of Division
(1) This Division applies if:
(a) in making the preliminary assessment of the complaint, the Secretary decided that the complaint should be resolved by mediation under this Division; or
(b) the Secretary has unsuccessfully endeavoured to resolve the complaint by negotiation and has decided to refer the complaint for mediation under this Division; or
(c) the parties to the complaint have agreed to refer the complaint for mediation under this Division.
(2) This Division does not apply if the Secretary has decided not to deal any further with the complaint.
[31] Subsection 10.58 (2)
substitute
(2) The relevant approved provider may be represented by one or more of the approved provider’s key personnel or other employees.
[32] Subsection 10.58 (3)
omit
an agent
insert
an agent or agents
[33] Subsection 10.58 (5)
substitute
(5) If any of the approved provider’s key personnel or other employees represent the approved provider, the approved provider is bound by any representations made, or action taken, by the key personnel or other employees during, or for, the mediation.
(6) The mediator may limit the number of key personnel, or other employees, of the approved provider, or the number of agents of the party to the complaint, who may attend the mediation.
[34] After subsection 10.60 (2)
insert
(3) If the complaint has not been resolved, the Secretary must decide:
(a) to refer the complaint for determination under Division 6; or
(b) not to deal any further with the complaint.
(4) If the Secretary decides not to deal any further with the complaint, subsections 10.47AA (3) to (7) apply.
[35] After subsection 10.61 (1)
insert
(1A) The report must include a brief description of each issue referred for mediation and the outcome, if any, achieved in relation to each issue.
[36] Section 10.62
substitute
10.62 Application of Division
(1) This Division applies if:
(a) in making the preliminary assessment of the complaint, the Secretary decided that the complaint should be resolved by determination under this Division; or
(b) the Secretary has decided to continue dealing with a complaint that has been withdrawn and has referred the complaint to a Complaints Resolution Committee for determination under this Division; or
(c) the Secretary has unsuccessfully endeavoured to resolve the complaint by negotiation and has decided not to refer the complaint to a mediator; or
(d) the complaint has been referred to a mediator but the mediation has ended without the complaint being resolved by agreement between the parties; or
(e) the parties to the complaint have agreed to refer the complaint for determination under this Division.
(2) This Division does not apply if the Secretary has decided not to deal any further with the complaint.
[37] Section 10.63
substitute
10.63 Secretary to refer complaint to committee
The Secretary must refer the complaint to a Complaints Resolution Committee for determination.
[38] Subsection 10.64 (1)
substitute
(1) Unless the committee is dissolved under section 10.64A, the committee must resolve the complaint by making a determination under this Division.
[39] After section 10.64
insert
10.64A Commissioner for Complaints may dissolve committee
If the Commissioner for Complaints considers that it is no longer necessary or appropriate for the complaint to be resolved by determination, the Commissioner may dissolve the committee and discontinue dealing with the complaint.
Examples of circumstances that might result in a committee being dissolved
1. The complaint is withdrawn before the committee has made a determination.
2. The complaint has become the subject of a legal proceeding.
[40] Subsection 10.66 (4)
omit
(other than a lawyer)
[41] Paragraph 10.71 (2) (a)
omit
7 days
insert
14 days
[42] Paragraph 10.73 (1) (b)
omit
7 days
insert
14 days
[43] Subsection 10.74 (1)
omit
the end of the 7 days
insert
the end of the period mentioned in paragraph 10.73 (1) (b),
[44] Paragraph 10.74 (2) (d)
omit
the 7 day period.
insert
the period mentioned in paragraph 10.73 (1) (b).