EXPLANATORY STATEMENT
Issued by the authority of the Minister for Ageing
Aged Care Act 1997
Committee Amendment Principles 2006 (No. 1)
The Aged Care Act 1997 (“the Act”) provides for the funding of aged care services.
Subsection 96-1(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.
Subsection 96-1(2) provides that any Principles made under subsection 96-1(1) of the Act are disallowable instruments.
The Committee Principles 1997 (“the Committee Principles”) is one of the sets of Principles made under the Act.
Context of the Committee Amendment Principles 2006 (No. 1)
Subsection 10.77(1) of the Committee Principles requires the Minister to appoint a Commissioner for Complaints.
Subsection 10.77(2) specifies that the Minister may appoint a person if the Minister is satisfied that the person has substantial experience at a professional or senior management level, or broad expertise, in:
- the delivery of aged care services; or
- the resolution of complaints or disputes; or
- consumer protection in aged or community care.
The Minister must also be satisfied that:
- the person has a high level of coordination skills; and
- has substantial experience working with committees; and
- if the person were appointed as Commissioner, there would not be a conflict between the person’s duties as Commissioner and any interests or other duties of the person.
Paragraph 10.77(2)(c) precluded the appointment of a person who is a Commonwealth officer or employee.
Legislation to replace the Complaints Resolution Scheme with a new complaints handling mechanism and to provide for the appointment of an Aged Care Commissioner is proposed to be introduced. The position of Commissioner for Complaints will be abolished as part of the proposed reforms.
To ensure that a person who has the requisite experience and skills and who has no conflicting interests or other duties can be appointed to the position of Commissioner for Complaints on a temporary basis prior to the abolition of the position, Item 2 of Schedule 1 to the Committee Amendment Principles 2006 (No. 1) amends the Committee Principles to omit the requirement that the person not be a Commonwealth officer or employee.
The Office of Regulation Review has advised that no Regulation Impact Statement is required. (ORR ID Number 8760).