Committee Principles 1997
as amended
made under subsection 96‑1 (1) of the
Aged Care Act 1997
This compilation was prepared on 31 October 2006
taking into account amendments up to Committee Amendment Principles
2006 (No. 1)
The text of any of those amendments not in force on that date is appended
in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
Chapter 1 Preliminary
10.1 Citation [see Note 1]
10.2 Commencement
10.3 Definitions
Chapter 3 Complaints Resolution Committees
Part 1 Functions and powers of Committee and Commissioner
10.33 Purpose of Part
10.34 Functions of committees
10.34A Functions of Commissioner for Complaints
10.35 Performance of functions of Committees
10.35A Performance of functions of Commissioner for Complaints
10.36 General powers
Part 2 The complaints resolution scheme
10.37 Purpose of Part
Division 1 Making of a complaint
10.38 The complaint
10.39 Request for confidentiality
10.40 Approved provider to be told about complaint
10.41 Withdrawing complaint
Division 2 Assessment of complaint
10.42 Secretary to make preliminary assessment
10.43 Secretary may ask for more information
10.44 When preliminary assessment must be finished
10.45 Refusal to accept complaint
10.46 Parties to be told about decisions
10.47 Secretary may reconsider decision
10.47AA Secretary may decide not to deal any further with complaint
10.47A Secretary must act consistently with Accountability Principles
Division 3 Referral of complaint to another agency
10.48 Application of Division
10.49 Referral to another agency
10.50 Secretary may continue to deal with complaint
10.51 Parties to be told about action taken under Division
Division 4 Negotiation about complaint
10.52 Application of Division
10.53 Secretary may attempt to resolve by negotiation
10.53A Secretary must act consistently with Accountability Principles
10.53B Procedure if negotiation fails
Division 5 Mediation of complaint
10.54 Application of Division
10.55 Referral to mediator
10.56 Secretary must tell parties about mediation
10.57 Role of mediators
10.58 Representation of parties
10.59 Confidentiality of proceeding before mediator
10.60 Conclusion of mediation
10.61 Mediator’s report
Division 6 Determination of complaint
10.62 Application of Division
10.63 Secretary to refer complaint to committee
10.64 Committee to resolve complaint by determination
10.64A Commissioner for Complaints may dissolve committee
10.65 Hearings
10.66 Representation at hearing etc
10.67 Determination may order repayment of amount
10.68 Determination to set out reasons etc
10.69 When determination takes effect
Division 7 Review of determination
10.70 Application of Division
10.71 Application for review of determination
10.72 Constitution of Determination Review Panel
10.73 Panel to tell other parties about application for review etc
10.74 Review by panel
10.75 Panel’s decision to set out reasons etc
10.75A Panel must act consistently with Accountability Principles
Part 3 Committee constitution and composition
10.76 Purpose of Part
10.77 Appointment of Commissioner for Complaints
10.77A Appointment of acting Commissioner for Complaints
10.78 Panel of potential chairpersons
10.79 Panel of potential committee members
10.79A Membership of committee
Part 4 Committee procedures
10.80 Purpose of Part
10.81 Procedures generally
10.82 Meetings
10.83 Presiding member
10.84 Quorum
10.85 Voting
10.86 Record of proceedings
Part 5 Provisions about committee members
10.87 Purpose of Part
10.87A Interpretation of this Part
10.88 Term of appointment
10.89 Disclosure of interests
10.90 Impartiality of members
10.91 Duty of confidentiality
10.92 Resignation
10.93 Termination of appointment
10.94 Leave of absence
10.95 Remuneration
10.95A Other terms and conditions
Part 6 Other matters
10.96 Purpose of Part
10.97 Record of complaints
10.98 Suspicion of offence
10.99 Effective communication of information
10.100 Effective communication of information to approved provider
10.101 Annual report
Notes
Note: Section 96‑3 of the Aged Care Act 1997
Under section 96‑3 of the Aged Care Act 1997, the Minister may establish committees for the purposes of the Act.
Under subsection 96‑3 (2) of the Aged Care Act 1997, the Minister may establish a committee for the following purposes:
(a) coordinating and reviewing:
(i) the resolution of complaints relating to approved providers, aged care services or the provision of aged care, being complaints in respect of matters dealt with under this Act or Principles made under section 96‑1 of the Act; or
(ii) the resolution of complaints relating to the administration of this Act or Principles made under section 96‑1 of the Act;
(b) in the circumstances set out in these Principles, making determinations resolving those complaints.
Under subsection 96‑3 (3) of the Aged Care Act 1997, the Committee Principles may provide for various matters in relation to a committee, including its functions, constitution and composition, remuneration of its members, and any other matters relating to its operation.
Chapter 3 provides for Complaints Resolution Committees to coordinate and review the operation of a complaints resolution scheme for aged care services and to make determinations resolving complaints.
Chapter 1 Preliminary
10.1 Citation [see Note 1]
These Principles may be cited as the Committee Principles 1997.
10.2 Commencement
These Principles commence on 1 October 1997.
10.3 Definitions
In these Principles:
Accountability Principles means the Accountability Principles 1998 made under section 96‑1 of the Act.
Act means the Aged Care Act 1997.
affected care recipient has the meaning given by subsection 10.38 (1).
Aged Care Principles means the Principles made under section 96‑1 of the Act.
Commissioner for Complaints:
(a) means the person appointed under section 10.77; and
(b) other than in sections 10.77, 10.77A, 10.94, 10.95 and 10.95A — includes a person appointed under section 10.77A to act as Commissioner.
committee means a Complaints Resolution Committee established by the Minister under subsection 96‑3 (1) of the Act.
Community Care Standards means the Community Care Standards in Schedule 4 to the Quality of Care Principles 1997.
complainant has the meaning given by subsection 10.38 (2).
key personnel, for an approved provider, has the same meaning as in subsection 9‑1 (2) of the Act.
panel means a Determination Review Panel constituted under section 10.72.
panel of potential chairpersons has the meaning given by subsection 10.78 (1).
panel of potential members has the meaning given by subsection 10.79 (1).
parties has the meaning given by subsection 10.38 (5).
relevant approved provider has the meaning given by subsection 10.38 (1).
Remuneration Tribunal means the Remuneration Tribunal established under the Remuneration Tribunal Act 1973.
Note: Definitions A number of expressions used in these Principles are defined in the Aged Care Act 1997 (see Dictionary in Schedule 1), including: | |
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Chapter 3 Complaints Resolution Committees
Part 1 Functions and powers of Committee and Commissioner
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.
10.34 Functions of committees
The functions of a Complaints Resolution Committee are to:
(a) review the resolution of aged care complaints by the Secretary under the complaints resolution scheme provided under this Chapter; and
(b) resolve complaints by making determinations under the complaints resolution scheme; and
(d) provide regular reports to the Commissioner for Complaints about issues arising out of complaints dealt with under the complaints resolution scheme; and
(e) annually review, and report to the Commissioner about, the operation of the complaints resolution scheme.
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;
(ca) to ensure that an effective quality assurance system is implemented for the complaints resolution 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.
10.35 Performance of functions of Committees
In performing its functions, the committee must:
(a) foster a positive view of complaints as opportunities to reconsider and enhance the delivery of aged care services and programs; and
(d) promote and respect the rights of complainants (and others interested in complaints), and any need for privacy or confidentiality; and
(g) ensure that the complaints resolution scheme includes appropriate measures to ensure and specifically remind parties that anyone making a complaint, or providing information about a complaint, should not be subject to victimisation or intimidation; and
(h) ensure that, in appropriate cases, evidence of systemic or serious isolated issues are referred to the Commissioner; and
(i) not make a decision that:
(i) would require an approved provider to go beyond the approved provider’s responsibilities under the Act and the Aged Care Principles; or
(ii) is inconsistent with the applicable standards set out in the Quality of Care Principles 1997; 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.
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.
10.36 General powers
(1) A committee may do anything necessary or convenient to be done for, or in relation to, performing its functions.
(2) The Commissioner may do anything necessary or convenient to be done for, or in relation to, the performance of the Commissioner’s functions.
Part 2 The complaints resolution scheme
10.37 Purpose of Part
This Part provides for the establishment and operation of the complaints resolution scheme.
Division 1 Making of a complaint
10.38 The complaint
(1) This section applies to a care recipient (the affected care recipient) who is receiving, or is eligible to receive, or who was receiving, or was eligible to receive, aged care through an aged care service provided by an approved provider (the relevant approved provider).
(2) The affected care recipient or his or her representative, or anyone else, (the complainant) may make a complaint to the Secretary about anything that:
(a) may be a breach of the relevant approved provider’s responsibilities under the Act or the Aged Care Principles; and
(b) the complainant thinks is unfair or makes the affected care recipient dissatisfied with the service.
Examples
1. An affected care recipient could, for example, be represented by an advocate, carer, legal guardian or relative.
2. A complaint could, for example, be made by a body representing professional staff employed in providing aged care or a State or Territory authority.
Note A complaint may be made by 1 or more affected care recipients, 1 or more other people, or 1 or more persons representing 1 or more affected care recipients: see Acts Interpretation Act 1901, paragraph 23 (b).
(3) The complaint may be made orally or in writing.
(4) The Secretary must provide appropriate assistance to the complainant to ensure that the complaint is an effective complaint.
(5) The parties to the complaint are:
(a) the complainant and the relevant approved provider; and
(b) the following persons or bodies who are not the complainant:
(i) the affected care recipient;
(ii) a person acting in an advocacy role for the affected care recipient;
(iii) someone legally appointed to represent the affected care recipient;
(iv) a person in a significant relationship to the affected care recipient that the care recipient, or his or her legally appointed representative, has indicated to the Secretary and to the Complaints Resolution Committee should be a party to the complaint.
10.39 Request for confidentiality
(1) When making the complaint, the complainant may:
(a) make the complaint anonymously; or
(b) ask the Secretary to keep the identity of any party to the complaint confidential.
(2) The Secretary must ensure that a request under paragraph (1) (b) is complied with.
10.40 Approved provider to be told about complaint
(1) As soon as practicable after receiving the complaint, the Secretary must tell the relevant approved provider about the making and nature of the complaint.
(2) The Secretary must also tell the approved provider who the affected care recipient and complainant are, unless the complaint was made anonymously or the complainant had asked the Secretary to keep the identities of the care recipient and complainant confidential.
(3) However, the Secretary is not required to give the approved provider information if giving the information will, or is likely to:
(a) harm the investigation of the complaint by any other person or body; or
(b) place the safety, health or wellbeing of the complainant or affected care recipient at risk; or
(c) place the complainant or care recipient at risk of intimidation or harassment.
10.41 Withdrawing complaint
(1) The complainant may withdraw the complaint at any time.
(2) If the complainant withdraws the complaint, the Secretary may stop dealing with the complaint.
(3) If the Secretary stops dealing with the complaint, the Secretary must tell the relevant approved provider in writing.
(4) However, the Secretary may continue dealing with the complaint if the Secretary considers that:
(a) the complaint was withdrawn because of intimidation or harassment of the complainant or the affected care recipient; or
(b) the complaint raises a significant issue affecting the safety, health or wellbeing of a care recipient; or
(c) the complaint raises a significant question about the level of care provided to a care recipient by the relevant approved provider.
(5) If the Secretary decides to continue dealing with the complaint, the Secretary may, for example:
(a) refer the complaint to a Complaints Resolution Committee for determination under Division 6; or
(b) take action under Division 67 of the Act; or
(c) refer the complaint 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.
Division 2 Assessment of complaint
10.42 Secretary to make preliminary assessment
(1) The Secretary must make a preliminary assessment of the complaint.
(2) The purpose of the assessment is to decide:
(a) whether the complaint should be accepted; and
(b) if so:
(i) whether it should be referred to another agency; and
(ii) whether it should be resolved by negotiation, mediation or determination.
Note 1 The complaint can be referred to another agency — see Division 3.
Note 2 See Divisions 4, 5 and 6 in relation to negotiation, mediation and determination of a complaint.
10.43 Secretary may ask for more information
The Secretary may ask the complainant for more information about the complaint to enable the Secretary to make the preliminary assessment.
10.44 When preliminary assessment must be finished
(1) The Secretary must make the preliminary assessment of the complaint as soon as practicable, but within 14 days, after receiving the complaint.
(2) However, if the Secretary asks the complainant for more information, the Secretary must make the assessment within 7 days after receiving the information.
10.45 Refusal to accept complaint
(1) The Secretary may refuse to accept the complaint if it is satisfied that:
(a) the complaint is frivolous, vexatious or not made in good faith; or
(b) the subject matter of the complaint has been, or is, the subject of a legal proceeding; or
(c) there is an alternative way of dealing with the subject matter of the complaint and the complainant agrees to have the complaint dealt with in that way; or
(d) the complaint is not a complaint that the complainant is entitled to make under this Chapter; or
(e) the complaint should not be accepted for another reason.
Example for paragraph (c)
The complaints resolution mechanism established by the approved provider under section 56‑4 of the Act.
(2) In this section:
complaint includes part of the complaint.
10.46 Parties to be told about decisions
(1) The Secretary must tell the parties to the complaint in writing about the decisions that the Secretary makes under this Division.
(2) However, the Secretary is not required to give the relevant approved provider information if giving the information will, or is likely to:
(a) harm the investigation of the complaint by any other person or body; or
(b) place the safety, health or wellbeing of the complainant or affected care recipient at risk; or
(c) place the complainant or care recipient at risk of intimidation or harassment.
(3) If the Secretary refuses to accept the complaint, the Secretary must give the complainant written reasons for the decision.
(4) In this section:
complaint includes part of the complaint.
10.47 Secretary may reconsider decision
(1) If the Secretary refuses to accept the complaint, the complainant may ask the Secretary in writing to reconsider the decision.
(2) 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.
(3) 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 accepting the complaint.
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.
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.
Division 3 Referral of complaint to another agency
10.48 Application of Division
This Division applies if the Secretary has accepted the complaint.
10.49 Referral to another agency
(1) If the Secretary thinks that the complaint raises issues that require, or may require, action by another agency, the Secretary may, in writing, refer the complaint, or material before the Secretary, to the agency.
(2) If the Secretary thinks that material before the Secretary about the complaint indicates that action should be taken against a health professional to lessen a serious risk to the safety, health or wellbeing of a care recipient, the Secretary must immediately refer the material to the appropriate health professional regulatory body and give it a written statement of the Secretary’s concerns.
(3) In this section:
action includes investigation.
agency includes:
(a) a health professional regulatory body; and
(b) the Australian Federal Police or the police force or service of a State or Territory; and
(c) 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; and
(d) an agency established under State or Territory law to consider complaints about health services or professionals.
complaint includes part of the complaint.
health professional includes:
(a) a medical practitioner; and
(b) a registered or certified nurse; and
(c) an allied health professional.
10.50 Secretary may continue to deal with complaint
(1) This section applies if the Secretary refers the complaint to another agency.
(2) The Secretary may continue to deal with the complaint if the Secretary considers it appropriate to do so.
(3) The Secretary may decline to deal, either permanently or temporarily, any further with the complaint.
(4) If the Secretary declines to deal temporarily with the complaint, the Secretary may later resume dealing with the complaint.
(5) In this section:
complaint includes part of the complaint.
10.51 Parties to be told about action taken under Division
(1) If the Secretary takes action under this Division, the Secretary must tell the parties to the complaint in writing about the action.
(2) However, the Secretary is not required to give the relevant approved provider information if giving the information will, or is likely to:
(a) harm the investigation of the complaint by any other person or body; or
(b) place the safety, health or wellbeing of the complainant or affected care recipient at risk; or
(c) place the complainant or care recipient at risk of intimidation or harassment.
(3) If the Secretary declines to deal any further with the complaint, or part of the complaint, the Secretary must give the complainant written reasons for the decision.
Division 4 Negotiation about complaint
10.52 Application of Division
(1) This Division applies if the Secretary:
(a) has accepted the complaint; and
(b) has not declined to deal any further with the complaint because the Secretary has referred the complaint to another agency; and
(c) has decided that the complaint should be resolved by negotiation.
(2) This Division also applies if the Secretary:
(a) has declined to deal temporarily with the complaint; but
(b) has resumed dealing with the complaint.
10.53 Secretary may attempt to resolve by negotiation
(1) The Secretary may endeavour to resolve the complaint by negotiation with the parties.
(2) However, the Secretary must not require the parties to communicate directly with each other.
(3) If one of the key personnel, or another employee, of the relevant approved provider represents the approved provider during the negotiation proceedings, the approved provider is bound by any representations made, or action taken, by the key personnel or other employee during, or for, the negotiation proceedings.
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 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.
Division 5 Mediation of complaint
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.
10.55 Referral to mediator
(1) The Secretary may refer the complaint, and any other material before the Secretary about the complaint, for mediation by a person appointed by the Secretary, in writing, as a mediator.
(2) The Secretary may appoint the person if the Secretary is satisfied that:
(a) the person has the qualities and experience necessary to carry out the duties of a mediator; and
(b) there would not be a conflict between the person’s duties as mediator and any interests or other duties of the person.
(3) The mediator is appointed for the term stated in the mediator’s appointment.
(4) The mediator may resign the appointment by signed notice of resignation given to the Secretary.
10.56 Secretary must tell parties about mediation
The Secretary must tell the parties in writing about the referral, how the mediation process works, and the arrangements for the mediation:
(a) as soon as practicable, but within 7 days, after making the referral; and
(b) at least 2 days before the day that mediation is to take place.
10.57 Role of mediators
(1) The mediator must endeavour to resolve the complaint by:
(a) bringing the parties together to discuss, and negotiate about, the complaint; and
(b) helping the parties to reach an agreement.
(2) However, participation by a party in the mediation is voluntary.
(3) The mediator is not subject to direction by anyone in carrying out his or her duties.
(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.
10.58 Representation of parties
(1) During the mediation, a party is not entitled to be represented by a person engaged to provide legal representation.
(2) The relevant approved provider may be represented by one or more of the approved provider’s key personnel or other employees.
(3) The mediator may permit a party to the complaint to be represented by an agent or agents if the mediator considers that the agent has sufficient knowledge of the issues raised by the complaint to represent the party effectively.
(4) The permission may be given on conditions and may be revoked at any time.
(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.
10.59 Confidentiality of proceeding before mediator
(1) Evidence of anything said, done or produced during the mediation may not be given in a court or before a person or body authorised by law to hear evidence, except with the agreement of the parties to the complaint.
(2) The mediator or a party must not disclose or communicate to anyone else information about anything said, done or produced during the mediation.
(3) However, subsection (2) does not apply to a disclosure or communication by the mediator if it is:
(a) required or permitted under the Act or these Principles; or
(b) necessary for the performance of the mediator’s duties.
(4) Also, the mediator must tell the Secretary in writing about anything that, in the mediator’s opinion, involves a serious issue affecting the safety, health or wellbeing of a care recipient, or relates to the commission of a serious offence.
(5) In this section:
serious offence means an offence under a Commonwealth, State or Territory law punishable by imprisonment for 1 year or longer.
10.60 Conclusion of mediation
(1) The mediation ends if:
(a) either party tells the mediator that the party wishes to withdraw from the mediation; or
(b) the parties resolve the complaint by agreement; or
(c) the mediator is satisfied that it is unlikely that the parties will be able to resolve the complaint.
(2) If the parties resolve the complaint by agreement outside the mediation, they must immediately tell the mediator.
(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.
10.61 Mediator’s report
(1) The mediator must report to the Secretary in writing about the outcome of the mediation as soon as practicable after the mediation ends.
(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.
(2) The report may recommend that the committee resolve the complaint by determination.
(3) The Secretary must give a copy of the report to the parties as soon as practicable, but within 7 days, after receiving it.
Division 6 Determination of complaint
Note: Paragraph 56‑4 (1) (e) of the Aged Care Act 1997
Under paragraph 56‑4 (1) (e) of the Aged Care Act 1997, an approved provider must comply with any determination made, in respect of the approved provider, by a Complaints Resolution Committee.
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.
10.63 Secretary to refer complaint to committee
The Secretary must refer the complaint to a Complaints Resolution Committee for determination.
10.64 Committee to resolve complaint by determination
(1) Unless the committee is dissolved under section 10.64A, the committee must resolve the complaint by making a determination under this Division.
(2) A determination under this Division may set out a course of action that the relevant approved provider must follow to address the matters raised in the complaint and ensure that the approved provider complies with the provider’s responsibilities under the Act or the Aged Care Principles.
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.
10.65 Hearings
(1) The committee must hold a determination hearing about the complaint.
(2) The committee must give the parties written notice of the time and place of the hearing.
(3) The notice must be given to the parties at least 7 days before the hearing.
(4) The chairperson may adjourn the hearing from time to time.
10.66 Representation at hearing etc
(1) A party to the complaint is entitled to attend the determination hearing held by the committee about the complaint, and to be accompanied by an adviser other than a person engaged to provide legal representation.
(2) The relevant approved provider is entitled to be represented at the hearing by one of the key personnel, or another employee, of the approved provider (the approved provider’s representative).
(3) A party to the complaint and the approved provider’s representative are entitled to address the committee.
(4) The committee may allow an adviser to address the committee.
(5) If one of the key personnel, or another employee, of the relevant approved provider represents the approved provider, the approved provider is bound by any representations made, or action taken, by the key personnel or other employee during, or for, the determination hearing.
(6) In this section:
address means make submissions or present evidence.
10.67 Determination may order repayment of amount
A determination of the committee under this Division may require the relevant approved provider to repay an amount to the affected care recipient.
10.68 Determination to set out reasons etc
(1) A determination of the committee under this Division must be made in writing and signed by the chairperson.
(2) The determination must include the committee’s reasons for the determination and the date of effect of the determination.
(3) As soon as practicable after making the determination, the committee must give a copy of it to each of the parties to the complaint and to the Secretary.
(4) Failure to comply with this section does not affect the validity of the determination.
10.69 When determination takes effect
(1) If the committee makes a determination under this Division, the determination takes effect on the day of effect stated in the determination.
(2) However, if an application is made under Division 7 for review of the determination, the determination takes effect only if it is confirmed under the Division.
(3) If the determination is confirmed under the Division, it takes effect on the day of effect stated in the decision of the Determination Review Panel.
Division 7 Review of determination
10.70 Application of Division
This Division applies if a Complaints Resolution Committee has made a determination resolving the complaint.
10.71 Application for review of determination
(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 Commissioner for Complaints, in writing, for review of the determination by the Determination Review Panel.
(2) The application must:
(a) be received by the Commissioner within 14 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.
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.
10.73 Panel to tell other parties about application for review etc
(1) As soon as practicable after it is constituted, the panel must give the other parties to the complaint a copy of the application and must tell each party in writing:
(a) about the making of the application for review; and
(b) that the party may, within 14 days after being given a copy of the application for review, make written submissions to the panel about the application; and
(c) that the panel must have regard to the submissions in reviewing the determination.
(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.
10.74 Review by panel
(1) As soon as practicable after the end of the period mentioned in paragraph 10.73 (1) (b), the panel must review the determination and must:
(a) confirm the determination; or
(b) vary the determination; or
(c) set the determination aside.
(2) The review must be made on the basis of:
(a) the committee’s reasons for the determination; and
(b) any evidence before the committee when it made the determination; and
(c) the application for review; and
(d) any written submissions made by a party to the complaint within the period mentioned in paragraph 10.73 (1) (b).
(3) If the panel confirms or varies the determination, the panel’s decision has effect as if it were a determination made by a committee.
(4) If the panel sets the determination aside, the panel must refer the matter back to a committee, other than the committee that made the determination, for determination under Division 6.
10.75 Panel’s decision to set out reasons etc
(1) The panel’s decision on the review must be made in writing and signed by the members.
(2) The decision must include the panel’s reasons for the decision and the date of effect of the decision.
(3) As soon as practicable after making the decision, the panel must give a copy of it to each of the parties to the complaint and to the Secretary.
(4) Failure to comply with this section does not affect the validity of the decision.
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.
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 Commissioner for Complaints
(1) The Minister must appoint a Commissioner for Complaints.
(2) The Minister may appoint a person 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 Commissioner, there would not be a conflict between the person’s duties as Commissioner and any interests or other duties of the person.
(3) A person is appointed as the Commissioner for the term stated in the person’s appointment.
(3A) The person holds office on either a full‑time or part‑time basis, as stated in the person’s appointment.
(4) The person may resign the appointment by signed notice of resignation given to the Minister.
10.77A Appointment of acting Commissioner for Complaints
(1) The Minister may appoint a person, who is eligible for appointment as Commissioner under subsection 10.77 (2), to act as Commissioner during any period when:
(a) the office of the Commissioner is vacant (whether or not an appointment has been made to that office before); or
(b) the Commissioner is absent from Australia or is, for any other reason, unable to perform the duties of that office.
(2) A person appointed under subsection (1) holds office on either a full‑time or part‑time basis, as stated in the person’s appointment.
(3) Anything done by or in relation to a person purporting to act as Commissioner under subsection (1) is not invalid merely because:
(a) there was a defect or irregularity in connection with the person’s appointment as acting Commissioner; or
(b) the person’s appointment as acting Commissioner had ceased to have effect; or
(c) the occasion for the person to act as Commissioner had not arisen or had ceased.
Note See also section 33A of the Acts Interpretation Act 1901 on acting appointments.
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) as chairperson, the Commissioner for Complaints; or
(ii) a chairperson appointed from the panel of potential chairpersons by the Commissioner; and
(b) 2 other members appointed from the panel of potential members by the Commissioner.
Part 4 Committee procedures
10.80 Purpose of Part
This Part provides for procedures to be followed by a Complaints Resolution Committee and a Determination Review Panel.
10.81 Procedures generally
(1) In performing its functions, a committee:
(a) must act with as little formality and as quickly as the requirements of these Principles, and a proper consideration of the issues before the committee, allow; and
(b) is not bound by the rules of evidence; and
(c) may obtain information about an issue in any way it considers appropriate; and
(d) may receive information or submissions orally or in writing; and
(e) may consult anyone it considers appropriate.
(2) This section applies to a Determination Review Panel in the same way as it applies to a committee.
10.82 Meetings
(1) The committee may hold the meetings that the committee considers necessary for the performance of its functions.
(2) The chairperson may, at any time by written notice to the other members, call a meeting at the time and place stated in the notice.
(3) The Secretary may, by written notice to the chairperson, direct that a meeting be held at the time and place stated in the notice.
(4) If, at any time, a majority of the members asks, by written notice given to the chairperson, that the chairperson call a meeting, the chairperson must call a meeting as soon as practicable.
(5) Subject to these Principles, the procedure of a meeting is as decided by the committee.
(6) The chairperson may invite a person to attend a committee meeting to advise or tell the committee about anything.
10.83 Presiding member
(1) The chairperson must preside at a meeting at which the chairperson is present.
(2) If the chairperson is absent, the member chosen by the members present must preside.
10.84 Quorum
At a meeting of the committee, a majority of members forms a quorum.
10.85 Voting
A question arising at a meeting must be decided by a majority of the votes of the members present and voting.
10.86 Record of proceedings
The committee must keep a record of its proceedings.
Part 5 Provisions about committee members
10.87 Purpose of Part
This Part makes provision about the members of a Complaints Resolution Committee and the Determination Review Panel.
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.
10.88 Term of appointment
(1) A member is appointed for the term stated in the member’s appointment.
(2) A member, other than the Commissioner for Complaints, holds office on a part‑time basis.
Note For Commissioner for Complaints, see subsections 10.77 (3A) and 10.77A (2).
10.89 Disclosure of interests
(1) This section applies to a member of the committee if:
(a) the member has a direct or indirect financial or other interest in an issue being considered, or about to be considered, by the committee; and
(b) the interest could conflict with the proper performance of the member’s duties in relation to the committee’s consideration of the issue.
(2) As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the committee.
(3) The disclosure must be recorded in the committee’s minutes and, unless the committee decides otherwise, the member must not:
(a) be present when the committee considers the issue; or
(b) take part in a decision of the committee on the issue.
(4) Another member who also has a direct or indirect financial or other interest in the issue must not:
(a) be present when the committee is considering its decision under subsection (3); or
(b) take part in making the decision.
(5) This section applies to a member of the Determinations Review Panel in the same way as it applies to a member of the committee.
10.90 Impartiality of members
(1) A member of the committee is not subject to the direction of anyone else in relation to anything done as a member.
(2) This section applies to a member of the Determinations Review Panel in the same way as it applies to a member of the committee.
10.91 Duty of confidentiality
(1) A member of a committee, or a person who attends a meeting of the committee at the invitation of the chairperson, must not disclose or communicate to anyone else:
(a) any of the deliberations or determinations of the committee; or
(b) any information or evidence given to the committee.
(2) However, subsection (1) does not apply to a disclosure or communication by a person if it is required or permitted under the Act or these Principles, or is necessary for the performance of the person’s duties under these Principles.
(3) This section applies to a member of the Determinations Review Panel in the same way as it applies to a member of the committee.
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.
(3) This section applies to a member of the Determinations Review Panel in the same way as it applies to a member of the committee.
10.93 Termination of appointment
(1) The appointment of a member may be terminated if the member:
(a) engages in misconduct; or
(b) becomes incapable of performing the duties of a member because of physical or mental incapacity; or
(c) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors, or makes an assignment of his or her remuneration for their benefit; or
(d) is convicted of an offence punishable by imprisonment for 1 year or longer; or
(e) is absent without leave of absence for 3 meetings of the committee during any calendar or financial year; or
(f) contravenes section 10.89 or 10.91.
Note Sections 10.89 deals with disclosure of interests and 10.91 deals with a member’s duty of confidentiality.
(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.
(2) This section applies to a member of the Determinations Review Panel in the same way as it applies to a member of the committee.
10.94 Leave of absence
(1) 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.
(2) This section applies to a member of the Determinations Review Panel in the same way as it applies to a member of the committee.
Note This section does not apply to the person appointed under subsection 10.77A (1) to act as Commissioner. (See definition of Commissioner for Complaints in section 10.3.) However, the Minister may, under section 33A of the Acts Interpretation Act 1901, determine the terms and conditions of an acting Commissioner, which may include conditions about the granting of leave of absence.
10.95 Remuneration
(1) A member of the committee is entitled to be paid the remuneration and allowances determined by the Remuneration Tribunal.
(2) This section applies to a member of the Determinations Review Panel in the same way as it applies to a member of the committee.
Note This section does not apply to the person appointed under subsection 10.77A (1) to act as Commissioner. (See definition of Commissioner for Complaints in section 10.3.) However, the Minister may, under section 33A of the Acts Interpretation Act 1901, determine the terms and conditions of an acting Commissioner, which may include remuneration and allowances.
10.95A Other terms and conditions
The Commissioner for Complaints holds office on the terms and conditions (if any) determined in writing by the Minister in relation to matters not covered by these Principles.
Note This section does not apply to the person appointed under subsection 10.77A (1) to act as Commissioner. (See definition of Commissioner for Complaints in section 10.3.) However, the Minister may, under section 33A of the Acts Interpretation Act 1901, determine the terms and conditions of an acting Commissioner.
Part 6 Other matters
10.96 Purpose of Part
This Part provides for other matters relating to the complaints resolution scheme.
10.97 Record of complaints
The Secretary must keep a register of all complaints made to the Secretary under this Chapter.
10.98 Suspicion of offence
If, at any time, a Complaints Resolution Committee or the Determination Review Panel thinks that material before it about a complaint indicates that someone may have committed an offence against Commonwealth, State or Territory law, the committee must:
(a) stop dealing with the complaint; and
(b) refer the material to the Secretary and tell the Secretary of its concerns; and
(c) tell the parties to the complaint that it has stopped dealing with the complaint.
10.99 Effective communication of information
(1) This section applies if:
(a) the Secretary, a Complaints Resolution Committee or the Determination Review Panel is required under this Chapter to tell someone about something; and
(b) it appears to the Secretary, committee or panel that the person is blind, illiterate, cannot understand or read English, or is suffering from dementia or another form of cognitive impairment.
(2) The Secretary, committee or panel must endeavour to tell the person in a way that the person is likely to understand.
Example
If the person cannot read English, the Secretary, committee or panel may give the person a document written in a language that the person can read.
(3) Failure to comply with this section does not affect the validity of anything done under these Principles.
10.100 Effective communication of information to approved provider
(1) This section applies if the Secretary, a Complaints Resolution Committee or the Determination Review Panel is required under this Chapter to tell the relevant approved provider about something.
(2) The communication of information to the approved provider is effective if the information is given to key personnel of the approved provider.
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 Commissioner for Complaints must coordinate all reports prepared for a financial year and give the reports to the Minister for presentation to the Parliament.
Notes to the Committee Principles 1997
Note 1
The Committee Principles 1997 (in force under subsection 96‑1 (1) of the Aged Care Act 1997) as shown in this compilation are amended as indicated in the Tables below.
Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.
Table of Principles
Title | Date of notification | Date of | Application, saving or |
Committee Principles 1997 | 29 Sept 1997 | 1 Oct 1997 |
|
Committee Amendment Principles 1998 (No. 1) | 26 Aug 1998 | 26 Aug 1998 | — |
Committee Amendment Principles 2000 (No. 1) | 5 Sept 2000 | 31 Aug 2000 | — |
Committee Amendment Principles 2003 (No. 1) | 23 July 2003 | 23 July 2003 | — |
Committee Amendment Principles 2004 (No. 1) | 30 June 2004 | 1 July 2004 | — |
Committee Amendment Principles 2006 (No. 1) | 30 Oct 2006 (see F2006L03559) | 31 Oct 2006 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | ||
Provision affected | How affected | |
Note before Chapt. 1..... | am. No. 1, 2004 | |
Chapter 1 |
| |
S. 10.3............... | am. No. 1, 1998; No. 1, 2000; No. 1, 2003; No. 1, 2004 | |
Note to s. 10.3.......... | am. No. 1, 2004 | |
Chapt. 2.............. | rep. No. 1, 2004 | |
Ss. 10.4–10.11......... | rep. No. 1, 2004 | |
S. 10.11A............. | ad. No. 1, 1998 | |
| rep. No. 1, 2004 | |
Ss. 10.12–10.32........ | rep. No. 1, 2004 | |
Chapter 3 |
| |
Part 1 |
| |
Heading to Part 1 of...... | rs. No. 1, 2004 | |
S. 10.33.............. | rs. No. 1, 2004 | |
S. 10.34.............. | am. No. 1, 2000; No. 1, 2004 | |
S. 10.34A............. | ad. No. 1, 2000 | |
| am. No. 1, 2004 | |
Heading to s. 10.35...... | rs. No. 1, 2004 | |
S. 10.35.............. | am. No. 1, 1998; No. 1, 2004 | |
S. 10.35A............. | ad. No. 1, 2004 | |
S. 10.36.............. | am. No. 1, 2004 | |
Part 2 |
| |
Division 1 |
| |
S. 10.38.............. | am. No. 1, 1998 | |
S. 10.40.............. | am. No. 1, 1998 | |
Division 2 |
| |
Heading to Div. 2 of...... | rs. No. 1, 2004 | |
S. 10.42.............. | am. No. 1, 2004 | |
Note 2 to s. 10.42....... | rs. No. 1, 2004 | |
S. 10.44.............. | am. No. 1, 2004 | |
S. 10.46.............. | am. No. 1, 1998 | |
S. 10.47.............. | am. No. 1, 1998; No. 1, 2000; No. 1, 2004 | |
S. 10.47AA............ | ad. No. 1, 2004 | |
S. 10.47A............. | ad. No. 1, 1998 | |
Division 3 |
| |
S. 10.49.............. | am. No. 1, 2004 | |
S. 10.51.............. | am. No. 1, 1998 | |
Division 4 |
| |
S. 10.52.............. | am. No. 1, 2004 | |
Heading to s. 10.53...... | rs. No. 1, 2004 | |
S. 10.53.............. | am. No. 1, 2004 | |
Note to s. 10.53 (3)...... | rep. No. 1, 1998 | |
S. 10.53A............. | ad. No. 1, 1998 | |
S. 10.53B............. | ad. No. 1, 1998 | |
| rs. No. 1, 2004 | |
Division 5 |
| |
S. 10.54.............. | rs. No. 1, 2004 | |
S. 10.55.............. | am. No. 1, 1998 | |
S. 10.57.............. | am. No. 1, 1998 | |
S. 10.58.............. | am. No. 1, 2004 | |
S. 10.60.............. | am. No. 1, 2004 | |
S. 10.61.............. | am. No. 1, 2004 | |
Division 6 |
| |
S. 10.62.............. | rs. No. 1, 2004 | |
S. 10.63.............. | am. No. 1, 1998 | |
| rs. No. 1, 2004 | |
S. 10.64.............. | am. No. 1, 2004 | |
S. 10.64A............. | ad. No. 1, 2004 | |
S. 10.66.............. | am. No. 1, 2004 | |
S. 10.68.............. | am. No. 1, 1998 | |
Division 7 |
| |
S. 10.71.............. | am. No. 1, 1998; No. 1, 2000; No. 1, 2004 | |
S. 10.72.............. | am. No. 1, 1998 | |
| rs. No. 1, 2000 | |
S. 10.73.............. | am. No. 1, 2000; No. 1, 2004 | |
S. 10.74.............. | am. No. 1, 1998; No. 1, 2004 | |
S. 10.75.............. | am. No. 1, 1998 | |
S. 10.75A............. | ad. No. 1, 1998 | |
Part 3 |
| |
Part 3 of Chapt. 3....... | rs. No. 1, 1998 | |
S. 10.76.............. | rs. No. 1, 1998 | |
Heading to s. 10.77...... | am. No. 1, 2000 | |
S. 10.77.............. | rs. No. 1, 1998 | |
| am. No. 1, 2000; No. 1, 2003; No. 1, 2006 | |
S. 10.77A............. | ad. No. 1, 2003 | |
S. 10.78.............. | rs. No. 1, 1998 | |
S. 10.79.............. | rs. No. 1, 1998 | |
S. 10.79A............. | ad. No. 1, 1998 | |
| am. No. 1, 2000 | |
Part 4 |
| |
S. 10.80.............. | am. No. 1, 2000 | |
S. 10.81.............. | am. No. 1, 2000 | |
Part 5 |
| |
S. 10.87A............. | ad. No. 1, 2000 | |
S. 10.88.............. | am. No. 1, 2003 | |
S. 10.92.............. | rs. No. 1, 2000 | |
| am. No. 1, 2003 | |
S. 10.93.............. | am. No. 1, 2000 | |
S. 10.94.............. | rs. No. 1, 2000 | |
| am. No. 1, 2003 | |
S. 10.95.............. | am. No. 1, 2003 | |
S. 10.95A............. | ad. No. 1, 2003 | |
Part 6 |
| |
S. 10.101............. | rs. No. 1, 1998 | |
| am. No. 1, 2000 | |