EXPLANATORY STATEMENT
Issued by the authority of the Minister for Ageing
Aged Care Act 1997
Community Visitors Grant 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 Community Visitors Grant Principles 1997 (the Community Visitors Grant Principles) is one of the sets of Principles made under the Act.
The purpose of the Community Visitors Amendment Principles 2006 (No. 1) (the Amending Principles) is to achieve the objectives detailed below. The Amending Principles are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Community Visitors Grant Amendment Principles 2006 (No. 1)
Background
As part of the 2006-07 Budget, the Government announced that operators of aged care services which are subsidised by the Australian Government under the Act will require that staff employed by them, or engaged through an employment agency, and certain volunteers have obtained a police certificate (commonly known as a police check).
One of the groups of volunteers that will be required to have police certificates is community visitors. The Australian Government funds such visitors through the Community Visitors Scheme (a grant program).
The purpose of the Community Visitors Grant Amendment Principles 2006 is to ensure that one of the conditions for inclusion in all community visitors grant agreements is a condition relating to the requirement for police certificates.
Consultation
The proposed new arrangements have been the subject of consultation with the aged care sector and with a Community Visitors Scheme working group comprising representatives from each State and Territory. National workshops about the proposed arrangements have also been conducted and all 156 organisations that receive grants under the scheme have also been notified about the proposed arrangements.
Regulation Impact Statement
The Office of Best Practice Regulation has advised that no Regulation Impact Statement is required (RIS ID 8816).
Details of the amendments to the Principles are listed at Attachment A.
ATTACHMENT A
NOTES ON CLAUSES
Clause 1 states that the name of the amending Principles is the Community Visitors Grant Amendment Principles 2006 (No. 1).
Clause 2 states that the Principles commence on the day after they are registered.
Clause 3 states that Schedule 1 amends the Principles.
Schedule 1 Amendments
Items 1 and 2
The amendments made by items 1 and 2 are editorial only and conform with current drafting convention.
Item 3
Schedule 1 of the Community Visitors Grant Principles sets out the mandatory matters for inclusion in community visitors grant agreements. This item adds another matter to the list of matters that must be included in such agreements. Specifically, all agreements must include a condition in relation to the need for a police certificate, and in certain circumstances a statutory declaration, about each community visitor’s criminal conviction record.
It is intended that all agreements will be amened to reflect this requirement and that all volunteers will meet the new requirements by 30 June 2007. It is proposed that the amendments to the agreements will require that community visitors meet the same general requirements as other volunteers and staff working in aged care.
Specifically, they will be required to obtain a police certificate prepared by the Australian Federal Police or by the police force or police service of a State or Territory. The police certificate must demonstrate that the person has not been convicted of murder or sexual assault or been convicted of, and sentenced to imprisonment for any other form of assault.
In addition, if, at any time after the person turned 16, the community visitor has been, or is, a permanent resident or citizen of another country, they must also provide a statutory declaration stating that they have not been convicted of murder or sexual assault or been convicted of, and sentenced to imprisonment for any other form of assault.
Overview
The Community Visitors Grant Amendment Principles 2006 (No. 1) were introduced as a legislative instrument under the Aged Care Act 1997, enacted to address a gap in the safety and security protocols for community visitors involved in the aged care sector. The primary objective of these amending principles is to ensure that community visitors, who are funded through the Community Visitors Scheme, are required to obtain a police certificate as part of their volunteer engagement. This legislative change was implemented in response to a policy decision announced in the 2006-07 Budget, aiming to enhance the safety and trust within the aged care services by ensuring that all personnel, including community visitors, meet stringent background check requirements. The Australian Government consulted extensively with the aged care sector and relevant stakeholders, including a Community Visitors Scheme working group, to develop and refine these principles, ensuring that they align with broader safety and welfare objectives in aged care provision.
Scope and Application
The Community Visitors Grant Amendment Principles 2006 (No. 1) is a legislative instrument that amends the Community Visitors Grant Principles 1997, which are set out under the Aged Care Act 1997. This Act provides for the funding of aged care services and allows the Minister to make principles for various matters required or permitted by the Act. These amending principles apply to the community visitors who are funded through the Community Visitors Scheme, a grant program established under the Act. The primary purpose of these amendments is to ensure that all community visitors grant agreements include a condition requiring community visitors to obtain a police certificate, and in certain circumstances, a statutory declaration, regarding their criminal conviction record. The amendments aim to align the requirements for community visitors with those for other volunteers and staff working in aged care services subsidised by the Australian Government. This amendment extends the scope of the Community Visitors Grant Principles to include stricter vetting procedures for community visitors, reflecting the government's commitment to safeguarding vulnerable individuals in aged care settings. The changes will be implemented through the amendment of existing grant agreements to incorporate the new conditions, with a target compliance date of 30 June 2007.
Key Provisions
The Community Visitors Grant Amendment Principles 2006 (No. 1) make several key amendments to the Community Visitors Grant Principles 1997 (CVGAP). Clause 3 of the Amending Principles specifies that Schedule 1, which outlines the mandatory matters for inclusion in community visitors grant agreements, is amended. This amendment (Item 3 of Schedule 1) requires that all such agreements include a condition concerning the need for a police certificate and, in certain circumstances, a statutory declaration, regarding each community visitor's criminal conviction record. This means that, from the date of the amendment, any grant agreement involving community visitors must specify that the visitors must obtain a police certificate, demonstrating that they have not been convicted of serious offences such as murder, sexual assault, or other forms of assault warranting imprisonment. Additionally, if a community visitor has been a permanent resident or citizen of another country at any time after they turned 16, they must also provide a statutory declaration attesting to the same.
The Amending Principles impose specific obligations on parties involved in the Community Visitors Scheme, including grant recipients and community visitors themselves. Grant recipients are required to ensure that all community visitors obtain a police certificate and, if applicable, a statutory declaration. These certificates and declarations must confirm that the visitor has not been convicted of serious offences. Furthermore, it is expected that these requirements will be met by 30 June 2007. Community visitors, on the other hand, must obtain the necessary documentation to demonstrate their eligibility to volunteer under the scheme.
Breaching the requirements outlined in the Amending Principles can result in various consequences. While the Explanatory Statement does not detail specific penalties for non-compliance, it is implied that failure to adhere to the new conditions for inclusion in community visitors grant agreements could lead to the termination of funding for the relevant organisation. Additionally, community visitors who do not meet the new requirements may be barred from participating in the scheme. These actions would fall under the broader enforcement mechanisms provided by the Aged Care Act 1997, which could include administrative sanctions or legal action.