EXPLANATORY STATEMENT
Issued by the authority of the Minister for Ageing
Aged Care Act 1997
Information Amendment Principles 2008 (No. 1)
The Aged Care Act 1997 (the Act) provides for the funding of aged care services. Persons who are approved under the Act to provide residential aged care services (approved providers) can be eligible to receive residential care subsidy payments in respect of the care they provide to approved care recipients.
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.
The Information Principles 1997 (the Information Principles) is one of the sets of Principles made under the Act.
The purpose of the Information Amendment Principles 2008 (No. 1) (the Amending Principles) is detailed below. The Amending Principles are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Information Amendment Principles 2008 (No. 1)
The Aged Care Amendment (2008 Measures No. 1) Act 2008 amended the Act and related legislation to simplify, and make fairer, the fees and charges paid by residents of aged care facilities as well as the subsidies paid by the Commonwealth Government for residents who cannot fully meet their own care and accommodation costs.
Some more minor changes to the legislation were also made to improve consistency and clarity, address unintended consequences of the operation of the legislation, and streamline the administration of the legislation.
These minor amendments included updating outdated references to other legislation that interacts with the Act (for example, social security legislation) and also updating outdated references to the names of Departments responsible for administering such legislation.
The purpose of these Amending Principles is to make similar changes to the Information Principles.
Consultation
These amendments result from machinery of government changes, and therefore, consultation on these changes is not required.
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 Information Amendment Principles 2008 (No. 1).
Clause 2 states that the Principles commence on 20 March 2008.
Clause 3 states that Schedule 1 amends the Information Principles.
Schedule 1 Amendments
Item 1
Section 16.5 of the Information Principles sets out the circumstances in which the Secretary of the Department of Health and Ageing may disclose protected information to other individuals and organisations.
Paragraphs 16.5(1)(a) and (b) currently contain outdated references to the Secretary of the Department of Families, Community Services and Indigenous Affairs and to the Secretary of the Department of Veterans’ Affairs.
This item updates these references.
Paragraphs 16.5(1)(a) also refers to the disclosure of information for the purpose of working out whether any amount is payable to a person as rent assistance under the Social Security Act 1991. As a result of changes to social security legislation, rent assistance is now worked out under both the Social Security Act 1991 and the A New Tax System (Family Assistance) Act 1999. This item therefore updates paragraph 16.5(1)(a) accordingly.
Item 2
This item replaces the existing note at the end of section 16.5 with a new note. The existing note contains information about rent assistance and also about offences.
The effect of this amendment is to remove the note relating to rent assistance. This is because the current note contains complicated and outdated references to the provisions in social security legislation that relate to rent assistance.
The amendments also update the note in relation to offences so that it aligns with changes that were made to the Act as the result of the Aged Care Amendment (2008 Measures No. 1) Act 2008. These changes simply update references to Departments so that they do not date.
Overview
The Information Amendment Principles 2008 (No. 1) were introduced to amend the Information Principles under the Aged Care Act 1997. Enacted by the Parliament of Australia, these principles aim to update and streamline references within the legislation to align with recent machinery of government changes and updated social security legislation. The primary objective is to ensure consistency, clarity, and the effective administration of aged care services by correcting outdated references to various government departments and updating the legislative framework to reflect current practices. These amendments do not require consultation as they result from structural government changes. The Information Amendment Principles 2008 (No. 1) commenced on 20 March 2008, and they include specific updates to references in the Information Principles, particularly in relation to the disclosure of protected information for the calculation of rent assistance and to align with changes made by the Aged Care Amendment (2008 Measures No. 1) Act 2008.
Scope and Application
The Information Amendment Principles 2008 (No. 1) amends the Information Principles, which are made under the Aged Care Act 1997. The Information Principles govern the handling of protected information by approved providers of residential aged care services and other relevant parties. This legislative instrument applies to approved providers and other entities involved in the provision or administration of aged care services, as well as to individuals who manage or work within these entities. The scope of the Amending Principles is limited to updating outdated references to other legislation and Departments, primarily concerning social security and administrative functions, to ensure consistency and clarity in the administration of aged care services. These updates do not alter the fundamental obligations or rights under the Act but are necessary to reflect current legislative and departmental structures. The changes do not introduce new substantive obligations or alter the existing framework for the provision of aged care services.
Key Provisions
The Information Amendment Principles 2008 (No. 1) primarily aim to update and streamline the Information Principles made under the Aged Care Act 1997. These amendments are necessary to reflect changes in the names and functions of various government departments and to update references to social security legislation. Specifically, Section 16.5 of the Information Principles, which governs the disclosure of protected information by the Secretary of the Department of Health and Ageing, has been updated to reflect the current structure of government departments and the relevant social security laws (Item 1, Schedule 1). Additionally, the note at the end of Section 16.5 has been revised to remove outdated references to rent assistance and to align with recent amendments to the Aged Care Act itself (Item 2). These updates are intended to enhance the clarity and effectiveness of the information management practices within the aged care sector.
The obligations imposed by these Amending Principles primarily concern the Secretary of the Department of Health and Ageing, who must ensure that any disclosure of protected information complies with the updated provisions. This includes making sure that references to other government departments and social security laws are current and accurate. Furthermore, the Amending Principles require that any new disclosures align with the broader legislative framework established by the Aged Care Act 1997 and subsequent amendments, ensuring consistency and accuracy in the administration of aged care services.
Failure to comply with the updated provisions in the Information Principles could potentially result in breaches of confidentiality and improper disclosure of protected information. While the Explanatory Statement does not specify particular offences, penalties, or consequences for non-compliance, breaches of similar provisions in the Aged Care Act 1997 can lead to civil or criminal penalties. The exact nature of these penalties would depend on the specific circumstances of the breach, including its severity and whether it was intentional or negligent. It is important for the Secretary of the Department of Health and Ageing to adhere strictly to the updated guidelines to avoid any potential legal repercussions.
In summary, the Information Amendment Principles 2008 (No. 1) serve to modernize the Information Principles by updating references to government departments and social security laws. These changes are crucial for maintaining the integrity and effectiveness of information management within the aged care sector. Compliance with these updated principles is mandatory for the Secretary of the Department of Health and Ageing, with potential legal consequences for any breaches.