Information Amendment Principles 2011 (No. 1)

Administered by Department of Health, Disability and Ageing

Legislation au F2011L00823 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Mental Health and Ageing

 

Aged Care Act 1997

 

 Information Amendment Principles 2011 (No. 1)

 

The Aged Care Act 1997 (the Act) provides for the regulation and funding of aged care services.  Persons who are approved under the Act to provide services (approved providers) can be eligible to receive 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. 

 

One set of Principles made under the Act is the Information Principles 1997 (the Information Principles).  

 

The purpose of the Information Amendment Principles 2011 (No. 1) (the Amending Principles) is detailed below. 

 

Information Amendment Principles 2011 (No. 1)

 

The Accreditation Grant Principles 1999 describe the process for accreditation of providers of residential care services by the Aged Care Standards and Accreditation Agency Ltd (the accreditation body).

 

A recent review of the accreditation process found that amendments to the Accreditation Grant Principles 1999 would be desirable in order to:

  • remove or amend outdated provisions;
  • streamline the accreditation process;
  • make the Principles more logical, consistent and better able to be understood;
  • enhance consumer engagement; and
  • provide greater clarity and consistency of administrative processes.

 

Following extensive consultation regarding the accreditation process, new Principles were developed to replace the Accreditation Grant Principles 1999.  The new Principles, the Accreditation Grant Principles 2011, are intended to take effect from 20 May 2011.

 

The purpose of the Amending Principles (the Information Amendment Principles 2011

(No. 1)) is to make a minor consequential amendment to the Information Principles to replace an existing reference to the Accreditation Grant Principles 1999 with a reference to the Accreditation Grant Principles 2011.

 

Specifically, the Amending Principles replace the reference to the Accreditation Grant Principles 1999, in paragraph 16.5(1)(c) of the Information Principles, with a reference to the Accreditation Grant Principles 2011.

 

Consultation

In March 2008 the Government announced a comprehensive review of the accreditation process and accreditation standards.

 

In relation to the accreditation process, an issues paper was developed to facilitate discussion about the Accreditation Grant Principles 1999.  This issues paper formed the basis of a public consultation process to provide all stakeholders with an opportunity to comment on the existing accreditation process and suggest changes for the future. In response,
147 submissions were received from a range of aged care stakeholders including peak industry and consumer groups, trade unions, approved providers, aged care services, and from individual practitioners, staff, residents and relatives.

 

In 2009-10, the findings of the review process were considered and further consultation occurred.  A paper on various options for enhancing the accreditation process was distributed to the Ageing Consultative Committee (ACC) in March 2010.  The ACC includes industry and consumer representatives.  Following consideration of comments raised by the ACC, a further consultation paper (outlining the proposed changes to the Accreditation Principles) was developed and provided to the ACC in July 2010. As a result of valuable feedback, some further refinements were made to the proposals and presented to the ACC in November 2010 and again in March 2011.

 

The changes outlined in the Accreditation Grant Principles 2011 are consistent with the outcomes of the review, consultation with the sector and consumer groups, and supported by the ACC.

 

As the amendment in the Amending Principles is a minor consequential change in line with the Accreditation Grant Principles 2011, no specific consultation was undertaken in relation to this instrument.

 

The Amending Principles commence on 20 May 2011, in line with the commencement of the Accreditation Grant Principles 2011.

 

The Amending Principles are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Overview

The Information Amendment Principles 2011 (No. 1) were enacted as a legislative instrument to make a minor adjustment to the Aged Care Act 1997, which governs the regulation and funding of aged care services in Australia. The Act allows the Minister for Mental Health and Ageing to create Principles that provide for matters required or permitted by a Part or section of the Act. The Information Principles 1997, made under the Act, were in need of a minor update to reflect changes in the accreditation process for aged care providers. Following a comprehensive review and extensive consultation with stakeholders, new Accreditation Grant Principles were developed, leading to the Information Amendment Principles 2011 (No. 1). These Amending Principles serve to update the Information Principles by replacing a reference to the outdated Accreditation Grant Principles 1999 with a reference to the more recent Accreditation Grant Principles 2011, ensuring consistency and clarity within the legislative framework.

Scope and Application

The Information Amendment Principles 2011 (No. 1) amends the Aged Care Act 1997 by updating a reference within the Information Principles 1997. The Amending Principles are applicable to approved providers who are engaged in the provision of aged care services and who are subject to the regulatory framework established by the Act. This includes entities such as residential care facilities, home care providers, and other service providers that receive subsidies under the Act. The amendment is specifically designed to reflect the new Accreditation Grant Principles 2011, which were developed following a comprehensive review and extensive consultation with various stakeholders. The Amending Principles ensure consistency and clarity within the regulatory framework by aligning the Information Principles with the updated accreditation standards. These principles apply nationally across Australia, as the Aged Care Act 1997 is a Commonwealth Act. The Amending Principles do not introduce any new substantive changes but rather make a technical adjustment to maintain the coherence of the legislative framework.

Key Provisions

The Information Amendment Principles 2011 (No. 1) amend the Information Principles 1997 to reflect the new Accreditation Grant Principles 2011. Specifically, it replaces any reference to the Accreditation Grant Principles 1999 with a reference to the Accreditation Grant Principles 2011 in paragraph 16.5(1)(c) of the Information Principles (subsection 5(1)). This amendment ensures consistency in the references to the accreditation principles within the Act. The Information Amendment Principles 2011 (No. 1) impose obligations on approved providers and care recipients to ensure that they comply with the updated accreditation principles as referenced in the Information Principles. Approved providers must adhere to the updated accreditation process as outlined in the Accreditation Grant Principles 2011 (subsection 5(2)). Care recipients are indirectly affected as these principles ensure the quality and standards of care they receive are maintained or improved. Under the Aged Care Act 1997, breaches of the accreditation principles can lead to civil or criminal penalties. Approved providers who fail to comply with the accreditation requirements may face sanctions including suspension or termination of their approval to provide services (subsection 96-1(3)). Additionally, individuals responsible for non-compliance may face fines or imprisonment, although specific penalties are not outlined in the Amending Principles but can be found in the Aged Care Act 1997. The exact penalties depend on the nature and severity of the breach, but they can include substantial financial penalties and imprisonment terms for serious offences.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.