EXPLANATORY STATEMENT
Issued by the authority of the Minister for Ageing
Aged Care Act 1997
Investigation Amendment Principles 2007
The Aged Care Act 1997 (the Act) provides for the funding of aged care services.
On 27 March 2007, amendments were made to subsection 96-1(1) of the Act which allows the Minister to make Principles providing for various matters required or permitted by a Part or section of the Act. Specifically, the amendments enabled the making of Investigation Principles under the Act.
The Investigation Principles 2007 (the Investigation Principles) outline the process that the Secretary to the Department of Health and Ageing (the Secretary) will undertake in investigating complaints or information brought to his or her attention regarding the responsibilities of a residential or community aged care provider under the Act.
The purpose of the Investigation Amendment Principles 2007 (No. 1) (the Amending Principles) is to make a minor amendment to the Investigation Principles to ensure that the Secretary of the Department of Health and Ageing (the Secretary) must take all reasonable steps to notify an informant before releasing confidential information.
The purpose of these Amending Principles is to provide for circumstances in which a request to keep information confidential will not be complied with.
The Amending Principles are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Consultation
The Investigation Principles were made on 1 May 2007 and tabled in the House of Representatives on 8 May 2007 and the Senate on 9 May 2007.
On 15 August 2007 the Senate Standing Committee on Regulations and Ordinances gave a notice of motion to disallow the Investigation Principles. This motion was to allow further time for correspondence in relation to subsection 16A.9 of the Investigation Principles. The Committee is concerned that subsection 16A.9 does not indicate whether an informant is to be notified if a request for confidentiality will not be complied with. The Committee requested that the Investigation Principles be amended so that the Secretary must make all possible attempts to contact an informant before releasing confidential information. The Committee have been provided with a copy of the Investigation Amendment Principles 2007 (No. 1) and have indicated they are satisfied with them.
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 Principles is the Investigation Amendment Principles 2007 (No. 1).
Clause 2 states that these Principles commence on the day after they are registered.
Clause 3 states that Schedule 1 amends the Investigation Principles 2007.
Schedule 1 Amendment
Item 1
This amendment inserts a (1) at the beginning of section 16A.9 to allow for the addition of a paragraph (2) (see Item 2).
Item 2
This amendment relates to the addition of a clause under 16A.9 that requires that the Secretary must take all reasonable steps to notify an informant before deciding not to keep confidential a matter that the informant has requested be kept confidential under subsection 16A.5(3).