Quality of Care Amendment Principle 2014 (No. 1)

Administered by Department of Health, Disability and Ageing

Legislation au F2015L00021 Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

 

Issued by the authority of the Assistant Minister for Social Services

 

Aged Care Act 1997

 

Quality of Care Amendment Principle 2014 (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 as a provider of aged care (approved providers) can be eligible to receive subsidy payments in respect of the care they provide to approved care recipients and also become responsible for obligations under the Act.

 

Section 96-1 of the Act allows for the Minister to make Principles providing for various matters required or permitted by a Part or section of the Act. Among the Principles made under section 96-1 are the Quality of Care Principles 2014 (the Principles).

 

The Principles deal with the responsibilities of approved providers, accreditation standards, home care standards and flexible care standards in relation to the quality of aged care detailed in Part 4.1 of the Act.

 

The Principles require that if an approved provider of residential care is notified by a State, Territory or local government authority that an aged care service is not compliant with fire safety laws, the approved provider must notify the Secretary of the Department of Social Services. The Principles also require that the notice be given within 28 days, in an approved form.

 

The Quality of Care Amendment Principle 2014 (No.1) (Amending Principle) is intended to remove this notification requirement.

 

The Accreditation Standards will continue to require residential care providers to demonstrate systems to ensure compliance with their regulatory responsibilities, including in respect of fire safety.

 

The Amending Principle is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Consultation

Removal of the fire safety declaration was discussed and agreed as a useful change by the Aged Care Sector Committee (ACSC). As the amendments in the Amending Principles are of a minor or machinery nature, no specific consultation was undertaken in relation to this instrument.

 

 

 

Regulation Impact Statement

 

The Office of Best Practice Regulation has advised that no Regulatory Impact Statement is required (OBPR ID 17120).

 

Commencement

 

The Amending Principle commences on the day after it is registered.

ATTACHMENT

 

 

 

Details of the Quality of Care Amendment Principle 2014 (No. 1)

 

Clause 1 states that the name of the Amending Principle is the Quality of Care Amendment Principle 2014 (No.1).

 

Clause 2 states the Amending Principle is to commence on the day after it is registered.

 

Clause 3 provides that the authority for the making of the Amending Principle is the Aged Care Act 1997.

 

Clause 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1 – Amendments

 

Item 1 - Section 8

This Section amends the Quality of Care Principles 2014 to repeal the requirement for a fire safety exception notice, for a given residential care service, to be provided to the Secretary if an approved provider is notified by a State, Territory or local government authority that the approved provider is not complying with any applicable State or Territory laws relating to fire safety in relation to the service.

 

 


 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

 

Quality of Care Amendment Principle 2014 (No. 1)


The Quality of Care Amendment Principle 2014 (No. 1) (the Amending Principle) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The purpose of the Amending Principle is to repeal the requirement for a fire safety exception notice, for a given residential care service, to be provided to the Secretary if an approved provider is notified by a State, Territory or local government authority that the approved provider is not complying with any applicable State or Territory laws relating to fire safety in relation to the service.

 

Human Rights Implications

The removal of this reporting requirement would not impede on human rights as the monitoring of fire safety is a State or Territory government responsibility and notification to the Secretary duplicates State or Territory government regulation. It is an unnecessary regulatory burden on approved providers.

 

Conclusion

This legislative instrument is compatible with human rights as it maintains the human right to an adequate standard or living and the highest attainable standard of physical and mental health.

 

 

Senator the Hon Mitch Fifield

Assistant Minister for Social Services

Overview

The Quality of Care Amendment Principle 2014 (No. 1) amends the Aged Care Act 1997 to remove a specific notification requirement regarding non-compliance with fire safety laws by approved residential care providers. Enacted to address what was seen as an unnecessary regulatory burden on aged care providers, the legislative instrument was introduced by the Assistant Minister for Social Services. The principle removes the obligation for providers to notify the Secretary of the Department of Social Services if they are informed by a State, Territory, or local government authority that they are not complying with fire safety laws. This amendment was agreed upon by the Aged Care Sector Committee, and it does not require a Regulatory Impact Statement as advised by the Office of Best Practice Regulation. The principle ensures that while the regulatory burden is lifted, the accreditation standards will still necessitate providers to demonstrate systems for ensuring compliance with their regulatory responsibilities, including fire safety.

Scope and Application

The Quality of Care Amendment Principle 2014 (No. 1) amends the Quality of Care Principles 2014 under the Aged Care Act 1997 by removing the requirement for approved residential aged care providers to notify the Secretary of the Department of Social Services if they are notified by State, Territory or local government authorities that they are not complying with any applicable laws relating to fire safety. This amendment applies to approved providers of residential aged care services who are responsible for ensuring compliance with relevant fire safety regulations, as these are matters of state and territory jurisdiction. The change is intended to alleviate an unnecessary regulatory burden on approved providers without compromising the safety and quality of care for aged care recipients, as the primary responsibility for monitoring and enforcing fire safety compliance remains with state and territory governments. The legislative instrument is compatible with human rights as it upholds the right to an adequate standard of living and the highest attainable standard of physical and mental health by ensuring that the regulatory focus remains on substantive compliance rather than duplicative reporting requirements.

Key Provisions

The main operative sections of the Quality of Care Amendment Principle 2014 (No. 1) are those that repeal the requirement for a fire safety exception notice to be provided to the Secretary if an approved provider of residential care is notified by a State, Territory or local government authority that the approved provider is not complying with any applicable State or Territory laws relating to fire safety in relation to the service (Section 8). The Principle removes this notification requirement but makes it clear that the Accreditation Standards will continue to require residential care providers to demonstrate systems to ensure compliance with their regulatory responsibilities, including in respect of fire safety. This change is intended to remove an unnecessary regulatory burden on approved providers while maintaining the overall quality of care. The Quality of Care Amendment Principle 2014 (No. 1) imposes obligations on approved providers of residential care to ensure they demonstrate systems to ensure compliance with their regulatory responsibilities, including in respect of fire safety. While the Principle removes the requirement to notify the Secretary of the Department of Social Services if a provider is not complying with fire safety laws, the approved providers must still ensure they are compliant with these laws. The Principle also requires that the approved providers continue to meet the accreditation standards, which include demonstrating compliance with fire safety laws. There are no specific offences, penalties, or civil/criminal consequences outlined in the Quality of Care Amendment Principle 2014 (No. 1) for breach of the requirements or obligations. However, approved providers who fail to comply with their regulatory responsibilities, including fire safety laws, may face consequences such as loss of accreditation, financial penalties, or legal action by the Department of Social Services. Additionally, failure to meet accreditation standards can result in the provider being removed from the list of approved providers, which would prevent them from receiving subsidy payments for the care they provide.

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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.