Sanctions Amendment Principles 2001 (No. 1)
I, BRONWYN KATHLEEN BISHOP, Minister for Aged Care, make these Principles under subsection 96-1 (1) of the Aged Care Act 1997.
Dated 18 January 2001
BRONWYN BISHOP
Minister for Aged Care
1 Name of Principles
These Principles are the Sanctions Amendment Principles 2001 (No. 1).
2 Commencement
These Principles commence on gazettal.
3 Amendment of Sanctions Principles 1997
Schedule 1 amends the Sanctions Principles 1997.
4 Transitional
Part 2 of the Sanctions Principles 1997, as in force immediately before the date of commencement of this section, continues to apply in relation to a notice mentioned in subsection 66-2 (1) of the Act that was issued before that date.
Schedule 1 Amendments
(section 3)
[1] Section 22.3
substitute
22.3 Definitions
In these Principles:
Act means the Aged Care Act 1997.
non-compliance means a failure by an approved provider to comply with 1 or more of the approved provider’s responsibilities under Part 4.1, 4.2 or 4.3 of the Act.
Note: Definitions
A number of expressions used in these Principles are defined in the Aged Care Act 1997 (see Dictionary in Schedule 1), including:
- aged care
- approved provider
- disqualified individual
- key personnel
- residential care.
[2] After section 22.3
insert
Part 1A Reasonable steps to ensure suitability of key personnel
22.3A Purpose of Part (Act, s 63-1A)
This Part sets out reasonable steps that an approved provider must take to ensure that none of its key personnel is a disqualified individual.
22.3B Reasonable steps to be taken
(1) For subsection 63-1A (2) of the Act, the following reasonable steps are specified:
(a) for a person who is one of the approved provider’s key personnel at the date of commencement of this Part (the commencement date), the approved provider must, within 14 days of the commencement date, require the person to disclose in a signed statutory declaration whether he or she:
(i) has been convicted of an indictable offence; or
(ii) is an insolvent under administration;
(b) for a person who proposes to become, or who has become, one of the approved provider’s key personnel after the commencement date, the approved provider must, in relation to the person:
(i) seek (with the person’s written consent) a report about the person’s criminal conviction record from the Australian Federal Police; and
(ii) conduct a search of bankruptcy records; and
(iii) conduct previous employment and referee checks;
(c) for each of the approved provider’s key personnel, the approved provider must:
(i) ensure the person understands the obligations of key personnel and of approved providers under the Act in relation to disqualified individuals; and
(ii) if the approved provider reasonably believes that the person may be mentally incapable of performing his or her duties as one of the approved provider’s key personnel — make arrangements for the person to be examined by a registered medical practitioner; and
(iii) if the approved provider has ascertained that the person is a disqualified individual — ensure that the person ceases to be one of the approved provider’s key personnel;
(d) if the approved provider reasonably believes that a person may be a disqualified individual — the approved provider may take any of the steps mentioned in paragraphs (a) and (b), or other appropriate steps, to ascertain if the person is a disqualified individual;
(e) if the Secretary seeks information from the approved provider as to the steps taken by that approved provider to ensure that the person is not a disqualified individual — provide that information to the Secretary.
(2) For paragraph (1) (a), a person is required to give the approved provider a signed statutory declaration within 14 days of being required to do so.
(3) In subsection (1):
disqualified individual, indictable offence and insolvent under administration have the same respective meanings as in section 10A-1 of the Act.
[3] Section 22.4
omit
the requirements for appointing
insert
requirements concerning the appointment of
[4] Sections 22.5 and 22.6
omit
[5] Subsection 22.7 (1)
omit
the nomination,
insert
a nomination by the approved provider under subsection 66A-2 (2) of the Act,
[6] Section 22.8
omit
[7] Subsection 22.9 (3)
substitute
(3) Section 22.7 and this section apply to the nomination.
[8] Section 22.10
omit
the requirements for nominating and appointing
insert
requirements concerning the appointment of
[9] Sections 22.11 and 22.12
omit
[10] Subsection 22.13 (1)
omit
the nomination,
insert
a nomination by the approved provider under subsection 66A-3 (2) of the Act,
[11] Section 22.14
omit
[12] Subsection 22.15 (3)
substitute
(3) Section 22.13 and this section apply to the nomination.