{"id":"F2019L01695","name":"Aged Care Legislation Amendment (New Commissioner Functions) (Transitional Provisions) Rules 2019","slug":"aged-care-legislation-amendment-new-commissioner-functions-transitional-provisions-rules-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440352,"registerId":"F2019L01695-fast-fetch-1775956013960","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Aged Care Legislation Amendment (New Commissioner Functions) (Transitional Provisions) Rules 2019","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nAged Care Legislation Amendment (New Commissioner Functions) (Transitional Provisions) Rules 2019\n\nI, Richard Colbeck, Minister for Aged Care and Senior Australians, make the following rules.\n\nDated 19 December 2019\n\nRichard Colbeck\n\nMinister for Aged Care and Senior Australians\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Saving of approval of approved providers—specified entity\n\n \n\n1  Name\n\n  This instrument is the Aged Care Legislation Amendment (New Commissioner Functions) (Transitional Provisions) Rules 2019.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 January 2020. 1 January 2020\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Aged Care Legislation Amendment (New Commissioner Functions) Act 2019.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Aged Care Legislation Amendment (New Commissioner Functions) Act 2019.\n\naged care service has the same meaning as in the Aged Care Act 1997.\n\n5  Saving of approval of approved providers—specified entity\n\n  For the purposes of subparagraph (1)(b)(ii) of item 2 of Schedule 4 to the Act, an entity that proposes to conduct an aged care service is specified.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation performs exactly the narrow transitional function its title suggests. It does not expand beyond the specific saving provision required to implement the parent Act's machinery changes."},"complexity_factors":["Only 5 sections total, with minimal substantive content","Single operative provision (section 5) containing a simple specification","No defined terms beyond basic cross-references to the parent Act","No conditional logic, exceptions, or nested provisions","Entirely dependent on external legislation for meaning (requires reading the amending Act and the Aged Care Act 1997 to understand effect)"],"plain_english_summary":"This rule is a saving provision that preserves existing government approvals for aged care providers when oversight shifts to the new Aged Care Quality and Safety Commissioner. It ensures organisations already approved to deliver aged care keep that approval—even if they haven’t begun operating—so transfers of regulatory power don’t interrupt services.\n\nIt affects approved aged‑care providers and the new Commissioner, preventing legal gaps that could disrupt care for vulnerable older Australians."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not change the substantive scope of the parent Act. It provides a transitional saving (clause 5) for entities proposing to conduct aged care services and sets commencement (clause 2). To determine any practical expansion or contraction of coverage, one must read Schedule 4, item 2(1)(b)(ii) of the Act; the instrument itself only specifies the class of entity covered for that saving."},"complexity_factors":["Very short instrument with a single operative saving clause (clause 5) limiting its substantive content.","Depends on cross‑references to the Aged Care Legislation Amendment (New Commissioner Functions) Act 2019 and Schedule 4, item 2(1)(b)(ii) of that Act — full effect requires reading the parent Act.","Relies on defined term 'aged care service' from the Aged Care Act 1997 (clause 4), creating interpretive dependence on external legislation.","Commencement timing is explicit (clause 2) but the instrument contains no procedural detail or criteria — potential practical uncertainty about how the saving operates in specific cases.","Uses a broad, non‑exclusive description ('an entity that proposes to conduct an aged care service') which leaves scope open to interpretation."],"plain_english_summary":"This instrument preserves approval status for entities proposing to run aged care services under transitional rules tied to the Aged Care Legislation Amendment (New Commissioner Functions) Act 2019. It commenced on 1 January 2020 and was made by the Minister under that Act.\n\nIt affects prospective aged‑care providers and the regulator by specifying that an “entity that proposes to conduct an aged care service” is covered for the saving in Schedule 4, item 2(1)(b)(ii), so approval continuity is maintained during the statutory transition."}},"importantCases":[],"_links":{"self":"/api/acts/aged-care-legislation-amendment-new-commissioner-functions-transitional-provisions-rules-2019","history":"/api/acts/aged-care-legislation-amendment-new-commissioner-functions-transitional-provisions-rules-2019/history","analysis":"/api/acts/aged-care-legislation-amendment-new-commissioner-functions-transitional-provisions-rules-2019/analysis","conflicts":"/api/acts/aged-care-legislation-amendment-new-commissioner-functions-transitional-provisions-rules-2019/conflicts","importantCases":"/api/acts/aged-care-legislation-amendment-new-commissioner-functions-transitional-provisions-rules-2019/important-cases","documents":"/api/acts/aged-care-legislation-amendment-new-commissioner-functions-transitional-provisions-rules-2019/documents"}}