{"id":"C2018A00150","name":"Aged Care Quality and Safety Commission (Consequential Amendments and Transitional Provisions) Act 2018","slug":"aged-care-quality-and-safety-commission-consequential-amendments-and-transitional-provisions-act-201","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"150 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436298,"registerId":"C2018A00150-fast-fetch-1775953541737","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Aged Care Quality and Safety Commission (Consequential Amendments and Transitional Provisions) Act 2018","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.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nAged Care Quality and Safety Commission (Consequential Amendments and Transitional Provisions) Act 2018\n\n \n\nNo. 150, 2018\n\n \n\n \n\n \n\n \n\n \n\nAn Act to deal with consequential and transitional matters arising from the enactment of the Aged Care Quality and Safety Commission Act 2018, and for related purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedules\n\nSchedule 1—Repeals and amendments\n\nPart 1—Repeals\n\nAustralian Aged Care Quality Agency Act 2013\n\nAustralian Aged Care Quality Agency (Transitional Provisions) Act 2013\n\nPart 2—Consequential amendments\n\nAged Care Act 1997\n\nAged Care (Transitional Provisions) Act 1997\n\nPart 3—Contingent amendments\n\nAged Care Act 1997\n\nFreedom of Information Act 1982\n\nSchedule 2—Application and transitional provisions\n\n \n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\nAged Care Quality and Safety Commission (Consequential Amendments and Transitional Provisions) Act 2018\n\nNo. 150, 2018\n\n \n\n \n\n \n\nAn Act to deal with consequential and transitional matters arising from the enactment of the Aged Care Quality and Safety Commission Act 2018, and for related purposes\n\n[Assented to 10 December 2018]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the Aged Care Quality and Safety Commission (Consequential Amendments and Transitional Provisions) Act 2018.\n\n2  Commencement\n\n (1) Each provision of this Act 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. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 10 December 2018\n- 2. Schedule 1, Parts 1 and 2 The later of:(a) the start of the day after this Act receives the Royal Assent; and(b) immediately after the commencement of the Aged Care Quality and Safety Commission Act 2018.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 1 January 2019(paragraph (b) applies)\n- 3. Schedule 1, Part 3 Immediately after the commencement of the Aged Care (Single Quality Framework) Reform Act 2018.However, the provisions do not commence at all if that Act does not commence. 1 July 2019\n- 4. Schedule 2 The later of:(a) the start of the day after this Act receives the Royal Assent; and(b) immediately after the commencement of the Aged Care Quality and Safety Commission Act 2018.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 1 January 2019(paragraph (b) applies)\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Schedules\n\n  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\nSchedule 1—Repeals and amendments\n\nPart 1—Repeals\n\nAustralian Aged Care Quality Agency Act 2013\n\n1  The whole of the Act\n\nRepeal the Act.\n\nAustralian Aged Care Quality Agency (Transitional Provisions) Act 2013\n\n2  The whole of the Act\n\nRepeal the Act.\n\nPart 2—Consequential amendments\n\nAged Care Act 1997\n\n3  Paragraph 42‑4(a)\n\nOmit “*CEO of the Quality Agency”, substitute “*Quality and Safety Commissioner”.\n\n4  Paragraph 56‑4(1)(d)\n\nRepeal the paragraph.\n\n5  Paragraph 56‑4(1)(e)\n\nOmit “the Complaints Principles”, substitute “rules made for the purposes of subsection 21(2) of the *Quality and Safety Commission Act”.\n\n6  Paragraph 63‑1(1)(ba)\n\nOmit “Division 94B”, substitute “Part 8 of the *Quality and Safety Commission Act”.\n\n7  Paragraph 63‑1(1)(l)\n\nRepeal the paragraph.\n\n8  Subsection 65‑1A(1)\n\nOmit “(1)”.\n\n9  Paragraph 65‑1A(1)(a)\n\nRepeal the paragraph, substitute:\n\n (a) any information provided by the *Quality and Safety Commissioner in accordance with the *Quality and Safety Commission Act or rules made under that Act; and\n\n10  Subsection 65‑1A(2)\n\nRepeal the subsection (including the note).\n\n11  Section 84‑1\n\nOmit:\n\n (e) the management and resolution of complaints and other concerns about the provision of aged care services, and powers of authorised complaints officers (see Part 6.4A);\n\n (f) recovery of overpayments by the Commonwealth (see Part 6.5);\n\n (g) the Aged Care Complaints Commissioner, whose functions include those relating to complaints and other concerns conferred on the Commissioner by the Complaints Principles (see Part 6.6);\n\nsubstitute:\n\n (e) recovery of overpayments by the Commonwealth (see Part 6.5);\n\n12  After paragraph 86‑3(1)(b)\n\nInsert:\n\n (ba) to the *Quality and Safety Commissioner to assist in the performance of the functions, or the exercise of the powers, of the Commissioner under the *Quality and Safety Commission Act or rules made under that Act; and\n\n13  Subsection 86‑3(2)\n\nRepeal the subsection.\n\n14  Paragraph 86‑3(3)(a)\n\nOmit “or (2)(a)”.\n\n15  Paragraph 86‑3(3)(b)\n\nOmit “or (2)(a) or (c)”.\n\n16  Parts 6.4A and 6.6\n\nRepeal the Parts.\n\n17  Section 96‑1 (table item 9A)\n\nOmit “Divisions 95A and”, substitute “Division”.\n\n18  Section 96‑1 (table items 13A and 17A)\n\nRepeal the items.\n\n19  Subsection 96‑2(2)\n\nRepeal the subsection, substitute:\n\nQuality and Safety Commissioner\n\n (2) The Secretary may, in writing, delegate to the *Quality and Safety Commissioner the powers and functions of the Secretary that the Secretary considers necessary for the Commissioner to perform the Commissioner’s functions under the *Quality and Safety Commission Act or rules made under that Act.\n\n (2A) If, under subsection (2), the Secretary delegates a power or function to the *Quality and Safety Commissioner, the Commissioner may, in writing, sub‑delegate the power or function to a member of the staff of the *Quality and Safety Commission referred to in section 33 of the *Quality and Safety Commission Act.\n\n20  Subsection 96‑2(15)\n\nRepeal the subsection.\n\n21  Clause 1 of Schedule 1\n\nRepeal the following definitions:\n\n (a) definition of Aged Care Complaints Commissioner;\n\n (b) definition of authorised complaints officer;\n\n (c) definition of CEO of the Quality Agency;\n\n (d) definition of complaints powers.\n\n22  Clause 1 of Schedule 1\n\nInsert:\n\nQuality and Safety Commission means the Aged Care Quality and Safety Commission established by section 11 of the *Quality and Safety Commission Act.\n\nQuality and Safety Commission Act means the Aged Care Quality and Safety Commission Act 2018.\n\nQuality and Safety Commissioner means the Commissioner of the *Quality and Safety Commission.\n\nAged Care (Transitional Provisions) Act 1997\n\n23  Clause 1 of Schedule 1 (definition of CEO of the Quality Agency)\n\nRepeal the definition.\n\nPart 3—Contingent amendments\n\nAged Care Act 1997\n\n24  Paragraph 86‑9(1)(k)\n\nOmit “Australian Aged Care Quality Agency Act 2013”, substitute “*Quality and Safety Commission Act”.\n\nFreedom of Information Act 1982\n\n25  Schedule 3\n\nOmit:\n\n| Australian Aged Care Quality Agency Act 2013, subsection 48(1) and section 50 |\n| --- |\n\n\nsubstitute:\n\n| Aged Care Quality and Safety Commission Act 2018, subsection 60(1) and section 62 |\n| --- |\n\n\nSchedule 2—Application and transitional provisions\n\n \n\n1  Definitions\n\nIn this Schedule:\n\nAged Care Act means the Aged Care Act 1997.\n\nCEO means the Chief Executive Officer of the Quality Agency appointed under section 16 of the Quality Agency Act.\n\nComplaints Commissioner means the Aged Care Complaints Commissioner appointed under section 95A‑2 of the Aged Care Act, as in force immediately before the transition time.\n\ninstrument includes:\n\n (a) a contract, deed, undertaking, arrangement or agreement; and\n\n (b) a notice, authority, order or instruction; and\n\n (c) an instrument made under an Act or regulation.\n\nQuality Agency means the Australian Aged Care Quality Agency established by section 7 of the Quality Agency Act.\n\nQuality Agency Act means the Australian Aged Care Quality Agency Act 2013, as in force immediately before the transition time.\n\nQuality and Safety Commission means the Aged Care Quality and Safety Commission established by section 11 of the Quality and Safety Commission Act.\n\nQuality and Safety Commission Act means the Aged Care Quality and Safety Commission Act 2018.\n\nQuality and Safety Commissioner means the Commissioner of the Quality and Safety Commission appointed under section 24 of the Quality and Safety Commission Act.\n\ntransition time means the commencement of the Quality and Safety Commission Act.\n\n2  Things done by, or in relation to, the CEO or Complaints Commissioner\n\n(1) If, before the transition time, a thing was done by, or in relation to, the CEO for the purposes of the Quality Agency Act or the Aged Care Act, then the thing has effect, after that time, as if it had been done by, or in relation to, the Quality and Safety Commissioner for the purposes of the Quality and Safety Commission Act.\n\n(2) If, before the transition time, a thing was done by, or in relation to, the Complaints Commissioner for the purposes of the Aged Care Act, then the thing has effect, after that time, as if it had been done by, or in relation to, the Quality and Safety Commissioner for the purposes of the Quality and Safety Commission Act.\n\n(3) The rules may provide that subitem (1) or (2) does not apply in relation to a specified thing done by, or in relation to, the CEO or the Complaints Commissioner.\n\n3  Advisory Council members\n\n(1) This item applies to a person who, immediately before the transition time, was an Advisory Council member within the meaning of the Quality Agency Act.\n\n(2) The person is taken, after the transition time, to have been appointed under section 41 of the Quality and Safety Commission Act as an Advisory Council member within the meaning of that Act:\n\n (a) for the balance of the person’s term of appointment that remained immediately before that time; and\n\n (b) on the same terms and conditions as applied to the person immediately before that time.\n\n(3) This item does not prevent those terms and conditions being varied after the transition time.\n\n4  Consultants\n\n(1) This item applies to a person if:\n\n (a) before the transition time, the person was engaged as a consultant under section 28 of the Quality Agency Act; and\n\n (b) the engagement was in effect immediately before that time.\n\n(2) The person is taken, after the transition time, to be engaged as a consultant under section 35 of the Quality and Safety Commission Act on the same terms and conditions that applied to the person’s engagement immediately before that time.\n\n(3) This item does not prevent those terms and conditions being varied after the transition time.\n\n5  Authorised complaints officers\n\n(1) This item applies to a person who was, immediately before the transition time, appointed under subsection 94B‑1(1) of the Aged Care Act as an authorised complaints officer.\n\n(2) The person is taken, after the transition time, to have been appointed under subsection 73(1) of the Quality and Safety Commission Act as an authorised complaints officer for the purposes referred to in that subsection.\n\n(3) An identity card issued to the person under subsection 94B‑1(2) of the Aged Care Act before the transition time is taken, after that time, to have been issued under subsection 74(1) of the Quality and Safety Commission Act.\n\n6  Transfer of records\n\n(1) This item applies to any records or documents that were in the possession of the following immediately before the transition time:\n\n (a) the CEO;\n\n (b) the Quality Agency;\n\n (c) the Complaints Commissioner;\n\n (d) an APS employee of the Department who, before that time, was assisting the Complaints Commissioner in the performance of the Commissioner’s functions under the Aged Care Act.\n\n(2) The records and documents are to be transferred to the Quality and Safety Commissioner after the transition time.\n\nNote: The records and documents are Commonwealth records for the purposes of the Archives Act 1983.\n\n7  Protected information\n\n(1) This item applies to the following information:\n\n (a) information that, immediately before the transition time, was protected information within the meaning of the Quality Agency Act;\n\n (b) information that:\n\n (i) immediately before the transition time, was protected information within the meaning of the Aged Care Act; and\n\n (ii) related to the functions of the Complaints Commissioner under that Act.\n\n(2) For the purposes of the Quality and Safety Commission Act, the information is taken, after the transition time, to be protected information within the meaning of that Act.\n\n8  References to the CEO etc. in instruments\n\n(1) This item applies to an instrument if:\n\n (a) the instrument was in force immediately before the transition time; and\n\n (b) the instrument contains a reference to:\n\n (i) the CEO; or\n\n (ii) the Quality Agency; or\n\n (iii) the Complaints Commissioner.\n\n(2) The instrument has effect, after the transition time, as if:\n\n (a) a reference in the instrument to the CEO or Complaints Commissioner were a reference to the Quality and Safety Commissioner; and\n\n (b) a reference in the instrument to the Quality Agency were a reference to the Quality and Safety Commission.\n\n(3) The rules may provide that subitem (2) does not apply in relation to a specified instrument.\n\n(4) This item does not prevent the instrument from being amended or repealed after the transition time.\n\n9  Legal proceedings\n\n(1) If any proceedings to which the CEO is a party are pending in any court or tribunal immediately before the transition time, the Quality and Safety Commissioner is substituted for the CEO, from that time, as a party to those proceedings.\n\n(2) If any proceedings to which the Complaints Commissioner is a party are pending in any court or tribunal immediately before the transition time, the Quality and Safety Commissioner is substituted for the Complaints Commissioner, from that time, as a party to those proceedings.\n\n10  Rules\n\n(1) The Minister may, by legislative instrument, make rules prescribing matters:\n\n (a) required or permitted by this Act to be prescribed by the rules; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n(2) Without limiting subitem (1), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:\n\n (a) the amendments or repeals made by this Act; or\n\n (b) the enactment of this Act or the Quality and Safety Commission Act.\n\n(3) To avoid doubt, the rules may not do the following:\n\n (a) create an offence or civil penalty;\n\n (b) provide powers of:\n\n (i) arrest or detention; or\n\n (ii) entry, search or seizure;\n\n (c) impose a tax;\n\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act or the Quality and Safety Commission Act;\n\n (e) directly amend the text of this Act or the Quality and Safety Commission Act.\n\n(4) This Schedule (other than subitem (3)) does not limit the rules that may be made for the purposes of subitems (1) and (2).\n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 12 September 2018\n\nSenate on 17 October 2018]\n\n(186/18)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act is purely consequential and transitional; it does not change the overall scope of aged care regulation. It simply replaces one regulator with another, carrying forward existing functions and powers. The original intent of the legislation was to establish a new commission, and this Act only facilitates that transition without expanding or contracting the regulatory framework."},"complexity_factors":["Multiple schedules with different commencement dates","Contingent amendments that only commence if another Act commences","Extensive cross-referencing to the Aged Care Quality and Safety Commission Act 2018","Repeals and amendments spread across several Acts (Aged Care Act 1997, Aged Care (Transitional Provisions) Act 1997, Freedom of Information Act 1982)","Transitional provisions that define terms, transfer things, and allow further rules to be made","Definition section in Schedule 2 with multiple defined terms"],"plain_english_summary":"This Act makes the necessary technical changes to other laws to set up the new **Aged Care Quality and Safety Commission**. It abolishes the old **Australian Aged Care Quality Agency** and the role of **Aged Care Complaints Commissioner**, and transfers their powers, staff, records, and ongoing legal matters to the new Commission and its **Quality and Safety Commissioner**. The Act also updates the *Aged Care Act 1997* and other laws so that references to the old bodies are replaced with references to the new ones. For example, complaints handling and quality monitoring functions are now done by the new Commission. This means there is a single body responsible for both quality assessment and complaints about aged care, rather than two separate ones. The Act also includes transitional rules to ensure a smooth handover, such as existing contracts and appointments continuing under the new body."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This legislation performs exactly the function described in its title and long title: consequential amendments and transitional provisions supporting the new Aged Care Quality and Safety Commission Act 2018. It does not expand beyond this housekeeping role."},"complexity_factors":["Multiple contingent commencement dates tied to other legislation (4 different triggers across sections and schedules)","Cross-references to 5 other Acts (Aged Care Act 1997, Aged Care (Transitional Provisions) Act 1997, Quality and Safety Commission Act 2018, Freedom of Information Act 1982, Archives Act 1983)","19 specific amendment items with precise paragraph/subsection targeting","8 defined terms in Schedule 2 for transitional purposes","Nested conditional logic in commencement provisions (e.g., 'the later of (a) or (b), however do not commence if event (b) does not occur')","Substitution of institutional references across multiple legislative schemes (CEO → Commissioner, Quality Agency → Commission, Complaints Commissioner → Commissioner)"],"plain_english_summary":"This legislation is the 'cleanup crew' that makes sure the switch from two separate aged care watchdogs to one new super-watchdog happens smoothly.\n\n**What it does:**\nIn 2019, Australia replaced two separate bodies—the Australian Aged Care Quality Agency (which checked if nursing homes met standards) and the Aged Care Complaints Commissioner (which handled gripes about aged care)—with a single new body called the **Aged Care Quality and Safety Commission**.\n\nThis Act doesn't create the new Commission (that's done by a separate Act). Instead, it:\n- **Abolishes the old bodies** by repealing their founding laws\n- **Updates other laws** that mentioned the old bodies, swapping in references to the new Commission\n- **Handles the handover**—making sure staff, records, legal cases, and ongoing investigations seamlessly transfer to the new Commission\n\n**Who it affects:**\n- Aged care providers (nursing homes, home care services)\n- Staff who worked for the old Quality Agency or Complaints Commissioner\n- Anyone with a complaint or investigation in progress when the switch happened\n- Government departments that shared information with the old bodies\n\n**Why it matters:**\nWithout this 'bridge' legislation, the merger would create legal chaos. Contracts would be void, court cases would stall, staff would lose their jobs mid-investigation, and sensitive records about vulnerable elderly Australians could fall into limbo. This Act ensures continuity—so if your mum's nursing home complaint was being investigated on December 31, 2018, it was still being investigated on January 1, 2019, just by someone with a different job title."}},"importantCases":[],"_links":{"self":"/api/acts/aged-care-quality-and-safety-commission-consequential-amendments-and-transitional-provisions-act-201","history":"/api/acts/aged-care-quality-and-safety-commission-consequential-amendments-and-transitional-provisions-act-201/history","analysis":"/api/acts/aged-care-quality-and-safety-commission-consequential-amendments-and-transitional-provisions-act-201/analysis","conflicts":"/api/acts/aged-care-quality-and-safety-commission-consequential-amendments-and-transitional-provisions-act-201/conflicts","importantCases":"/api/acts/aged-care-quality-and-safety-commission-consequential-amendments-and-transitional-provisions-act-201/important-cases","documents":"/api/acts/aged-care-quality-and-safety-commission-consequential-amendments-and-transitional-provisions-act-201/documents"}}