{"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 does not materially change who or what is regulated under the Aged Care Act; it reorganises institutional responsibility and legal references so that functions, records, appointments and proceedings previously associated with the Australian Aged Care Quality Agency and the Aged Care Complaints Commissioner are continued under the new Aged Care Quality and Safety Commission and its Commissioner. Mechanically, it repeals the prior Agency Acts (Schedule 1, Part 1: items 1–2), updates references and delegations (Schedule 1, Part 2: e.g. items 3, 19), and provides transitional continuity for instruments, appointments, records and legal proceedings (Schedule 2: items 2–9). The substantive scope of aged care regulation is preserved by carrying protected information and ongoing functions into the new Commission (Schedule 2: items 6–7), rather than expanding or narrowing regulatory coverage in the text of this Act."},"complexity_factors":["Multiple interlocking schedules that repeal, amend and insert provisions across several Acts (Schedule 1 Parts 1–3).","Numerous cross-references to external Acts and provisions (Aged Care Act 1997, Quality and Safety Commission Act 2018, Freedom of Information Act 1982).","Transitional provisions that carry forward appointments, contracts, records and legal proceedings with exceptions and rule‑based carve-outs (Schedule 2 items 2–9).","Contingent commencement rules tying these provisions to the start of other Acts (section 2 table), adding implementation dependency risk.","Delegation and sub‑delegation changes to administrative authority (Schedule 1 item 19), which alter decision‑making chains inside government.","A broad but constrained rule‑making power for the Minister with explicit prohibitions (Schedule 2 item 10), requiring careful drafting to avoid overreach.","Replacement and removal of specific Parts and definitions in the principal Act, requiring careful updating of statutory text and instruments (Schedule 1 items 11, 16, 21–22)."],"plain_english_summary":"What this law does, in plain English\n\n- Mechanically, this Act cleans up and carries across laws and arrangements when the new Aged Care Quality and Safety Commission (the Commission) is created. It repeals the old Australian Aged Care Quality Agency legislation and its transitional Act (Schedule 1, Part 1: items 1–2), updates references in the Aged Care Act 1997 so functions and names point to the new Commission and its Commissioner (Schedule 1, Part 2: e.g. items 3, 5, 6, 9, 12, 19), and provides a set of transitional rules for appointments, contracts, records, proceedings and protected information so those things continue to work after the switch-over (Schedule 2: items 2–9). The Act also contains contingent amendments that only start if related Acts commence (Schedule 1, Part 3: items 24–25; see commencement rules in section 2 table).\n\n- Who it affects\n  - Commonwealth agencies and officials who previously dealt with the Quality Agency or the Aged Care Complaints Commissioner: their legal powers, records and ongoing matters are transferred to the new Quality and Safety Commissioner (Schedule 2: items 2, 6, 9).  \n  - People who were Advisory Council members, consultants or authorised complaints officers immediately before the transition: their appointments and terms are carried over to the equivalent roles in the new Commission unless varied later (Schedule 2: items 3–5).  \n  - Private parties (providers, contractors, complainants) who interact with the old bodies: contracts, instruments and proceedings that referenced the old office-holders or Agency will operate as if they referenced the new Commission unless specific rules say otherwise (Schedule 2: items 8–9).\n\n- Why it matters (official rationale and practical effects)\n  - The Act’s stated purpose is to deal with consequential and transitional matters arising from enactment of the Aged Care Quality and Safety Commission Act 2018 (short title and Objects, and Schedule contents). That means its main function is legal continuity: replacing references, moving records, keeping appointments and proceedings running, and allowing the Minister to make limited rules to manage the change (Schedule 2: item 10).  \n  - Practical effects for behaviour and decision-making: after transition, actions that would previously have been done by the CEO of the Quality Agency or the Complaints Commissioner will be treated as done by the Quality and Safety Commissioner (Schedule 2: item 2). Organisations and individuals who previously communicated or contracted with the old Agency should deal with the new Commission instead (Schedule 2: item 8). The Secretary may delegate powers to the Quality and Safety Commissioner and the Commissioner may sub-delegate to Commission staff (Schedule 1: item 19, replacing subsection 96‑2(2) and adding sub‑section (2A)), shifting who decides operationally.\n\nTests of the official rationale against costs, incentives and implementation mechanics (source-based)\n\n- Direct financial appropriation: the Act itself does not appropriate money, and the rules the Minister can make are explicitly prevented from setting appropriation amounts (Schedule 2: item 10(3)(d)). That means any funding or costs for running the new Commission or transferring records must be provided under other appropriation processes, not by these transitional rules.  \n\n- Administrative and compliance costs: the Act requires transfer and re‑labelling of records, instruments and appointments (Schedule 2: items 2, 3, 4, 6, 8). That creates administrative work for the bodies involved (records transfer, re-issuing identity cards, updating contracts and instruments). The Act preserves existing terms for appointees and contractors initially (Schedule 2: items 3–4) to reduce immediate disruption, but allows terms to be varied after transition, which can lead to later administrative changes.  \n\n- Legal continuity and litigation risk: the Act substitutes the new Commissioner as party in pending lawsuits that involved the old CEO or Complaints Commissioner (Schedule 2: item 9). That mechanism reduces the risk of interruption to legal processes caused by the organisational change.  \n\n- Bureaucratic discretion and rule‑making: the Minister may make legislative instruments (rules) to prescribe matters required or convenient for carrying out this Act, including transitional matters (Schedule 2: item 10(1)–(2)). However, the rules are limited: they cannot create offences or civil penalties, provide powers of arrest/detention/entry/search/seizure, impose a tax, set appropriation amounts, or directly amend the Acts themselves (Schedule 2: item 10(3)). These constraints limit some centralising regulatory powers while still allowing tailored transitional arrangements and saving provisions (Schedule 2: item 10).  \n\n- Effects on private parties and contracts: existing instruments that referred to the old Agency or office‑holders are treated as if they refer to the new Commission unless the rules say otherwise (Schedule 2: item 8). That preserves parties’ contractual rights and duties without requiring immediate renegotiation, but it does require counterparties to recognise the new legal entity as the responsible body.  \n\n- Information protection and privacy handling: information previously treated as protected under the old Agency or Aged Care Act is taken to be protected information under the new Commission Act (Schedule 2: item 7). Records in government possession are to be transferred to the new Commissioner (Schedule 2: item 6), and those records are Commonwealth records for Archives Act purposes (Schedule 2: item 6 note). Handling and transferring those records will involve administrative processes and legal obligations.  \n\n- Contingent commencement risk: several provisions only commence if the related Commission Act or another reform Act commences (see section 2 commencement table and Schedule 1 Part 3). If those enabling Acts do not commence, the corresponding repeals and amendments do not take effect. That creates a dependency risk: parts of this Act may never operate unless the trigger Acts commence (section 2 table, columns for Schedule 1 and Schedule 2).\n\nWhere the law shifts costs and incentives (who pays and who decides)\n\n- Who pays: the Act itself does not set or appropriate funding; it forbids rules from setting appropriation amounts (Schedule 2: item 10(3)(d)). The Commonwealth will bear transitional administrative costs through ordinary appropriation and departmental processes, not via these rules.  \n\n- Who decides and exercises discretion: after transition, the Quality and Safety Commissioner becomes the legal recipient of powers, functions and responsibilities previously held by the CEO of the Quality Agency or the Complaints Commissioner (Schedule 2: item 2; Schedule 1 consequential amendments). The Secretary may delegate powers to the Commissioner and the Commissioner may sub-delegate to Commission staff (Schedule 1: item 19, replacing subsection 96‑2(2) and adding (2A)). The Minister may make rules for transitional matters subject to the listed prohibitions (Schedule 2: item 10).  \n\nSummary statement of change in mechanism before stated purpose\n\n- Mechanically, the Act replaces the earlier Quality Agency and related transitional Act with the new Aged Care Quality and Safety Commission framework, transfers legal relationships, records and appointments to the new Commission, and provides powers for transitional rules to ensure legal continuity (Schedules 1–2; section 2 commencement table).  \n\nOfficial purpose-claim (as stated in the Act): to deal with consequential and transitional matters arising from the enactment of the Aged Care Quality and Safety Commission Act 2018 (short title and Schedule headings). The Act’s mechanisms—repeals, reference changes, transfers, substitution in proceedings, and constrained rule-making—implement that purpose.\n\nKey source references (selection)\n- Repeal of previous Agency Acts: Schedule 1, Part 1 (items 1–2).\n- Replacement of references and consequential amendments to the Aged Care Act 1997: Schedule 1, Part 2 (items 3–23; see item 19 re delegation changes).\n- Contingent amendments and FOI update: Schedule 1, Part 3 (items 24–25).\n- Transitional arrangements (appointments, consultants, authorised complaints officers, records, protected information, instruments, proceedings): Schedule 2, items 2–9.\n- Rule‑making limits: Schedule 2, item 10 (subitems (1)–(4)).\n- Commencement contingencies: section 2 commencement table (items for Schedules 1 and 2).\n"},"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"}}