{"id":"nsw:sl-2019-0275","name":"Ageing and Disability Commissioner Regulation 2019","slug":"ageing-and-disability-commissioner-regulation-2019","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"275 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176479,"registerId":"nsw-nsw:sl-2019-0275-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Ageing and Disability Commissioner Regulation 2019](/view/html/inforce/current/sl-2019-0275).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 July 2019 and is required to be published on the NSW legislation website.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> > (1) In this Regulation—\n> > \n> > the Act means the [Ageing and Disability Commissioner Act 2019](/view/html/inforce/current/act-2019-007).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Delegation of Commissioner’s functions","content":"#### 4 Delegation of Commissioner’s functions\n\n4 Delegation of Commissioner’s functions\n\n> For the purposes of section 11 of the Act, persons employed by Catholic Healthcare Limited are prescribed.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Exchange of information","content":"#### 5 Exchange of information\n\n5 Exchange of information\n\n> For the purposes of paragraph (f) of the definition of relevant agency in section 14 (8) of the Act, the following are prescribed—\n> \n> > (a) the Aged Care Quality and Safety Commission established by the [Aged Care Quality and Safety Commission Act 2018](http://www.legislation.gov.au/) of the Commonwealth,\n> \n> > (b) the National Disability Insurance Scheme Launch Transition Agency established by the [National Disability Insurance Scheme Act 2013](http://www.legislation.gov.au/) of the Commonwealth,\n> \n> > (c) the NDIS Quality and Safeguards Commission established by the [National Disability Insurance Scheme Act 2013](http://www.legislation.gov.au/) of the Commonwealth,\n> \n> > (d) the chief executive officer of Services Australia of the Commonwealth, or a successor of that agency,\n> \n> > (e) the Secretary of the Department of Health of the Commonwealth, or a successor of that Department,\n> \n> > (f) the Workers Compensation Nominal Insurer established by the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070),\n> \n> > (g) the Lifetime Care and Support Authority of New South Wales constituted by the [Motor Accidents (Lifetime Care and Support) Act 2006](/view/html/inforce/current/act-2006-016),\n> \n> > (h) the Workers Compensation (Dust Diseases) Authority constituted by the [Workers’ Compensation (Dust Diseases) Act 1942](/view/html/inforce/current/act-1942-014),\n> \n> > (i) the NSW Self Insurance Corporation constituted by the [NSW Self Insurance Corporation Act 2004](/view/html/inforce/current/act-2004-106).\n> \n> **cl 5:** Am 2021 (627), Sch 1\\[1\\].","sortOrder":4},{"sectionNumber":"5A","sectionType":"section","heading":"Search warrants—relevant health practitioners","content":"#### 5A Search warrants—relevant health practitioners\n\n5A Search warrants—relevant health practitioners\n\n> For the purposes of the Act, section 17(6), definition of relevant health practitioner, the following classes of health practitioner are prescribed—\n> \n> > (a) registered nurse,\n> \n> > (b) speech pathologist.\n> \n> **cl 5A:** Ins 2021 (627), Sch 1\\[2\\].","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"NDIS service providers","content":"#### 6 NDIS service providers\n\n6 NDIS service providers\n\n> For the purposes of paragraph (e) of the definition of service provider in section 20 of the Act, a person or organisation that provides supports to a participant under the participant’s plan under the [National Disability Insurance Scheme Act 2013](http://www.legislation.gov.au/) of the Commonwealth, other than a person or organisation that provides residential care within the meaning of the [Aged Care Act 1997](http://www.legislation.gov.au/) of the Commonwealth, is prescribed.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Transitional provision—existing Official Community Visitors","content":"#### 7 Transitional provision—existing Official Community Visitors\n\n7 Transitional provision—existing Official Community Visitors\n\n> > (1) A person is taken to have been appointed as an Official Community Visitor under section 21 of the Act for the balance of the term for which the person was appointed under section 7 of the CS (CRM) Act if, immediately before 1 July 2019, the person—\n> > \n> > > (a) was an Official Community Visitor under the CS (CRM) Act, and\n> > \n> > > (b) exercised functions under section 8 of the CS (CRM) Act with respect to visitable services within the meaning of Part 4 of the [Ageing and Disability Commissioner Act 2019](/view/html/inforce/current/act-2019-007).\n> \n> > (2) An Official Community Visitor taken to have been appointed under section 21 of the Act may provide advice or information to the Commissioner under section 22 (1) (d) or (e) of the Act about existing matters.\n> \n> > (3) Nothing in this clause limits any function an Official Community Visitor may have under any other Act.\n> \n> > (4) In this clause—\n> > \n> > CS (CRM) Act means the [Community Services (Complaints, Reviews and Monitoring) Act 1993](/view/html/inforce/current/act-1993-002).\n> > \n> > existing matter means—\n> > \n> > > (a) conduct of premises at which a visitable service is provided that occurred before 1 July 2019, or\n> > \n> > > (b) matters affecting the welfare, interests and conditions of persons using visitable services that arose before 1 July 2019.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Transitional provision—existing matters under Community Services (Complaints, Reviews and Monitoring) Act 1993","content":"#### 8 Transitional provision—existing matters under Community Services (Complaints, Reviews and Monitoring) Act 1993\n\n8 Transitional provision—existing matters under [Community Services (Complaints, Reviews and Monitoring) Act 1993](/view/html/inforce/current/act-1993-002)\n\n> > (1) An existing matter, in so far as it relates to an allegation of abuse, neglect or exploitation of an older adult or adult with disability, is taken to be a report made to the Commissioner under section 13 of the Act.\n> \n> > (2) The Ombudsman is not required to continue to deal with an existing matter taken to be a report under this clause.\n> \n> > (3) In this clause—\n> > \n> > existing matter means an inquiry by the Ombudsman under section 11 (1) (e) of the [Community Services (Complaints, Reviews and Monitoring) Act 1993](/view/html/inforce/current/act-1993-002) that is not finally dealt with by 1 July 2019.","sortOrder":8}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication the regulation's scope changed from its original intent. The regulation was made in June 2019 and had one amendment version taking effect in October 2021, suggesting a modest update rather than a fundamental shift in purpose. The regulation appears to have remained a standard supporting instrument for the Commissioner's operational functions."},"complexity_factors":["The actual operative provisions of the regulation were not included in the provided text — only website metadata and status information was available, limiting substantive analysis","The regulation operates as subordinate legislation (rules made under a parent Act), requiring understanding of both documents together","The staged repeal mechanism under the Subordinate Legislation Act 1989 adds a layer of regulatory lifecycle complexity","The Commissioner's jurisdiction intersects with federal aged care and NDIS frameworks, which can create boundary complexity for affected parties","Low complexity overall because what was provided contains no technical legal provisions — it is essentially administrative scaffolding"],"plain_english_summary":"This regulation supplies the technical and administrative rules that let the NSW Ageing and Disability Commissioner operate — procedural details, forms, fees and definitions needed to handle complaints about abuse, neglect or exploitation of older people and adults with disability living in the community. It affects those individuals, their carers and service providers, and anyone lodging complaints. Note: it is set to automatically repeal on 1 September 2026 unless renewed."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation does not expand the substantive reach of the Act. It implements and clarifies operational matters—delegations, information‑sharing partners, practitioner classes for warrants, NDIS provider capture, and transitional arrangements—so as to define who exercises powers and how existing matters transfer into the new regime (see cls.3–8)."},"complexity_factors":["Multiple cross-references to other Commonwealth and State Acts and agencies (e.g. provisions prescribing the Aged Care Quality and Safety Commission, NDIS bodies) increasing legal interdependence (cl.5)","Specific delegation to employees of a named organisation (Catholic Healthcare Limited) concentrates decision authority and requires internal compliance (cl.4)","Prescriptions of classes of practitioners for search-warrant purposes and of which NDIS providers are captured create precise operational definitions (cl.5A, cl.6)","Transitional provisions carry over existing appointments and matters, requiring coordination between legacy schemes and the new regime (cls.7–8)","Reliance on the Act and Interpretation Act for definitions and effect means interpretation depends on multiple instruments, not this Regulation alone (cl.3)"],"plain_english_summary":"This Regulation supplies operational details for the Ageing and Disability Commissioner Act 2019. It names who the Commissioner may delegate to, lists agencies authorised to exchange information, prescribes certain health practitioners for search warrants, identifies which NDIS support providers fall within the Act, and sets transitional arrangements for existing Official Community Visitors and outstanding matters.\n\nThe Commissioner and prescribed delegatees make decisions under the Act; compliance and administrative burden fall on regulated providers and agencies required to share information, while prescriptions reduce ambiguity about who has authority."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation remains tightly focused on its original purpose: operationalising the Ageing and Disability Commissioner Act 2019 through specific delegations, information-sharing arrangements, and transitional measures. The 2021 amendment added health practitioners for search warrant purposes without expanding the underlying scope."},"complexity_factors":["Only 8 substantive clauses (plus name/commencement/definitions)","Minimal defined terms: only 'the Act', 'CS (CRM) Act', and 'existing matter' defined","Straightforward prescriptive provisions (listing specific agencies and professions)","Two simple transitional provisions handling handover from previous legislation","No nested conditions, exceptions, or complex cross-referencing beyond standard Act references","2021 amendment added one clause (5A) and modified clause 5, showing limited evolution"],"plain_english_summary":"This Regulation sets out operational details for the Ageing and Disability Commissioner Act 2019 (NSW). It does four main things:\n\n**1. Delegation of powers**\n- Allows the Ageing and Disability Commissioner to delegate functions to employees of Catholic Healthcare Limited (a major aged care provider).\n\n**2. Information sharing**\n- Lists specific government bodies the Commissioner can exchange information with, including:\n  - Federal aged care and NDIS regulators\n  - Services Australia and the federal Health Department\n  - NSW workers compensation and insurance bodies\n\n**3. Search warrant access**\n- Specifies that registered nurses and speech pathologists can accompany police when executing search warrants under the Act (added in 2021).\n\n**4. Smooth transition from old system**\n- Transfers existing Official Community Visitors and unresolved complaints from the old Community Services (Complaints, Reviews and Monitoring) Act 1993 to the new Commissioner system as of 1 July 2019.\n\n**Who it affects:** Older adults and people with disability in NSW, their carers, aged care and disability service providers, and various government agencies that must share information to protect vulnerable people."}},"importantCases":[],"_links":{"self":"/api/acts/ageing-and-disability-commissioner-regulation-2019","history":"/api/acts/ageing-and-disability-commissioner-regulation-2019/history","analysis":"/api/acts/ageing-and-disability-commissioner-regulation-2019/analysis","conflicts":"/api/acts/ageing-and-disability-commissioner-regulation-2019/conflicts","importantCases":"/api/acts/ageing-and-disability-commissioner-regulation-2019/important-cases","documents":"/api/acts/ageing-and-disability-commissioner-regulation-2019/documents"}}