{"id":"C2023A00056","name":"Inspector-General of Aged Care (Consequential and Transitional Provisions) Act 2023","slug":"inspector-general-of-aged-care-consequential-and-transitional-provisions-act-2023","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"56 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436378,"registerId":"C2023A00056-fast-fetch-1775953594355","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Inspector-General of Aged Care (Consequential and Transitional Provisions) Act 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nInspector‑General of Aged Care (Consequential and Transitional Provisions) Act 2023\n\n \n\nNo. 56, 2023\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 Inspector‑General of Aged Care Act 2023, and for related purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedules\n\nSchedule 1—Consequential amendments\n\nAged Care Act 1997\n\nAged Care Quality and Safety Commission Act 2018\n\nNational Anti‑Corruption Commission Act 2022\n\nSchedule 2—Application, saving and transitional provisions\n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nInspector-General of Aged Care (Consequential and Transitional Provisions) Act 2023\n\nNo. 56, 2023\n\n \n\n \n\n \n\nAn Act to deal with consequential and transitional matters arising from the enactment of the Inspector‑General of Aged Care Act 2023, and for related purposes\n\n[Assented to 17 August 2023]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the Inspector‑General of Aged Care (Consequential and Transitional Provisions) Act 2023.\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. The whole of this Act At the same time as the Inspector‑General of Aged Care Act 2023 commences.However, the provisions do not commence at all if that Act does not commence. 16 October 2023\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—Consequential amendments\n\n \n\nAged Care Act 1997\n\n1  After paragraph 86‑3(1)(b)\n\nInsert:\n\n (baa) to the *Inspector‑General of Aged Care to assist in the performance of the functions, or the exercise of the powers, of the Inspector‑General of Aged Care under the Inspector‑General of Aged Care Act 2023 or instruments made under that Act; and\n\n2  Clause 1 of Schedule 1\n\nInsert:\n\nInspector‑General of Aged Care means the Inspector‑General of Aged Care referred to in section 9 of the Inspector‑General of Aged Care Act 2023.\n\nAged Care Quality and Safety Commission Act 2018\n\n3  Section 7\n\nInsert:\n\nInspector‑General of Aged Care means the Inspector‑General of Aged Care referred to in section 9 of the Inspector‑General of Aged Care Act 2023.\n\n4  After paragraph 61(1)(b)\n\nInsert:\n\n (ba) to the Inspector‑General of Aged Care to assist in the performance of the functions, or the exercise of the powers, of the Inspector‑General of Aged Care under the Inspector‑General of Aged Care Act 2023 or instruments made under that Act; or\n\nNational Anti‑Corruption Commission Act 2022\n\n5  Section 7\n\nInsert:\n\nInspector‑General of Aged Care means the Inspector‑General of Aged Care referred to in section 9 of the Inspector‑General of Aged Care Act 2023.\n\n6  After paragraph 15(p)\n\nInsert:\n\n (pa) the Inspector‑General of Aged Care;\n\nSchedule 2—Application, saving and transitional provisions\n\n \n\n1  Definitions\n\nIn this Schedule:\n\nIGAC Act means the Inspector‑General of Aged Care Act 2023.\n\nInspector‑General has the same meaning as in the IGAC Act.\n\ninterim Inspector‑General means an Inspector‑General of Aged Care appointed by the Secretary on an interim basis before the transition time.\n\ntransition time means the commencement of the IGAC Act.\n\n2  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 interim Inspector‑General;\n\n (b) an APS employee of the Department who, before that time, was assisting the interim Inspector‑General.\n\n(2) The records and documents are to be transferred to the Inspector‑General after the transition time.\n\nNote: The records and documents are Commonwealth records for the purposes of the Archives Act 1983.\n\n3  Review may relate to matters occurring before or after transition time\n\nThe Inspector‑General may conduct a review under section 17 of the IGAC Act for the purpose of performing a function referred to in paragraphs 10(1)(a) to (d) of that Act in relation to the performance of functions, duties or obligations, exercise of powers or rights, establishment of systems or implementation of recommendations referred to in those paragraphs before or after the transition time.\n\n4  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 IGAC 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 IGAC Act;\n\n (e) directly amend the text of this Act or the IGAC Act.\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 22 March 2023\n\nSenate on 10 May 2023]\n\n \n\n(33/23)\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose as a consequential and transitional companion to the Inspector-General of Aged Care Act 2023. It does not expand beyond dealing with necessary amendments to related statutes and transitional arrangements for the establishment of the new office."},"complexity_factors":["Very short statute (only 6 substantive items across 2 Schedules)","Minimal defined terms (only 4 definitions in Schedule 2)","Simple, linear structure with no nested conditions or exceptions","Straightforward cross-references to the main Inspector-General of Aged Care Act 2023","No substantive policy decisions — purely mechanical amendments and transitional machinery","Single layer of delegated legislative power (rules) with explicit prohibitions rather than complex conditions"],"plain_english_summary":"This legislation is a 'clean-up' law that makes necessary technical changes to other laws so that the new **Inspector-General of Aged Care** can do their job properly.\n\n**What it does:**\n- **Updates three existing laws** to recognise the new Inspector-General of Aged Care:\n  - The *Aged Care Act 1997* — allows information sharing with the Inspector-General\n  - The *Aged Care Quality and Safety Commission Act 2018* — same, plus adds a definition\n  - The *National Anti-Corruption Commission Act 2022* — adds the Inspector-General to the list of agencies that can receive certain information\n\n- **Handles the handover** from the temporary (interim) Inspector-General to the permanent one, including transferring all records and documents.\n\n- **Allows backward-looking reviews** — the Inspector-General can investigate things that happened before this law started, not just after.\n\n- **Gives the Minister power to make rules** for any other transitional issues that come up, with some limits (can't create crimes, taxes, or change the text of Acts directly).\n\n**Who it affects:**\n- Aged care providers and anyone dealing with aged care oversight\n- Government departments handling aged care complaints and quality issues\n- The Inspector-General of Aged Care office itself\n\n**Why it matters:**\nWithout this law, the new Inspector-General would exist but wouldn't be able to receive information from other agencies or access records from the interim period. It's the plumbing that makes the main Act work."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This Act changes the scope of existing legislation by inserting a cross‑statute definition of the Inspector‑General and by authorising disclosure/assistance to that office (Schedule 1, items 1–6). It also creates transitional mechanisms: transfer of records from interim arrangements to the permanent office (Schedule 2, item 2), retrospective review authority (Schedule 2, item 3) and ministerial rule‑making for transitional matters with specific limits (Schedule 2, item 4). The changes do not themselves create new criminal or enforcement powers but reallocate information access and review reach to the Inspector‑General."},"complexity_factors":["Consequential amendments across multiple Acts (Schedule 1, items 1–6) creating cross‑references to the Inspector‑General (references to Inspector‑General in the Aged Care Act 1997, Aged Care Quality and Safety Commission Act 2018 and National Anti‑Corruption Commission Act 2022).","Insertion of defined term 'Inspector‑General of Aged Care' that ties those Acts to section 9 of the IGAC Act (Schedule 1, items 2, 3, 5) — increases interdependence between statutes.","New information‑sharing/assistance permissions inserted into aged care statutes permitting disclosure to the Inspector‑General to assist performance of functions (Schedule 1, items 1 and 4) — changes data flows and compliance obligations for entities holding records.","Transitional transfer of records from an interim Inspector‑General and assisting APS employees to the permanent Inspector‑General (Schedule 2, item 2) and the explicit note that those are Commonwealth records (Archives Act interaction) — administrative and records‑management implications.","Power for the Inspector‑General to conduct reviews about matters occurring before or after transition (Schedule 2, item 3) — retrospective review scope that affects past conduct and systems.","Ministerial rule‑making power for transitional matters subject to enumerated prohibitions (Schedule 2, item 4(1)–(3)) — creates delegated law opportunities but constrains certain powers (no new offences, taxes, arrest/search powers, appropriation settings, or direct amendment of the Acts).","Defined ‘interim Inspector‑General’ and reliance on Secretary appointments (Schedule 2, item 1) introduce administrative discretion in the lead‑up to transition.","Simplicity of amendments (mostly definitional and transferal) reduces legal drafting complexity but requires careful coordination across agencies and statute books to implement."],"plain_english_summary":"This Act makes the technical and transitional changes needed to set up the Inspector‑General of Aged Care. It amends other Commonwealth laws to recognise the new office, permits transfer and sharing of records and information with the Inspector‑General, allows the Minister to make transitional rules (subject to limits), and preserves reviews that relate to activity before the new law starts. It mainly affects the Department, aged‑care regulators and providers, and oversight bodies by creating administrative and information‑sharing mechanisms to allow the Inspector‑General to operate."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/inspector-general-of-aged-care-consequential-and-transitional-provisions-act-2023","history":"/api/acts/inspector-general-of-aged-care-consequential-and-transitional-provisions-act-2023/history","analysis":"/api/acts/inspector-general-of-aged-care-consequential-and-transitional-provisions-act-2023/analysis","conflicts":"/api/acts/inspector-general-of-aged-care-consequential-and-transitional-provisions-act-2023/conflicts","importantCases":"/api/acts/inspector-general-of-aged-care-consequential-and-transitional-provisions-act-2023/important-cases","documents":"/api/acts/inspector-general-of-aged-care-consequential-and-transitional-provisions-act-2023/documents"}}