Accreditation Grant Principles 2011

---

meta-content-style-type: text/css meta-content-type: application/xhtml+xml; charset=utf-8 title: Principles 2010

?xml version="1.0" encoding="utf-8" standalone="no"?>

View image in the official source

Accreditation Grant Principles 20111

Aged Care Act 1997

I, MARK BUTLER, Minister for Mental Health and Ageing, make these Principles under subsection 96-1 (1) of the Aged Care Act 1997.

Dated 14 May 2011

 

MARK BUTLER

Minister for Mental Health and Ageing

Contents

Part 1 Preliminary

 2.1 Name of Principles 

 2.2 Commencement 

 2.3 Revocation 

 2.4 Definitions 

 2.5  Commencing service 

 2.6 Decisions made by accreditation body 

Part 2 Applications for accreditation of commencing services and re-accreditation of accredited services

 2.7 Purpose of Part 2 

 2.8 Application of Part 2 

 2.9 Application for accreditation or re-accreditation 

 2.10 Valid application for accreditation or re-accreditation 

 2.11 Acceptance of valid application 

 2.12 Application fees 

 2.13 Indexation 

Part 3 Assessment and decision — accreditation of commencing services

 2.14 Purpose of Part 3 

 2.15 Application of Part 3 

 2.16 Accreditation decision 

 2.17 Decision to accredit 

Part 4 Assessment and decision — re-accreditation

Division 1  Purpose and application of Part 4

 2.18 Purpose of Part 4 

 2.19 Application of Part 4 

Division 2 Site audit

 2.20 Action on receipt of valid application 

 2.21 Notification of site audit 

 2.22 Approved provider must tell residents about site audit 

 2.23 Self-assessment information 

 2.24 Undertaking the site audit 

 2.25 Site audit meetings 

 2.26 Report of major findings 

 2.27 Information to be given to accreditation body 

Division 3 Decision on application for re-accreditation

 2.28 Re-accreditation decision 

 2.29 Decision to re-accredit 

 2.30 Decision not to re-accredit 

 2.31 Decision to revoke existing accreditation 

Part 5 Notification of decision on application for accreditation or re-accreditation

 2.32 Purpose of Part 5 

 2.33 Notification of decision to accredit or re-accredit 

 2.34 Notification of decision not to accredit or not to re-accredit 

 2.35 Notification of decision to revoke existing accreditation 

Part 6 Assessment teams

 2.36 Purpose of Part 6 

 2.37 Eligibility for appointment to an assessment team 

 2.38 Constitution of assessment team 

 2.39 Replacement of assessment team member 

 2.40 Objection to appointment of a site audit team member 

Part 7 Monitoring of accredited services

Division 1 Preliminary

 2.41 Purpose of Part 7 

Division 2 Compliance and continuous improvement

 2.42 Approved provider’s obligations of compliance and  continuous improvement             

 2.43 Approved provider must have a plan for continuous improvement 

 2.44 Making the plan available to accreditation body and assessment teams 

Division 3 Assessment contacts

 2.45 Assessment contacts 

 2.46 Variations to assessment contacts arrangements 

 2.47 Informing residents of an assessment contact 

 2.48 Action following assessment contact 

Division 4 Review audit

 2.49 When a review audit is to be conducted 

 2.50 Creation of assessment team 

 2.51 Informing residents of review audit 

 2.52 Carrying out review audit 

 2.53 Review audit meetings 

 2.54 Report of major findings 

 2.55 Information to be provided by assessment team 

Division 5 Decision following review audit

 2.56 Decision on receipt of review audit report 

 2.57 Decision to revoke 

 2.58 Decision not to revoke 

Division 6 Notification of decision following review audit

 2.59 Notification of decision to revoke accreditation 

 2.60 Notification of decision not to revoke accreditation and not to vary accreditation period             

 2.61 Notification of decision not to revoke accreditation and to vary accreditation period             

Part 8 Dealing with non-compliance

 2.62 Purpose of Part 8 

 2.63 Evidence of non‑compliance with Act 

 2.64 Failure to meet Accreditation Standards 

 2.65 Action if improvements not satisfactory 

Part 9 Reconsideration and review

 2.66 Purpose of Part 9 

 2.67 Decisions that may be reconsidered 

 2.68 Requests for reconsideration 

 2.69 Reconsideration decision 

 2.70 Reconsideration on accreditation body’s own initiative 

 2.71 Review by the Administrative Appeals Tribunal 

Part 10 Promoting quality care in residential care services

 2.72 Purpose of Part 10 

 2.73 Promoting and encouraging quality care 

 2.74 Fees for materials 

 2.75 Fees for seminars or conferences 

Part 11 Conditions on accreditation grant

 2.76 Purpose of Part 11 

 2.77 Accreditation grant conditions 

Part 12 Registration of quality assessors

 2.78 Purpose of Part 12 

 2.79 Appointment of registrar 

 2.80 Application for registration as a quality assessor 

 2.81 Decision on application for registration 

 2.82 Application for registration for a further period 

 2.83 Decision on application for further registration 

 2.84 Removal of person’s name from register — certain criminal convictions 

Part 13 Other matters

 2.85 Purpose of Part 13 

 2.86 Identifying information 

 2.87 Publication of decisions 

 2.88 Publication of reconsideration decisions 

 2.89 Publication of AAT decisions 

 2.90 Transitional 

 

 

Note:  Part 5.4 of the Aged Care Act 1997

Part 5.4 of the Aged Care Act 1997 is about making accreditation grants.

The Aged Care Standards and Accreditation Agency Ltd is the body corporate paid an accreditation grant under the accreditation grant agreement for the accreditation of residential care services in accordance with these Principles, and for other purposes set out in these Principles.  The functions of the Agency include:

 (a) managing the accreditation process using the Accreditation Standards; and

 (b) promoting high quality care, and helping industry to improve service quality, by identifying best practices and providing information, education and training to industry; and

 (c) assessing and strategically managing services working towards accreditation; and

 (d) liaising with the Secretary about approved providers that do not comply with the Accreditation Standards.

These Principles set out the procedures to be followed, and the matters to be taken into account, by the Agency for accreditation of residential care services, the Agency’s responsibilities for services that have received accreditation, and conditions to which the accreditation grant is subject.

Part 1 Preliminary

 

2.1 Name of Principles

  These Principles are the Accreditation Grant Principles 2011.

2.2 Commencement

  These Principles commence on 20 May 2011.

2.3 Revocation

  The Accreditation Grant Principles 1999 are revoked.

2.4 Definitions

  In these Principles:

accreditation grant agreement means an agreement under which an accreditation grant is payable.

Note   Accreditation grant agreements are authorised by subsection 80‑1 (1) of the Act.

Accreditation Standards means the Accreditation Standards in Schedule 2 of the Quality of Care Principles 1997.

accredited service means a residential care service:

 (a) that is accredited under these Principles or the Accreditation Grant Principles 1999; or

 (b) for which a determination under section 42‑5 of the Act is in force.             

Act means the Aged Care Act 1997.

assessment contact means any form of contact, other than a site audit or review audit, between the accreditation body and an approved provider for a residential care service, for 1 or more of the following purposes:

 (a) to assess the approved provider’s performance, in relation to the residential care service, against the Accreditation Standards;

 (b) to assist the approved provider’s process of continuous improvement in relation to the service;

 (c) to identify whether there is a need for a review audit of the service;

 (d) to give the approved provider additional information or education about the accreditation process and requirements.

assessment team means a team created under section 2.20 or 2.50.

commencing service has the meaning given in section 2.5.

permanent resident, of a country, means a person who is usually resident in the country and whose continued lawful presence in the country is not subject to a limitation as to time imposed by law.

plan for continuous improvement, for a residential care service, is a written plan that explains how the approved provider for the service will meet its obligations of continuous improvement in relation to the service:

 (a) under the Accreditation Standards; and

 (b) in relation to any areas identified by the accreditation body as areas in which improvements are needed to meet the Accreditation Standards.  

police certificate, for a person, means a report prepared by the Australian Federal Police or by the police force or police service of a State or Territory about the person’s criminal conviction record.

quality assessor means a person registered under section 2.81 or 2.83 as a quality assessor by the registrar.

re-accreditation, for an accredited service, means accreditation of the accredited service for a further period.

registrar means the person or body appointed as registrar under section 2.79.

representative, for a resident of an accredited service, means a person notified to the approved provider as representing the resident.

resident means a person who is receiving care from an accredited service.

residential care service includes a commencing service.

Note   The term commencing service is defined in section 2.5.

 review audit means an audit of an accredited service under Division 4 of Part 7, conducted at the premises of the service.

review audit report has the meaning given by subsection 2.55 (1).

self-assessment information means written information that demonstrates an approved provider’s performance, in relation to an accredited service, against the Accreditation Standards.

site audit means an audit of an accredited service under Division 2 of Part 4, conducted at the premises of the service.

site audit report has the meaning given by subsection 2.27 (1).

 

• Note: DefinitionsA number of expressions used in these principles are defined in the Aged Care Act 1997, including:
• accreditation body
• accreditation grant
• approved provider
• care
• key personnel - place
• protected information
• residential care
• residential care service
• Secretary

2.5  Commencing service

  For these Principles, a residential care service is a commencing service if:

 (a) an approved provider has been allocated places, under Division 14 of Part 2.2 of Chapter 2 of the Act, for the service; and

 (b) residential care has not previously been provided for those places at that service; and

 (c) the service is not an accredited service.

Note   A change in the approved provider to which places are allocated for a residential care service, or a change in the location of a service, does not make a residential care service a commencing service.

2.6 Decisions made by accreditation body

 (1) A decision made by either of the following persons is taken to be a decision by the accreditation body:

 (a) the chief executive officer of the accreditation body;

 (b) an employee of the accreditation body authorised by the chief executive officer to make the decision.

 (2) If these Principles require the accreditation body to be satisfied about a matter, it is sufficient if either of the following persons is satisfied about the matter:

 (a) the chief executive officer of the accreditation body;

 (b) an employee of the accreditation body authorised by the chief executive officer to deal with the matter.

Part 2 Applications for accreditation of commencing services and re‑accreditation of accredited services

 

2.7 Purpose of Part 2

  This Part sets out how an application is made for accreditation of a commencing service or re-accreditation of an accredited service.

2.8 Application of Part 2

  This Part applies to:

 (a) an approved provider for a commencing service seeking accreditation of the service; and

 (b) an approved provider for an accredited service seeking re‑accreditation.

2.9 Application for accreditation or re-accreditation

 (1) An approved provider for a commencing service may apply to the accreditation body for accreditation of the service.

 (2) An approved provider for an accredited service may apply to the accreditation body for re-accreditation of the service.

 (3) An application under subsection (1) or (2) must be in writing.

2.10 Valid application for accreditation or re-accreditation

 (1) An application made under section 2.9 for a commencing service or accredited service is a valid application if the application:

 (a) is made in the form decided by the accreditation body; and

 (b) is accompanied by the appropriate fee under section 2.12; and

 (c) includes an undertaking by the approved provider to undertake continuous improvement, measured against the Accreditation Standards, if the service is accredited or re-accredited.

 (2) The application may be accompanied by self-assessment information.

2.11 Acceptance of valid application

  The accreditation body must not accept an application made under section 2.9 unless it is a valid application.

2.12 Application fees 

  For paragraph 2.10 (1) (b), the fee payable for an application for a service mentioned in an item of the table is the fee mentioned for the item.

Note   The amounts payable for items 2 to 7 are subject to increase under section 2.13.

2.13 Indexation

 (1) In this section:

CPI number means the All Groups Consumer Price Index number (that is, the weighted average of the 8 Australian capital cities) published by the Australian Statistician.

earlier CPI number, for a financial year, means the CPI number for the last March quarter before the beginning of the financial year.

indexable amount, for a financial year, means:

 (a) an amount of dollars mentioned in section 2.12; or

 (b) if that amount has previously been increased under this section — the increased amount applying in the financial year.

latest CPI number, for a financial year, means the CPI number for the March quarter in the financial year.

 (2) If, for a financial year beginning on or after 1 July 2010, the latest CPI number is more than the earlier CPI number, each indexable amount is increased on 1 July of the next financial year.

Note   The first increase of each indexable amount is on 1 July 2011.

 (3) The increased amount is worked out in accordance with the following formula:

View image in the official source

 (4) If, apart from this subsection, an indexable amount increased under this section would be an amount of dollars and cents, the amount is to be rounded to the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded down.

 (5) If, at any time, whether before or after the commencement of these Principles, the Australian Statistician publishes a CPI number in substitution for a CPI number previously published, the publication of the later CPI number is to be disregarded for this section.

 (6) However, if, at any time, whether before or after the commencement of these Principles, the Australian Statistician changes the reference base for the Consumer Price Index, then, in applying this section after the change is made, regard is to be had only to numbers published in terms of the new reference base.

Part 3 Assessment and decision — accreditation of commencing services

 

2.14 Purpose of Part 3

  This Part sets out how a decision is to be made on an application for accreditation of a commencing service.

2.15 Application of Part 3

  This Part applies to a valid application made under section 2.9 for accreditation of a commencing service.               

2.16 Accreditation decision

 (1) Within 16 days after the accreditation body receives the application, the body must decide:

 (a) to accredit the commencing service; or

 (b) not to accredit the commencing service.

 (2) However, if the accreditation body and approved provider agree, the decision may be made by a later date agreed to by the accreditation body and approved provider.

 (3) In making the decision mentioned in subsection (1), the accreditation body:

 (a) must take into account:

 (i) the application; and

 (ii) any relevant information about the approved provider given by the Secretary to the accreditation body; and

 (iii) whether the accreditation body is satisfied that the approved provider for the service will undertake continuous improvement in relation to the service, measured against the Accreditation Standards, if the service is accredited; and

 (b) may take into account any other relevant matter.

 (4) The accreditation body must record its decision about the application and the reasons for the decision.

Note 1   Requirements for notifying the approved provider of the decision are set out in Part 5.

Note 2   The approved provider may request reconsideration of a decision not to accredit the service — see Part 9.

2.17 Decision to accredit

 (1) If the accreditation body decides to accredit the commencing service, the accreditation body must:

 (a) accredit the service for 12 months; and

 (b) decide whether there are any areas in which improvements must be made to meet the Accreditation Standards; and

 (c) decide the arrangements for assessment contacts.

 (2) The accreditation body must record its decision about the matters mentioned in subsection (1).

Part 4 Assessment and decision — re‑accreditation

Division 1  Purpose and application of Part 4

2.18 Purpose of Part 4

  This Part sets out how a decision is to be made on an application for re‑accreditation of an accredited service.

2.19 Application of Part 4

  This Part applies to a valid application made under section 2.9 by an approved provider for re-accreditation of an accredited service.

Division 2 Site audit

2.20 Action on receipt of valid application

  As soon as practicable after receiving the application, the accreditation body must:

 (a) create an assessment team in accordance with section 2.38 to undertake a site audit of the accredited service and prepare a site audit report; and

 (b) consult with the approved provider about when the assessment team will undertake the site audit.

2.21 Notification of site audit

  Within 28 days after receiving the application, the accreditation body must:

 (a) tell the approved provider:

 (i) the date or dates on which the site audit will be undertaken; and

 (ii) the full names of each member of the assessment team; and

 (iii) the form of words to be used to tell residents of the accredited service about the site audit; and

 (b) give the approved provider a poster to inform the residents about the site audit.

2.22 Approved provider must tell residents about site audit

 (1) The approved provider must take all reasonable steps to ensure each resident, or his or her representative, is aware:

 (a) that a site audit of the accredited service will be undertaken; and

 (b) of the date or dates on which the site audit will be undertaken; and

 (c) that the residents and representatives will have an opportunity to talk to members of the assessment team.             

 (2) For subsection (1), the reasonable steps must include, but are not limited to, the following:

 (a) giving information in writing to each resident, and the resident’s representative (if any), including the form of words given to the approved provider by the accreditation body under subparagraph 2.21 (a) (iii);

 (b) displaying copies of the poster given to the approved provider by the accreditation body under paragraph 2.21 (b) in a prominent place or places within the accredited service.

  (3) The approved provider must take the steps mentioned in subsection (1) not less than 21 days before the first day of the site audit.

 (4) However, if the accreditation body does not give the approved provider at least 21 days notice of the date of the site audit, the approved provider must take the steps mentioned in subsection (1) as soon as possible after being told of the date.

2.23 Self-assessment information

  The approved provider must, prior to or during the site audit, give self‑assessment information for the approved provider to the assessment team.

2.24 Undertaking site audit

 (1) The assessment team must undertake a site audit of the accredited service in accordance with any directions given to the team by the accreditation body.

 (2) In undertaking the audit, the team must:

 (a) act consistently with any provisions of the Accountability Principles 1998 applying to the audit; and

 (b) assess the quality of care and services provided at the service by the approved provider against the Accreditation Standards; and

 (c) consider any information given to the team about the quality of care and services provided at the service by the approved provider:

 (i) by a resident or former resident of the accredited service; or

 (ii) on behalf of a person mentioned in subparagraph (i), by the person’s representative; and

 (d) consider any relevant information about the approved provider given to the team by the Secretary; and

 (e) consider any information given to the team by the approved provider, including the self-assessment information given to the team under section 2.23.

2.25 Site audit meetings

 (1) The assessment team must meet the approved provider daily during the site audit to discuss the progress of the audit.

 (2) The team must also meet at least 10% of the residents of the accredited service, or the residents’ representatives, during the site audit to discuss the care and services they are receiving.

 (3) If a resident of the service, or a resident’s representative, asks to meet the team during the site audit, the approved provider must allow the team to meet the resident or representative privately.

2.26 Report of major findings

 (1) On the last day of the site audit the assessment team must give to the approved provider a written report of matters that the team considers are the major findings of the site audit.

 (2) The approved provider may, within 14 days after receiving the report, give the accreditation body a written response to the report.

2.27 Information to be given to accreditation body

 (1) The assessment team must give the following documents to the accreditation body within 14 days after the last day of the site audit:

. (a) a report about the audit (the site audit report); and

 (b) a copy of the report of major findings mentioned in subsection 2.26 (1).

 (2) The site audit report must include an assessment of the approved provider’s performance against the Accreditation Standards in relation to the accredited service.

 (3) The site audit report may also include any other matters the assessment team considers relevant.

Division 3 Decision on application for re-accreditation

2.28 Re-accreditation decision

 (1) Within 28 days after receiving the site audit report, the accreditation body must decide:

 (a) to re-accredit the accredited service; or

 (b) not to re-accredit the service.

 (2) However, if the accreditation body and approved provider agree, the decision may be made by a later date agreed to by the accreditation body and approved provider.

 (3) In making the decision, the accreditation body:

 (a) must take into account:

 (i) the site audit report; and

 (ii) any information given to the body by the approved provider in response to the report of major findings given to the approved provider under section 2.26; and

 (iii) any information given to the accreditation body by a resident or former resident of the accredited service, or by the representative of a resident or former resident of the service; and

 (iv) any relevant information about the approved provider given to the body by the Secretary; and

 (v) whether the body is satisfied that the approved provider will undertake continuous improvement of the service, measured against the Accreditation Standards, if the service is re‑accredited; and

 (b) may take into account any other relevant matter.

 (4) The body must record its decision about the application and the reasons for the decision.

Note 1   Requirements for notifying the approved provider of the decision are set out in Part 5.

Note 2   The accredited provider may request reconsideration of a decision not to re‑accredit the service — see Part 9.

2.29 Decision to re-accredit

 (1) If the accreditation body decides to re-accredit the accredited service, the accreditation body must decide:

 (a) the further period for which the service is to be accredited; and

 (b) whether there are any areas in which improvements must be made to meet the Accreditation Standards in relation to the service; and

 (c) the arrangements for assessment contacts.

 (2) The accreditation body must record its decision about the matters mentioned in subsection (1).

Note   The approved provider may request reconsideration of the further period of accreditation — see Part 9.

2.30 Decision not to re-accredit

 (1) If the accreditation body decides not to re-accredit the accredited service, the accreditation body must decide:

 (a) whether there are any areas in which improvements would be necessary to meet the Accreditation Standards; and

 (b) the arrangements for assessment contacts.

 (2) The accreditation body must record its decision about the matters mentioned in subsection (1).

2.31 Decision to revoke existing accreditation

 (1) If the accreditation body decides under section 2.28 not to re-accredit an accredited service, the body may also revoke the service’s existing accreditation.

 (2) If the accreditation body decides to revoke the existing accreditation, the body must decide the date on which the revocation takes effect.

Note 1   Section 2.35 sets out the requirements for notifying the approved provider of the revocation decision.

Note 2   The approved provider may request reconsideration of the revocation decision — see Part 9.

Part 5 Notification of decision on application for accreditation or re-accreditation             

 

2.32 Purpose of Part 5

  This Part sets out how the accreditation body must notify the approved provider, and the Secretary, of the body’s decision on an application for:

 (a) accreditation of a commencing service; or

 (b) re-accreditation of an accredited service.

2.33 Notification of decision to accredit or re-accredit

 (1) This section applies if the accreditation body decides:

 (a) to accredit a commencing service under paragraph 2.16 (1) (a); or

 (b) to re-accredit an accredited service under paragraph 2.28 (1) (a).

 (2) The body must tell the approved provider for the service, in writing, about:

 (a) the decision; and

 (b) the reasons for the decision; and

 (c) the period of accreditation or further accreditation; and

 (d) for a decision to re-accredit an accredited service — how the approved provider may apply for reconsideration of the further period of accreditation; and

 (e) any areas in which improvements must be made to meet the Accreditation Standards, and the timetable for making the improvements; and

 (f) the arrangements for assessment contacts; and

 (g) the circumstances in which a review audit may be undertaken; and

 (h) how the approved provider may apply for further accreditation of the service.

 (3) The body must give to the approved provider a certificate of accreditation for the service stating the period of accreditation or further period of accreditation.

 (4) If a site audit was conducted, the body must give to the approved provider a copy of the site audit report.

Note   Part 13 prohibits the disclosure of certain information to the approved provider.

 (5) The body must tell the Secretary, in writing, about:

 (a) the decision; and

 (b) the reasons for the decision; and

 (c) the period of accreditation or further accreditation.

 (6) The accreditation body must comply with subsections (2), (4) and (5) within 14 days after the body decides to accredit the service or re-accredit the service.

2.34 Notification of decision not to accredit or not to re-accredit

 (1) This section applies if the accreditation body decides:

 (a) not to accredit a commencing service under paragraph 2.16 (1) (b); or

 (b) not to re-accredit an accredited service paragraph 2.28 (1) (b).

 (2) The body must tell the approved provider for the service, in writing, about:

 (a) the decision; and

 (b) the reasons for the decision; and

 (c) any areas in which improvements would be necessary to meet the Accreditation Standards; and             

 (d) if the service is an accredited service — the arrangements for assessment contacts; and

 (e) how the approved provider may apply for reconsideration of the decision not to accredit the service or not to re-accredit the service.

 (3) The body must give to the approved provider a copy of any information received by the body from the Secretary that was taken into account by the body in deciding not to accredit or not to re-accredit the service.

 (4) If a site audit was conducted, the body must give to the approved provider a copy of the site audit report.

Note   Part 13 prohibits the disclosure of certain information to the approved provider.

 (5) The body must tell the Secretary, in writing, about:

 (a) the decision; and

 (b) the reasons for the decision.

 (6) The accreditation body must comply with this section within 14 days after the body decides not to accredit the service or not to re-accredit the service.

2.35 Notification of decision to revoke existing accreditation

 (1) This section applies if the accreditation body decides under subsection 2.31(1) to revoke an accredited service’s existing accreditation.

 (2) The body must tell the approved provider for the service, in writing, about:

 (a) the decision; and

 (b) the reasons for the decision; and

 (c) the date the revocation takes effect; and

 (d) any areas in which improvements would be necessary to meet the Accreditation Standards in relation to the service; and

 (e) the arrangements for assessment contacts; and

 (f) how the approved provider may apply for reconsideration of the decision to revoke the existing accreditation.

 (3) The body must tell the Secretary, in writing, about:

 (a) the decision; and

 (b) the reasons for the decision; and

 (c) the date the revocation takes effect.

 (4) The accreditation body must comply with this section within 14 days after the body decides to revoke the existing accreditation.

Part 6 Assessment teams

 

2.36 Purpose of Part 6

  This Part sets out:

 (a) how assessment teams for site audits and review audits are constituted; and

 (b) the process for:

 (i) objecting to the appointment of a person to a team; and

 (ii) appointing replacement members to an assessment team.

2.37 Eligibility for appointment to assessment team

 (1) The accreditation body may appoint a person to an assessment team only if the person:

 (a) is a registered quality assessor; and

 (b) will be available to complete the audit to be undertaken by the team.

Note   Registration of quality assessors is dealt with in Part 12.

 (2) The accreditation body must not appoint a person to an assessment team for a site audit or review audit of a residential care service (the audited service) if:

 (a) in the 3 years before the assessment team is created, the person:

 (i) was employed by the approved provider; or 

 (iii) provided services to the approved provider; or

 (b) the person has a pecuniary or other interest that could conflict with a proper audit of the audited service.             

2.38 Constitution of assessment team

 (1) If the accreditation body is required under section 2.20 to create an assessment team to conduct a site audit, the body must appoint 1 or more persons to form an assessment team to conduct the audit.

Example

The accreditation body may decide to create a team consisting of only 1 member if the service is a small service.

 (2) If the accreditation body is required under section 2.50 to create an assessment team to conduct a review audit, the body must appoint 2 or more persons to form an assessment team to conduct the audit.

2.39 Replacement of assessment team member

 (1) If a member of an assessment team becomes unavailable during the audit, the accreditation body may replace the member by appointing another person to the assessment team.

Note   The person must be eligible to be appointed to the team under section 2.37.

 (2) However, if the team was created for a review audit, and only 2 persons were appointed to the team, the body must appoint another person to the assessment team.

Note   This is to ensure that a review audit assessment team always has at least 2 members.

 (3) If the accreditation body appoints a replacement member under subsection (1) or (2), the body must tell the approved provider for the service to be audited the full name of the replacement member as soon as possible after the appointment.             

2.40 Objection to appointment of site audit team member

 (1) This section applies to an assessment team created for a site audit.

 (2) The approved provider for the service to be audited may object to the appointment of a person under section 2.38 to the assessment team if the approved provider considers that the person is not eligible for appointment under section 2.37.

Note   The approved provider cannot object to a replacement team member appointed under subsection (5) or section 2.39.

 (3) The approved provider must make the objection, in writing, to the accreditation body within 14 days after the approved provider is told the full name of the assessment team member under subparagraph 2.21 (a) (ii).

 (4) If an approved provider makes an objection in accordance with subsection (3), the accreditation body must decide:

 (a) to accept the objection and remove the person from the team; or

 (b) to reject the objection.

 (5) The accreditation body may appoint another person to the team to replace a person removed from the team following an objection.

Note   The person must be eligible to be appointed to the team under section 2.37.

 (6) The accreditation body must tell the approved provider, in writing, about its decision, within 7 days after receiving the objection.

Note   The person making the objection may seek reconsideration of a decision to reject the objection — see Part 9.

 

Part 7 Monitoring of accredited services

Division 1 Preliminary

2.41 Purpose of Part 7

  This Part sets out the responsibilities, following accreditation of a residential care service, of:

 (a) the accreditation body; and

 (b)  the approved provider for the service.

Division 2 Compliance and continuous improvement

2.42 Approved provider’s obligations of compliance and continuous improvement

  An approved provider for an accredited service must:

 (a) comply with the Accreditation Standards and the approved provider’s other responsibilities under the Act; and

 (b) undertake a process of continuous improvement for the service, measured against the Accreditation Standards.

2.43 Approved provider must have a plan for continuous improvement

  An approved provider for an accredited service must have a plan for continuous improvement of the service.             

Note 1   The term plan for continuous improvement is defined in section 2.4.

Note 2   The approved provider must revise the plan for continuous improvement if the accreditation body finds that the approved provider has failed to meet the Accreditation Standards — see section 2.64.

2.44 Making the plan available to accreditation body and assessment teams

 (1) If the accreditation body requests a copy of the plan for continuous improvement for a residential care service, the approved provider for the service must make a copy of the plan available to the body.

 (2) If an assessment team, conducting a site audit or review audit of an accredited service, requests a copy of the plan for continuous improvement for the service, the approved provider for the service must make a copy of the plan available to the assessment team.

Division 3 Assessment contacts

2.45 Assessment contacts

 (1) The accreditation body must undertake assessment contacts with an approved provider for an accredited service.

Note   The term assessment contact is defined in section 2.4.

 (2) The accreditation body is not required to give notice to the approved provider before an assessment contact takes place.

2.46 Variations to assessment contacts arrangements

 (1) The accreditation body may vary the arrangements for:

 (a) assessment contacts with an approved provider, notified to the approved provider under these Principles; or

 (b) support contacts with an approved provider, notified to the approved provider under the Accreditation Grant Principles 1999.

Note   Sections 2.17, 2.29 and 2.30 require the accreditation body to decide the arrangements for assessment contacts when deciding whether to accredit or re-accredit a residential care service.

 (2) If the body varies the arrangements, the body must tell the approved provider, in writing, about the new arrangements.

2.47 Informing residents of assessment contact

 (1) This section applies to an assessment contact in the form of a visit by the accreditation body to the premises of an accredited service.

 (2) The accreditation body must give to the approved provider for the accredited service a poster to inform the residents of the service about the assessment contact.

 (3) The approved provider must, as soon as practicable, display the poster in a prominent place or places within the service.

2.48 Action following assessment contact

  Within 21 days after an assessment contact with an approved provider, the accreditation body must tell the approved provider, in writing, about:

 (a) the arrangements for future assessment contacts; and

 (b) any areas in which improvements must be made to meet the Accreditation Standards, and the timetable for making the improvements.

Division 4 Review audit

2.49 When a review audit is to be conducted

 (1) The accreditation body may decide to arrange a review audit of an accredited service if:

 (a) the body considers, on reasonable grounds, that the approved provider for the service may not be meeting the Accreditation Standards or the approved provider’s other responsibilities under the Act in relation to the service; or

 (b) there has been a change that the approved provider must tell the Secretary about under section 9‑1 of the Act; or

Note   Section 9-1 of the Act requires an approved provider to tell the Secretary about a change in circumstances that affects the approved provider’s suitability to provide aged care, and about a change to the approved provider’s key personnel.

 (c) there has been a transfer of allocated places in relation to the service under section 16‑1 of the Act; or

 (d) the premises at which the service is conducted have changed since the service was accredited; or

 (e) the approved provider for the service has not complied with the arrangements made for:

 (i) assessment contacts; or

 (ii) support contacts under the Accreditation Grant Principles 1999; or

 (f) the approved provider for the service has requested reconsideration of a decision mentioned in item 2, 3, 5 or 6 of the table to section 2.67

 (2) The accreditation body must arrange a review audit of an accredited service if the Secretary requests that a review audit be conducted in relation to the service.

2.50 Creation of assessment team

 (1) This section applies if the accreditation body:

 (a) decides, under subsection 2.49 (1), to arrange a review audit; or

 (b) is required, under subsection 2.49 (2), to arrange a review audit.

 (2) The accreditation body must create an assessment team, in accordance with section 2.38, to undertake the review audit and prepare a review audit report.

2.51 Informing residents of review audit

 (1) The accreditation body or the assessment team must give to the approved provider a poster to inform the residents of the service about the review audit.

 (2) The approved provider must, as soon as practicable, display the poster in a prominent place or places within the service.

2.52 Carrying out review audit

 (1) The assessment team must undertake a review audit of the accredited service in accordance with any directions given to the team by the accreditation body.             

 (2) In undertaking the audit, the team must:

 (a) act consistently with any provisions of the Accountability Principles 1998 applying to the audit; and

 (b) assess the quality of care and services provided at the service by the approved provider against the Accreditation Standards; and

 (c) visit the premises of the service; and

 (d) consider any information given to the team about the quality of care, or services provided, at the service by the approved provider:

 (i) by a resident or former resident of the service; or

 (ii) on behalf of a person mentioned in subparagraph (i), by the person’s representative; and

 (e) consider any relevant information about the approved provider given to the team by the Secretary; and

 (f) consider any information given to the team by the approved provider.

Note   The assessment team must not disclose certain information to the approved provider — see Part 13.

2.53 Review audit meetings

 (1) The assessment team must meet the approved provider daily during the review audit to discuss the progress of the audit.             

 (2) The team must also meet at least 10% of the residents of the accredited service, or the residents’ representatives, during the review audit to discuss the care and services they are receiving.

 (3) If a resident of the service, or a resident’s representative, asks to meet the team during the review audit, the approved provider must allow the team to meet the resident or representative privately.

2.54 Report of major findings

 (1) On the last day of the review audit the assessment team must give to the approved provider a written report of matters that the team considers are the major findings of the review audit.

 (2) The approved provider may, within 7 days after receiving the report, give the accreditation body a written response to the report.             

2.55 Information to be provided by assessment team

 (1) Within 7 days after the review audit is completed, the assessment team must:

 (a) give to the accreditation body:

 (i) a written report about the review audit (the review audit report); and

 (ii) a copy of the report of major findings mentioned in subsection 2.54 (1); and

 (b) give a copy of the review audit report to the approved provider for the accredited service to which the report relates.

 (2) The review audit report must include an assessment of the approved provider’s performance against the Accreditation Standards in relation to the service.

 (3) The review audit report may also include any other matters the assessment team considers relevant.

Note   The assessment body must not disclose certain information to the approved provider — see Part 13.

Division 5 Decision following review audit

2.56 Decision on receipt of review audit report

 (1) Within 14 days after receiving a review audit report about an accredited service, the accreditation body must:

 (a) decide whether:

 (i) to revoke the accreditation of the service and fix the date the revocation takes effect; or

 (ii) not to revoke the accreditation of the service; and

 (b) if the body decides not to revoke the service’s accreditation — decide whether to vary the period for which the service is accredited by fixing the date the accreditation will cease.

 (2) In making the decisions mentioned in subsection (1), the accreditation body:

 (a) must take into account:

 (i) the review audit report; and

 (ii) the response, if any, given to the body by the approved provider under subsection 2.54 (2); and             

 (iii) any information given to the body by a resident or former resident of the accredited service, or by the representative of a resident or former resident; and             

 (iv) any relevant information about the provider given to the body by the Secretary; and

 (v) whether the body is satisfied that the approved provider will undertake continuous improvement of the service, measured against the Accreditation Standards, if the service’s accreditation is not revoked; and

 (b) may take into account any other relevant matter.

 (3) The body must record its decision and the reasons for the decision.

Note   The approved provider for the service may request reconsideration of a decision to revoke accreditation or vary the accreditation period — see Part 9.

2.57 Decision to revoke

 (1) If the accreditation body decides under subparagraph 2.56 (1) (a) (i) to revoke the accreditation of an accredited service, the accreditation body must decide:

 (a) whether there are any areas in which improvements would be necessary to meet the Accreditation Standards; and

 (b)  the arrangements for assessment contacts.

 (2) The accreditation body must record its decision about the matters mentioned in subsection (1).

2.58 Decision not to revoke

 (1) If the accreditation body decides under subparagraph 2.56 (1) (a) (ii) not to revoke the accreditation of an accredited service, the accreditation body must decide:

 (a) whether there are any areas in which improvements must be made to meet the Accreditation Standards and the timetable for making the improvements; and

 (b) the arrangements for assessment contacts.

 (2) The accreditation body must record its decision about the matters mentioned in subsection (1).

 (3) Subsection (1) applies whether or not the accreditation body decides to vary the accreditation period of the service under paragraph 2.56 (1) (b).

Division 6 Notification of decision following review audit

2.59 Notification of decision to revoke accreditation

 (1) This section applies if the accreditation body decides to revoke the accreditation of a residential care service under subparagraph 2.56 (1) (a) (i).

 (2) The body must tell the approved provider for the service, in writing, about:

 (a) the decision; and

 (b) the reasons for the decision; and

 (c) the date on which the revocation takes effect; and 

 (d) the areas in which improvements would be necessary to meet the Accreditation Standards; and               

 (e) the arrangements for assessment contacts; and

 (f) how the approved provider may apply for reconsideration of the decision to revoke the accreditation.             

 (3) The body must tell the Secretary, in writing, about:

 (a) the decision; and

 (b) the reasons for the decision; and

 (c) the date on which the revocation takes effect.

 (4) The body must comply with this section within 14 days after the body receives the review audit report.               

2.60 Notification of decision not to revoke accreditation and not to vary accreditation period

 (1) This section applies if the accreditation body decides under subsection 2.56 (1):

 (a) not to revoke the accreditation of an accredited service; and

 (b) not to vary the period of accreditation of the service.

 (2) The body must tell the approved provider for the service, in writing, about:

 (a) the decision; and

 (b) the reasons for the decision; and

 (c) any areas in which improvements must be made to meet the Accreditation Standards, and the timetable for making the improvements; and             

 (d) the arrangements for assessment contacts.

 (3) The body must tell the Secretary, in writing, about:

 (a) the decision; and

 (b) the reasons for the decision.

 (4) The body must comply with this section within 14 days after receiving the review audit report.

2.61 Notification of decision not to revoke accreditation and to vary accreditation period

 (1) This section applies if the accreditation body decides under subsection 2.56 (1):

 (a) not to revoke the accreditation of an accredited service; and

 (b) to vary the accreditation period for the service.

 (2) The body must tell the approved provider for the service, in writing, about:

 (a) the decision; and

 (b) the reasons for the decision; and

 (c) the date the service’s accreditation period will cease; and

 (d) the areas in which improvements must be made to meet the Accreditation Standards, and the timetable for making the improvements; and                           

 (e) the arrangements for assessment contacts; and

 (f) how the accredited provider may apply for reconsideration of the decision to vary the accreditation period.

 (3) The body must give the approved provider a new certificate of accreditation for the service stating the new period of accreditation.

 (4) The body must tell the Secretary, in writing, about:

 (a) the decision; and

 (b) the reasons for the decision; and

 (c) the date the service’s accreditation period will cease.

 (5) The body must comply with subsections (2) and (4) within 14 days after the body receives the review audit report.

Part 8 Dealing with non-compliance

 

2.62 Purpose of Part 8

  This Part sets out how the accreditation body is to deal with non-compliance by an approved provider with the approved provider’s responsibilities under the Act and the Accreditation Standards.

2.63 Evidence of non‑compliance with Act

 (1) This section applies if the accreditation body becomes aware of evidence of a failure by an approved provider to comply with 1 or more of the approved provider’s responsibilities under Part 4.1, 4.2 or 4.3 of the Act.

 (2) As soon as the accreditation body becomes aware of the evidence, the body must notify the Secretary, in writing, about the evidence.

2.64 Failure to meet Accreditation Standards

 (1) This section applies if the accreditation body finds that an approved provider for a residential care service has failed to meet the Accreditation Standards in relation to the service.

 (2) As soon as practicable after finding the failure, the accreditation body must:

 (a) decide whether the failure has placed, or may place, the safety, health or wellbeing of a resident of the service at serious risk; and

 (b) if the body decides that the failure has placed, or may place, the safety, health or wellbeing of a resident of the service at serious risk  — give to the Secretary and the approved provider, in writing:

 (i) specific information about the reason for the risk; and

 (ii) evidence of the risk; and

 (iii) a statement of any other standard in the Accreditation Standards that the approved provider may have failed to meet.

 (3) The accreditation body must also give the approved provider a written notice:

 (a) about the failure to meet the Accreditation Standards; and

 (b) directing the approved provider to revise the approved provider’s plan for continuous improvement to demonstrate how the approved provider will meet the Accreditation Standards.

 (4) The approved provider must revise its plan for continuous improvement in accordance with paragraph (3) (b) within 14 days after receiving the notice mentioned in subsection (3).

 

 

 (5) If the accreditation body requests a copy of the revised plan of continuous improvement, the approved provider must make a copy of the revised plan available to the accreditation body.

2.65 Action if improvements not satisfactory

 (1) This section applies if:

 (a) the accredited body has given an approved provider a timetable for improvements under:

 (i) section 2.33, 2.48, 2.58, 2.60 or 2.61; or

 (ii) the Accreditation Grant Principles 1999; and

 (b) at the end of the time set out in the timetable for making improvements, the accreditation body is not satisfied that the level of care and services provided by the approved provider at the residential care service meets the Accreditation Standards.

 (2) The accreditation body must give the Secretary and the approved provider, in writing:

 (a) the reasons why the body is not satisfied that the level of care and services provided by the approved provider at the residential care service meets the Accreditation Standards; and

 (b) details of the evidence the body relies on to support its finding; and

 (c) a copy of any other relevant information.

Part 9 Reconsideration and review

2.66 Purpose of Part 9

  This Part provides for reconsideration and review of certain decisions made under these Principles.

2.67 Decisions that may be reconsidered

  A person mentioned in an item in the following table may ask the accreditation body to reconsider a decision mentioned for the item.

 

2.68 Requests for reconsideration

  A request for reconsideration made under section 2.67 must:

 (a) be in writing; and

 (b) include a statement of the grounds on which reconsideration is sought; and

 (c) be given to the accreditation body within 14 days after the person making the request is notified of the decision.

2.69 Reconsideration decision

 (1)  If a request for reconsideration of a decision is made in accordance with section 2.68, the accreditation body must:

 (a) reconsider the decision; and

 (b) do one of the following:

 (i) confirm the decision;

 (ii) vary the decision;

 (iii) set the decision aside and substitute a new decision.

 (2) The accreditation body must tell the Secretary and the person requesting reconsideration, in writing, of the body’s decision under subsection (1):

 (a) for reconsideration of a decision mentioned in item 1, 2 or 5 of the table to section 2.67 — within 56 days after the body receives the request for reconsideration; and

 (b) for reconsideration of a decision mentioned in item 3, 4, 6 or 7 of the table to section 2.67 — within 14 days after the body receives the request for reconsideration.

Note   Section 27A of the Administrative Appeals Tribunal Act 1975 requires the accreditation body to give written notice to the person seeking reconsideration of the person’s right to seek review by the Administrative Appeals Tribunal.

 (3) If the body decides, on reconsideration, to accredit a commencing service, or re-accredit an accredited service, the body must give the approved provider for the service a certificate setting out the accreditation period.

 (4) If the body decides, on reconsideration, to vary the period of accreditation for an accredited service, the body must give the approved provider for the service a replacement certificate setting out the new accreditation period.

2.70 Reconsideration on accreditation body’s own initiative

 (1) The accreditation body may reconsider a decision mentioned in the table to section 2.67 if the body decides it is appropriate to do so.

Note   The body may do so even if there has not been a request for reconsideration of the decision under section 2.67.

 (2) If the body decides under subsection (1) to reconsider a decision, the body must give written notice of the reconsideration to the person mentioned in the table to section 2.67 of the decision.

 (3) The body must, on reconsideration of the decision:

 (a) confirm the decision; or

 (b) vary the decision; or

 (c) set the decision aside and substitute a new decision.

 (4) The accreditation body must give written notification of its decision under subsection (3) to:

 (a) the Secretary; and

 (b) the person mentioned in subsection (2).

Note   Section 27A of the Administrative Appeals Tribunal Act 1975 requires the accreditation body to give written notice to the person of the person’s right to seek review by the Administrative Appeals Tribunal.

 (5) The body must give the written notification to the Secretary and the person:

 (a) for reconsideration of a decision mentioned in item 1, 2 or 5 of the table to section 2.67 — within 56 days after the body commences its reconsideration; and

 (b) for reconsideration of a decision mentioned in item 3, 4, 6 or 7 of the table to section 2.67 — within 14 days after the body commences its reconsideration.

 (6) If the body decides, on reconsideration, to accredit a commencing service, or re-accredit an accredited service, the body must give the approved provider for the service a certificate setting out the accreditation period.

  (7) If the body decides, on reconsideration, to vary the period of accreditation for an accredited service, the body must give to the approved provider for the service a replacement certificate setting out the new accreditation period.

2.71 Review by Administrative Appeals Tribunal

  A person may apply to the Administrative Appeals Tribunal for review of a decision of the accreditation body under subsection 2.69 (1) or 2.70 (3).

Part 10 Promoting quality care in residential care services

 

2.72 Purpose of Part 10

  This Part sets out the accreditation body’s responsibilities for promoting quality care in residential care services, and provides for charging by the body for related services.

2.73 Promoting and encouraging quality care

 (1) The accreditation body must promote and encourage quality care in residential care services.

 (2) As part of that function, the accreditation body may:

 (a) provide information, education, training and support for approved providers; and

 (b) identify and encourage best practice for approved providers.

2.74 Fees for materials

 (1) If the accreditation body provides a service for this Part, it may charge fees relating to the cost of providing manuals, documents and other items it supplies.

 (2) The fee the body may charge for each manual or document is the lesser of:

 (a) the cost of obtaining and supplying the manual or document; and

 (b) $75.

 (3) The fee for any other item is the lesser of:

 (a) the cost of obtaining and supplying the item; and

 (b) $55.

2.75 Fees for seminars or conferences

 (1) If the accreditation body provides a service for this Part, it may charge fees relating to the cost of arranging or presenting seminars or conferences.

 (2) The fee the body may charge is the lesser of:

 (a) the cost of arranging and presenting the seminar or conference, less any cost that is covered by a fee charged under section 2.74; and

 (b) $400 per day for a person attending the seminar or conference.

 (3) Subsection (2) does not require the accreditation body to charge a fee, or the same fee, for every person attending a seminar or conference.

 (4) Subsection (1) does not prevent the accreditation body from charging a fee under section 2.74 for providing manuals, documents and other items in the course of the seminar or conference.

Part 11 Conditions on accreditation grant

 

2.76 Purpose of Part 11

  This Part provides for conditions on accreditation grants.

2.77 Accreditation grant conditions

  For paragraph 80-2 (1) (a) of the Act, an accreditation grant is subject to the following conditions:

 (a) if the Minister asks the accreditation body for information about an aspect of the body’s operations, the body must give that information to the Minister;

 (b) if the Secretary asks the accreditation body for protected information, the accreditation body must give the information to the Secretary.

Note   For other conditions to which the grant is subject, see section 80‑2 of the Act.

Part 12 Registration of quality assessors

 

2.78 Purpose of Part 12

  This Part provides for the registration of quality assessors.

Note   Only registered quality assessors may be appointed to assessment teams — see section 2.37.

2.79 Appointment of registrar

  The accreditation body must appoint, in writing, a person or body as a registrar to perform the following functions:

 (a) to keep a register of quality assessors;

 (b) to register persons as quality assessors.

2.80 Application for registration as quality assessor

  A person (the applicant) may apply to the registrar, in writing, to be registered as a quality assessor.

2.81 Decision on application for registration

 (1) The registrar must register the applicant as a quality assessor if the registrar is satisfied that the applicant:

 (a) has been interviewed, and recommended to the accreditation body, by the Aged care industry panel; and

 (b) has successfully completed a course about aged care quality assessment approved by the accreditation body; and

 (c) has participated in an orientation programme delivered by the accreditation body; and

 (d) has, after making the application for registration, obtained a police certificate that does not record that the person has been:

 (i) convicted of murder or sexual assault; or

 (ii) convicted of, and sentenced to imprisonment for, any other form of assault; and

 (e) for an applicant who, at any time after the applicant turned 16, was a citizen or permanent resident of a country other than Australia — has made a statutory declaration, at the time of making the application for registration, that the person has never been:

 (i) convicted of murder or sexual assault; or

 (ii) convicted of, and sentenced to imprisonment for, any other form of assault; and

 (f) has fulfilled any other registration requirements:

 (i) agreed by the accreditation body and the Registrar; and

 (ii) published by the accreditation body on its website.

 Note   The accreditation body’s website is at http://www.accreditation.org.au.

 (2) The registrar must refuse to register the applicant as a quality assessor if the registrar is not satisfied that the applicant meets the requirements of subsection (1).

 (3) If the registrar registers the applicant as a quality assessor, the registrar must:

 (a) register the applicant for a period of 1 year (the registration period); and

 (b) give the applicant written notice of the applicant’s obligations as a quality assessor.

 (4) The registrar must tell the applicant and the accreditation body, in writing, about the registrar’s decision under subsection (1) or (2).

2.82 Application for registration for further period

 (1) A registered quality assessor may apply to the registrar to be registered for a further period.

 (2) The application must be made:

 (a) in writing; and

 (b) not later than 1 month before the end of the assessor’s registration period.

 (3) The application must be accompanied by evidence:

 (a) that the assessor has completed:

 (i) any mandatory training required by the accreditation body; and

 (ii) not less than 15 hours professional development approved by the accreditation body, including any training mentioned in subparagraph (i); and

 (b) of all relevant audit experience undertaken by the assessor during the registration period.

2.83 Decision on application for further registration

 (1) On receipt of an application under section 2.82, the registrar must ask the accreditation body for advice on the assessor’s performance in relation to any site or review audits, or assessment contacts, undertaken by the assessor.

 (2) The registrar must register the assessor for a further registration period of 1 year if the registrar is satisfied that the assessor:

 (a) has complied with the assessor’s obligations as notified to the assessor by the registrar under paragraph 2.81 (3) (b); and

 (b) has completed:

 (i) any mandatory training required by the accreditation body; and

 (ii) not less than 15 hours professional development approved by the accreditation body, including any training mentioned in subparagraph (i); and

 (c) has relevant audit experience gained during the assessor’s most recent registration period; and

 (d) has a police certificate issued not more than 3 years before the application under subsection 2.82 (1) is made, that does not record that the person has been:

 (i) convicted of murder or sexual assault; or

 (ii) convicted of, and sentenced to imprisonment for, any other form of assault.             

 (3) If the registrar is not satisfied that the assessor meets the requirements mentioned in paragraphs (2) (a) to (d), the registrar may remove the assessor’s name from the register.

 (4) If the registrar makes a decision under subsection (2) or (3), the registrar must tell the person and the accreditation body, in writing, about:

 (a) the decision; and

 (b) the reasons for the decision.

Note   The person may request reconsideration by the accreditation body of a decision to remove the person’s name from the register — see Part 9.

2.84 Removal of person’s name from register — certain criminal convictions

 (1) The registrar must remove the name of a person from the register of quality assessors if the registrar is satisfied that a police certificate, or statutory declaration made by the person, states that the person has been:

 (a) convicted of murder or sexual assault; or

 (b) convicted of, and sentenced to imprisonment for, any other form of assault.

 (2) If the registrar removes the name of a person from the register of quality assessors under subsection (1), the registrar must tell the person and the accreditation body, in writing, about:

 (a) the removal of the person’s name; and

 (b) the reasons for the removal.

Note   The person may request reconsideration by the accreditation body of a decision to remove the person’s name from the register — see Part 9.

Part 13 Other matters

 

2.85 Purpose of Part 13

  This Part deals with the protection of information, publication of decisions and transitional matters.

2.86 Identifying information

 (1) The accreditation body, and an assessment team member, must not disclose identifying information to an approved provider.

Note   The term identifying information is defined in subsection (4).

 (2) However, subsection (1) does not apply if:

 (a) the person who provided the identifying information to the body or assessment team consents to the disclosure of the information; or

 (b) not disclosing the identifying information would place the safety, health or well-being of a resident at risk.

 (3) If the body or assessment team intends to disclose identifying information to an approved provider, the body or assessment team must take all reasonable steps to tell the person who provided the information about the proposed disclosure before the disclosure is made.

 (4) In this section:

identifying information means:

 (a) information that could identify a resident or former resident, or the representative of a resident or former resident, as a person who has given information to the accreditation body or an assessment team about the care and services provided by the approved provider; or

 (b) information that could identify any other person as a person who has provided information to the accreditation body or the assessment team about the approved provider, if the person asked to body or assessment team, when providing the information, to keep the person’s identity confidential.

2.87 Publication of decisions

 (1) This section applies to the following decisions made by the accreditation body:

 (a) a decision to accredit or not to accredit a commencing service under subsection 2.16 (1);

 (b) a decision to re-accredit or not to re-accredit an accredited service under subsection 2.28 (1);

 (c) a decision to revoke or not to revoke the accreditation of an accredited service under subsection 2.31 (1) or paragraph 2.56 (1) (a);

 (d) a decision to vary the period of accreditation of an accredited service under paragraph 2.56 (1) (b).

 (2) If no request for reconsideration of the decision is made within the time mentioned in paragraph 2.68 (1) (c), the accreditation body must, as soon as practicable after the decision is made, publish:

 (a) the decision; and

 (b) any site audit report or review audit report considered in making the decision.

Note   If a request for reconsideration is made, the reconsideration decision must be published under section 2.88.

 (3) However, the accreditation body must not publish, or otherwise make available, a document that contains protected information for Part 6‑2 of Chapter 6 of the Act unless the publication is authorised under that Part.

 (4) The publication must be made within 28 days after the last day when a request for reconsideration of the decision could be made under section 2.68.

2.88 Publication of reconsideration decisions

 (1) This section applies if the accreditation body makes a reconsideration decision under section 2.69 or 2.70, following reconsideration of a decision mentioned in subsection 2.87 (1).

 (2) Within 28 days after making the reconsideration decision, the accreditation body must publish:

 (a) the reconsideration decision; and

 (b) any site audit report or review audit report considered in making the reconsideration decision.

 (3) However, the accreditation body must not publish, or otherwise make available, protected information for Part 6‑2 of Chapter 6 of the Act unless the publication is authorised under that Part.

 (4) If a person applies for review by the Administrative Appeals Tribunal of the reconsideration decision, the accreditation body must publish a notice that the reconsideration decision is subject to review by the Administrative Appeals Tribunal.

2.89 Publication of AAT decisions

 (1) This section applies if an application is made to the Administrative Appeals Tribunal to review a reconsideration decision made under section 2.69 or 2.70 by the accreditation body.

 (2) The accreditation body must publish the Tribunal’s decision on the review application.

 (3) However, the accreditation body must not publish, or otherwise make available, protected information for Part 6‑2 of Chapter 6 of the Act unless the publication is authorised under that Part.

2.90 Transitional

  The Accreditation Grant Principles 1999 as in force immediately before 20 May 2011 continue to apply in relation to:

 (a) an application for accreditation of a commencing service or re‑accreditation of an accredited service made before 20 May 2011; and

 (b) an application for registration or further registration as a quality assessor made before 20 May 2011.

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.