396Simplified outline of this Chapter

396  Simplified outline of this Chapter

This Chapter provides for a range of regulatory mechanisms that are available to the Commissioner, Complaints Commissioner and the System Governor in relation to their functions. These include powers under the Regulatory Powers Act and additional powers under this Chapter.

The additional powers include the following:

 (a) powers for authorised Commission officers, acting under authorisation by the Commissioner, to enter and search approved residential care homes without a warrant or consent for the purposes of certain functions of the Commissioner;

 (b) powers for the Commissioner, Complaints Commissioner and the System Governor to give required action notices and compliance notices to registered providers in relation to their functions;

 (c) powers for the Commissioner to make banning orders prohibiting or restricting current and former registered providers, aged care workers and responsible persons from delivering (or being involved in delivering) funded aged care services;

 (d) powers for the Commissioner, Complaints Commissioner and the System Governor to require persons to attend before authorised officers to answer questions or give information or documents in relation to their functions;

 (e) a power for the System Governor to conduct assurance activities for the purposes of the System Governor’s functions;

 (f) powers for the System Governor to recover amounts of subsidy or grants paid by the Commonwealth to entities that were not entitled to be paid those amounts.

This Chapter also deals with the appointment, functions and powers of authorised officers and miscellaneous matters.

Part 2—Monitoring under Part 2 of the Regulatory Powers Act

Division 1—Triggering Part 2 of the Regulatory Powers Act

397  Provisions, information subject to monitoring

Provisions subject to monitoring

 (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:

 (a) a provision of this Act; or

 (b) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to this Act.

Note 2: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether a provision has been complied with. It includes powers of entry and inspection.

Information subject to monitoring

 (2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.