Subdivision AB Exclusions relating to work with individuals accessing funded aged care services
An Act to deal with consequential and transitional matters arising from the enactment of the Aged Care Act 2024, and for related purposes
1 Short title
This Act is the Aged Care (Consequential and Transitional Provisions) Act 2024.
2 Commencement
(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.
<table cellspacing="0" cellpadding="0" style="width:355.55pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:344.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Provisions</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:74.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>Sections</span><span> </span><span>1 to 4 and anything in this Act not elsewhere covered by this table</span></p></td><td style="width:180.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>10</span><span> </span><span>December 2024</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>2.</span><span> </span><span>Schedules</span><span> </span><span>1 to 3</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>At the same time as the </span><span style="font-style:italic">Aged Care Act 2024</span><span> commences.</span></p><p class="Tabletext"><span>However, the provisions do not commence at all if that Act does not commence.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>November 2025</span></p></td></tr></tbody></table>
Note: 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.
(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.
3 Schedules
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.
4 References to the Aged Care Act 1997 etc.
(1) Subsection (2) applies if, after the commencement of the Aged Care Act 2024, another Act refers to any of the following:
(b) a provision of that Act;
(c) the Aged Care Quality and Safety Commission Act 2018;
(d) a provision of that Act;
(e) the Aged Care (Transitional Provisions) Act 1997;
(f) a provision of that Act.
(2) The reference is taken, after that commencement, to be a reference to the following (as the case requires):
(a) the Aged Care Act 2024;
(b) an equivalent, or nearly equivalent, provision of that Act.
(3) Subsection (2) is subject to a contrary intention.
(4) Subsection (5) applies if, after the commencement of the Aged Care Act 2024, another Act refers to:
(a) Principles made under section 96‑1 of the Aged Care Act 1997; or
(b) a provision of those Principles.
(5) The reference is taken, after that commencement, to be a reference to the following (as the case requires):
(a) the rules within the meaning of the Aged Care Act 2024;
(b) an equivalent, or nearly equivalent, provision of those rules.
(6) Subsection (5) is subject to a contrary intention.
Schedule 1—Consequential amendments
Crimes Act 1914
1 After Subdivision AA of Division 6 of Part VIIC
Subdivision AB—Exclusions relating to work with individuals accessing funded aged care services
85ZZGO Object of Subdivision
The object of this Subdivision is to protect individuals accessing funded aged care services from harm by permitting criminal history information to be disclosed and taken into account in assessing whether a person who works, or seeks to work, with an individual accessing funded aged care services poses a risk to such an individual.
85ZZGP Exclusion: disclosing information to a person or body
Divisions 2 and 3 do not apply in relation to the disclosure of information to a prescribed person or body if:
(a) the person or body is required or permitted by or under a prescribed Commonwealth law, a prescribed State law or a prescribed Territory law, to obtain and deal with information about persons who work, or seek to work, with an individual accessing funded aged care services; and
(b) the disclosure is for the purpose of the person or body obtaining and dealing with such information in accordance with the prescribed law.
85ZZGQ Exclusion: person or body taking information into account
Divisions 2 and 3 do not apply in relation to the taking into account of information by a prescribed person or body if:
(a) the person or body is required or permitted by or under a prescribed Commonwealth law, a prescribed State law or a prescribed Territory law, to deal with information about persons who work, or seek to work, with an individual accessing funded aged care services; and
(b) the taking into account is:
(i) for the purpose of dealing with such information in accordance with the prescribed law; or
(ii) required by or under a Commonwealth law, a State law or a Territory law.
85ZZGR Exclusion: person or body disclosing information
Divisions 2 and 3 do not apply in relation to the disclosure of information by a prescribed person or body if:
(a) the person or body is required or permitted by or under a prescribed Commonwealth law, a prescribed State law or a prescribed Territory law, to deal with information about persons who work, or seek to work, with an individual accessing funded aged care services; and
(b) the disclosure is required by or under a Commonwealth law, a State law or a Territory law.
85ZZGS Prescribed persons and bodies
Before the Governor‑General makes a regulation prescribing, for the purposes of section 85ZZGP, 85ZZGQ or 85ZZGR, a person or body:
(a) to which information may be disclosed; or
(b) by which information may be taken into account or disclosed;
the Minister must be satisfied that the person or body:
(c) is required or permitted by or under a Commonwealth law, a State law or a Territory law to obtain and deal with information about persons who work, or seek to work, with an individual accessing funded aged care services; and
(d) complies with applicable Commonwealth law, State law or Territory law relating to privacy, human rights and records management; and
(e) complies with the principles of natural justice; and
(f) has risk assessment frameworks and appropriately skilled staff to assess risks to the safety of an individual accessing funded aged care services.
85ZZGT Definitions
In this Subdivision:
work includes the following:
(a) work:
(i) under a contract of employment, contract of apprenticeship or contract for services; or
(ii) in a leadership role in a religious institution, as part of the duties of a religious vocation or in any other capacity for the purposes of a religious institution; or
(iii) as an officer of a body corporate, member of the committee of management of an unincorporated body or association or member of a partnership; or
(iv) as a volunteer, other than unpaid work engaged in for a private or domestic purpose; or
(v) as a self‑employed person;
(b) practical training as part of a course of education or vocational training;
(c) acting in a prescribed capacity or engaging in a prescribed activity.