95B‑12 Annual report95B‑12 Annual report

#### 95B‑12 Annual report (1) The \*Aged Care Pricing Commissioner must, as soon as practicable after the end of each financial year, prepare and give to the Minister, for presentation to the Parliament, a report on the Aged Care Pricing Commissioner’s operations during that year. > Note: See also section 34C of the Acts Interpretation Act 1901, which contains extra rules about annual reports. (2) The \*Aged Care Pricing Commissioner must include in the report: (a) the number of applications that were made to the Aged Care Pricing Commissioner during the financial year for approval to charge an accommodation payment that is higher than the maximum amount of accommodation payment determined by the Minister under section 52G‑3; and (b) the number of such applications that were approved, rejected or withdrawn during the financial year; and (c) the number of applications that were made to the Aged Care Pricing Commissioner during the financial year for approval to charge an extra service fee; and (d) any other information required by the Commissioner Principles to be included in the report. 15 Section 96‑1 (table item 2) Repeal the item. 16 Section 96‑1 (after table item 9) Insert: | 9A | Commissioner Principles | Divisions 95A and 95B | | --- | ----------------------- | --------------------- | 16A Section 96‑1 (after table item 14) Insert: | 14A | Fees and Payments Principles | Parts 3A.1, 3A.2 and 3A.3 | | --- | ---------------------------- | ------------------------- | 17 Section 96‑1 (after table item 17) Insert: | 17A | Quality Agency Reporting Principles | Part 4.4 | | --- | ----------------------------------- | -------- | 18 Section 96‑2 (heading) Omit “Delegations”, substitute “Delegation”. 19 Subsection 96‑2(6) Repeal the subsection, substitute: (6) The Secretary may, in writing, delegate to the \*CEO of the Quality Agency the functions of the Secretary that the Secretary considers necessary for the CEO to perform the CEO’s functions under the Australian Aged Care Quality Agency Act 2013. 20 Clause 1 of Schedule 1 (definition of accreditation body) Repeal the definition. 21 Clause 1 of Schedule 1 (definition of accreditation grant) Repeal the definition. 22 Clause 1 of Schedule 1 Insert: > Aged Care Pricing Commissioner means the Aged Care Pricing Commissioner holding office under Part 6.7. 23 Clause 1 of Schedule 1 Insert: > CEO of the Quality Agency means the Chief Executive Officer of the Australian Aged Care Quality Agency appointed under the Australian Aged Care Quality Agency Act 2013. Part 2—Transitional and savings provisions 24 Definitions In this Part: accreditation body has the same meaning as in the old law. CEO of the Quality Agency has the same meaning as in the new law. first commencement time means the time when item 5 of this Schedule commences. new law means the Aged Care Act 1997 as in force immediately after the second commencement time. old law means the Aged Care Act 1997 as in force immediately before the second commencement time. second commencement time means the time when item 1 of this Schedule commences. 25 Accreditation requirement An accreditation of a residential care service by an accreditation body that was in force immediately before the second commencement time is taken, after the second commencement time, to have been an accreditation by the CEO of the Quality Agency. 26 Determining maximum amounts of accommodation payment (1) After the first commencement time, the Minister may, by legislative instrument, determine the maximum amount of accommodation payment that an approved provider may charge a person. (2) The determination may set out: (a) the maximum daily accommodation payment amount and a method for working out refundable accommodation deposit amounts; or (b) methods for working out both: (i) the maximum daily accommodation payment amount; and (ii) refundable accommodation deposit amounts. (3) An approved provider may apply to the Aged Care Pricing Commissioner for approval to charge an accommodation payment that is higher than the maximum amount of accommodation payment determined by the Minister under subitem (1). (4) The Aged Care Pricing Commissioner may approve the application. (5) A decision by the Aged Care Pricing Commissioner not to approve the application is taken to be a reviewable decision within the meaning of section 85‑1 of the Aged Care Act 1997. (6) A power exercised under this item must be exercised in accordance with the Aged Care Act 1997 as if it were amended by Schedule 3 to this Act. Schedule 3—Amendments commencing on 1 July 2014 Part 1—Amendments Aged Care Act 1997 1 At the end of Division 1 Add: