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Note: This table relates only to the provisions of this Act as originally enacted.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 Act binds the Crown

This Act binds the Crown in each of its capacities.

4 Extension to external Territories

This Act extends to the external Territories other than the Territory of Ashmore and Cartier Islands.

5 Object of this Act

The object of this Act is to establish a regulatory framework that will: (a) protect and enhance the safety, health, well‑being and quality of life of aged care consumers; and (b) promote aged care consumers’ confidence and trust in the provision of aged care services and Commonwealth‑funded aged care services; and (c) promote engagement with aged care consumers about the quality of care and services provided by: (i) approved providers of aged care services; and (ii) service providers of Commonwealth‑funded aged care services.

6 Simplified outline of this Act

This Act establishes the Aged Care Quality and Safety Commission and provides for there to be a Commissioner of the Commission.

A number of functions are conferred on the Commissioner, including:

(a) the function of protecting and enhancing the safety, health, well‑being and quality of life of aged care consumers; and

(aa) the function of approving providers of aged care; and

(ab) the functions of imposing sanctions on approved providers and lifting sanctions; and

(ac) the function of ensuring compliance with the aged care responsibilities of approved providers and provisions of this Act and the Aged Care Act; and

(b) the function of promoting the provision of quality care and services by approved providers of aged care services and service providers of Commonwealth‑funded aged care services; and

(c) the consumer engagement functions; and

(d) the complaints functions; and

(da) the code functions; and

(e) the regulatory functions; and

(f) the education functions; and

(g) the function of reconsidering and reviewing certain decisions made under this Act.

The Aged Care Quality and Safety Advisory Council is also established and has specified functions relating to the giving of advice in relation to the Commissioner’s functions.

This Act also deals with the Code of Conduct, the sharing of information and confidentiality.

Division 2—Definitions

7 Definitions

In this Act:

ABN has the meaning given by the A New Tax System (Australian Business Number) Act 1999.

accommodation bond has the same meaning as in the Aged Care Act.

accommodation charge has the same meaning as in the Aged Care Act.

accommodation contribution has the same meaning as in the Aged Care Act.

accommodation payment has the same meaning as in the Aged Care Act.

Advisory Council means the Aged Care Quality and Safety Advisory Council established by section 37.

Advisory Council member means a member of the Advisory Council and includes the Chair.

affected person: see section 74J.

aged care has the same meaning as in the Aged Care Act.

Aged Care Act means the Aged Care Act 1997.

aged care consumer means:

(a) a care recipient; or
(b) a person who is a recipient of a Commonwealth‑funded aged care service.

Aged Care Principles means Principles made under section 96‑1 of the Aged Care Act.

aged care responsibility means a responsibility of an approved provider under Chapter 4 of the Aged Care Act.

aged care service has the same meaning as in the Aged Care Act.

aged care worker of an approved provider means:

(a) an individual employed or otherwise engaged (including on a voluntary basis) by the provider; or
(b) an individual:
(i) who is employed or otherwise engaged (including on a voluntary basis) by a contractor or subcontractor of the provider; and
(ii) who provides care or other services to the care recipients provided with aged care through an aged care service of the provider.

Note: An individual engaged by an approved provider includes an independent contractor.

annual operational plan means the annual operational plan given to the Minister under section 54.

approved provider: a person or body is an approved provider if:

(a) the person or body:
(i) has been approved as a provider of aged care under section 63D; or
(ii) is taken, under paragraph 63F(2)(a), to be an approved provider; and
(b) the approval of the person or body is in effect.

Note: The approval of the person or body ceases to have effect if it is suspended or revoked under Division 4 of Part 7A or Part 7B.

authorised officer means a person appointed as an authorised officer under subsection 75A(1).

banning order means an order made under subsection 74GB(1) or (3).

care has the same meaning as in the Aged Care Act.

care recipient means a person approved under Part 2.3 of the Aged Care Act as a recipient of aged care.

Chair means the Chair of the Advisory Council.

civil penalty order has the same meaning as in the Regulatory Powers Act.

civil penalty provision has the same meaning as in the Regulatory Powers Act.

code functions: see section 18A.

Code of Conduct means the code of conduct which the rules made for the purposes of subsection 74AE(1) make provision for or in relation to.

Commission means the Aged Care Quality and Safety Commission established by section 11.

Commissioner means the Commissioner of the Commission.

Commonwealth‑funded aged care service: see subsection 8(1).

complaints functions: see section 18.

compliance notice means a notice given under section 74EE.

consumer engagement functions: see section 17.

corporation means a trading or financial corporation within the meaning of paragraph 51(xx) of the Constitution.

distinct part, in relation to a residential care service, has the same meaning as in the Aged Care Act.

education functions: see section 20.

eligible adviser means a person other than:

(b) an officer of the Commonwealth; or
(c) a person specified in the rules.

extra service status has the same meaning as in the Aged Care Act.

Federal Court means the Federal Court of Australia.

flexible care has the same meaning as in the Aged Care Act.

flexible care service has the same meaning as in the Aged Care Act.

funding agreement that relates to a Commonwealth‑funded aged care service: see subsection 8(2).

governing person of an approved provider means an individual who is one of the key personnel of the provider under paragraph 8B(1)(a) or (b).

home care has the same meaning as in the Aged Care Act.

home care service has the same meaning as in the Aged Care Act.

identity card means:

(a) in relation to an authorised officer—an identity card issued to the authorised officer under section 35 or 76 of the Regulatory Powers Act; or
(b) in relation to a quality assessor—an identity card issued to the quality assessor under section 74 of this Act.

indictable offence means:

(a) an indictable offence against a law of the Commonwealth or of a State or Territory; or
(b) an offence that:
(i) is an offence against a law of a foreign country or of a part of a foreign country; and
(ii) when committed, corresponds to an indictable offence against a law of the Commonwealth or of a State or Territory.

Inspector‑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.

internal decision reviewer means:

(a) the Commissioner; or
(b) a delegate of the Commissioner referred to in paragraph 74L(1)(b) or 74M(1)(b).

key personnel of a person or body has the meaning given by section 8B.

local government authority means a body established for the purposes of local government by or under a law of a State or Territory.

NDIS banning order means a banning order made under section 73ZN of the National Disability Insurance Scheme Act 2013.

non‑compliance notice means a notice given under subsection 63S(2).

occupied place of an approved provider: see subsection 63Q(5).

paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).

people with special needs has the same meaning as in the Aged Care Act.

personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

place has the same meaning as in the Aged Care Act.

Pricing Authority has the same meaning as in the National Health Reform Act 2011.

protected information: see subsection 60(2).

provisional allocation has the same meaning as in the Aged Care Act.

quality assessor means a person registered as a quality assessor under the rules.

reconsideration decision means a decision made under subsection 74L(2) or 74M(3).

regulatory functions: see section 19.

regulatory official means the Commissioner or a quality assessor.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

relevant data: see subsection 72(3).

reportable incident means:

(a) for an approved provider—a reportable incident within the meaning of the Aged Care Act; or
(b) for a service provider of a Commonwealth‑funded aged care service—an incident that is a reportable incident under the funding agreement that relates to the service.

residential care has the same meaning as in the Aged Care Act.

residential care service has the same meaning as in the Aged Care Act.

reviewable decision: see section 74J.

rules means the rules made under section 77.

search powers: see sections 71 and 72.

Secretary means the Secretary of the Department.

service provider of a Commonwealth‑funded aged care service: see subsection 8(3).

staff of the Commission means the staff of the Commission referred to in section 33.

State or Territory authority means a body established for a public purpose by or under a law of a State or Territory.

subsidy has the same meaning as in the Aged Care Act.

suitability matters in relation to an individual has the meaning given by section 8C.

vacancy, in relation to the office of an Advisory Council member, has a meaning affected by section 9.

vacant place of an approved provider: see subsection 63Q(4).

8 Meaning of Commonwealth‑funded aged care service etc.

(1) A Commonwealth‑funded aged care service is a service provided under a program that is a program (the funded program) of a kind specified in the rules for the purposes of this subsection. (2) A funding agreement that relates to a Commonwealth‑funded aged care service is the agreement between a person or body and the Commonwealth that relates to a funded program under which the service is, or is to be, provided. (3) A service provider of a Commonwealth‑funded aged care service is a person or body that is a party to the funding agreement that relates to the service.

8B Meaning of key personnel of a person or body

(1) Each of the following is one of the key personnel of a person or body (the entity) at a particular time: (a) if the entity is not a State or Territory—a member of the group of persons who is responsible for the executive decisions of the entity at that time; (b) if the entity is not a State or Territory—any other person who has authority or responsibility for, or significant influence over, planning, directing or controlling the activities of the entity at that time; (c) if, at that time, the entity conducts an aged care service: (i) any person who is responsible for the nursing services provided by the service and who holds a recognised qualification in nursing; and (ii) any person who is responsible for the day‑to‑day operations of the service; whether or not the person is employed by the entity; (d) if, at that time, the entity proposes to conduct an aged care service: (i) any person who is likely to be responsible for the nursing services to be provided by the service and who holds a recognised qualification in nursing; and (ii) any person who is likely to be responsible for the day‑to‑day operations of the service; whether or not the person is employed by the entity. (2) Without limiting paragraph (1)(a), a reference in that paragraph to a member of the group of persons who is responsible for the executive decisions of an entity includes: (a) if the entity is a body corporate that is incorporated, or taken to be incorporated, under the Corporations Act 2001—a director of the body corporate for the purposes of that Act; and (b) in any other cas

This is an opening excerpt, not the complete document.