21Rules may make provision for, or in relation to, the performance of a function of the Commissioner

#### 21 Rules may make provision for, or in relation to, the performance of a function of the Commissioner (1) The rules may make provision for, or in relation to, the performance of a function conferred on the Commissioner by section 16. Complaints functions (2) Without limiting subsection (1), the rules may establish a scheme for dealing with complaints made, or information given, to the Commissioner about the following matters: (a) an approved provider’s responsibilities under the Aged Care Act or the Aged Care Principles; (b) the responsibilities of a service provider of a Commonwealth‑funded aged care service under the funding agreement that relates to the service. (3) Without limiting subsection (2), the rules may make provision in relation to any one or more of the following: (a) how complaints about a matter referred to in that subsection may be made, managed and resolved; (b) how information given to the Commissioner about a matter referred to in that subsection may be dealt with; (c) the roles, rights and responsibilities of complainants, approved providers, service providers of Commonwealth‑funded aged care services and any other relevant persons; (d) the considerations relevant to resolving such complaints or dealing with such information; (e) the actions that may be taken to address such complaints, or to deal with such information, which may include requiring an approved provider or service provider of a Commonwealth‑funded aged care service to do something; (f) the review or reconsideration of decisions made under the scheme. Code functions (3A) Without limiting subsection (1), the rules may make provision for the taking of action in relation to compliance by any of the following with the provisions of the Code of Conduct that apply or applied to them: (a) an approved provider; (b) an individual who is or was an aged care worker of an approved provider; (c) an individual who is or was a governing person of an approved provider. (3B) Without limiting subsection (3A), the rules may make provision for, or in relation to, any one or more of the following: (a) how information about compliance with the Code of Conduct may be given to the Commissioner; (b) the actions that may be taken by the Commissioner in relation to compliance with the Code of Conduct, which may include requiring an approved provider or other relevant person to do something; (c) the roles, rights and responsibilities of: (i) persons who give such information to the Commissioner; or (ii) approved providers; or (iii) individuals who are or were aged care workers, or governing persons, of approved providers; or (iv) any other relevant persons; (d) the review or reconsideration of decisions made in relation to compliance with the Code of Conduct. Regulatory functions (4) Without limiting subsection (1), the rules may make provision for or in relation to: (a) the accreditation of an aged care service referred to in paragraph 19(a); and (b) the circumstances in which an aged care service is taken to be accredited for the purposes of the rules; and (c) the conduct of quality reviews of a service referred to in paragraph 19(b); and (d) the monitoring of the quality of care and services provided by approved providers of an aged care service referred to in paragraph 19(c); and (e) the monitoring of the quality of care and services provided by service providers of Commonwealth‑funded aged care services; and (f) the registration of persons as quality assessors for the purposes of performing functions, or exercising powers, under this Act or the rules; and (g) the functions to be performed, or the powers to be exercised, by quality assessors; and (h) the review or reconsideration of decisions relating to the accreditation of an aged care service or the registration of a quality assessor. (5) Without limiting paragraph (4)(d), the rules may do any or all of the following: (a) require approved providers of aged care services to have a written plan for continuous improvement in the quality of care and services they provide; (b) make provision in relation to the setting of timetables for improvement in the quality of care and services provided by approved providers of aged care services; (c) make provision in relation to forms of contact between approved providers of aged care services, and the Commissioner or a quality assessor, for specified purposes; (d) provide for the conduct of audits of aged cares services in specified circumstances. (6) Without limiting paragraph (4)(e), the rules may do any or all of the following: (a) require service providers of Commonwealth‑funded aged care services to have a written plan for continuous improvement in the quality of care and services they provide; (b) make provision in relation to the setting of timetables for improvement in the quality of care and services provided by service providers of Commonwealth‑funded aged care services; (c) make provision in relation to forms of contact between service providers of Commonwealth‑funded aged care services, and the Commissioner or a quality assessor, for specified purposes; (d) provide for the conduct of audits of Commonwealth‑funded aged care services in specified circumstances. Reportable incident functions (7) Without limiting subsection (1), the rules may make provision for, or in relation to, how the Commissioner deals with a reportable incident for an approved provider, including in relation to one or more of the following: (a) action that may be taken by the Commissioner in dealing with such a reportable incident, which may include requiring the approved provider to do something; (b) the circumstances in which the Commissioner may authorise or carry out an inquiry in relation to such a reportable incident on the Commissioner’s own initiative; (c) how information given to the Commissioner about such a reportable incident may be dealt with. > Note: For responsibilities of approved providers in relation to reportable incidents, see Division 54 of the Aged Care Act. (8) Without limiting subsection (1), the rules may make provision for, or in relation to, how the Commissioner deals with a reportable incident for a service provider of a Commonwealth‑funded aged care service, including in relation to one or more of the following: (a) action that may be taken by the Commissioner in dealing with such a reportable incident, which may include requiring the service provider to do something; (b) the circumstances in which the Commissioner may authorise or carry out an inquiry in relation to such a reportable incident on the Commissioner’s own initiative; (c) how information given to the Commissioner about such a reportable incident may be dealt with.