CTHRepealedAct
Aged Care Quality and Safety Commission Act 2018
7Definitions
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#### 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).