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Direct links to the current provisions in Aged Care Quality and Safety Commission Rules 2018.
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This instrument is the Aged Care Quality and Safety Commission Rules 2018.
This instrument is made under the Aged Care Quality and Safety Commission Act 2018.
Note: A number of expressions used in this instrument are defined in the Commission Act, including the following:
(a) aged care consumer;
(b) aged care service;
(c) approved provider;
(d) Commissioner;
(e) Commonwealth‑funded aged care service;
(f) service provider.
In this instrument:
Aboriginal and Torres Strait Islander service means a service provided under the program known as the National Aboriginal and Torres Strait Islander Flexible Aged Care Program.
Note: An Aboriginal and Torres Strait Islander service is a Commonwealth‑funded aged care service (see subsection 8(1) of the Commission Act and section 8 of this instrument).
accredited service means:
(a) a residential care service, or a flexible care service, that has been accredited or re‑accredited under Part 3 for a particular period and that period has not ended; or
(b) a residential care service for which a determination under section 42‑5 of the Aged Care Act is in force; or
(c) a flexible care service that is a deemed accredited service.
Aged Care Quality Standards means the Aged Care Quality Standards set out in the Quality of Care Principles 2014.
assessment contact: see section 5.
assessment team means:
(a) for a site audit of a residential service—the assessment team formed under subsection 32(1) to conduct the audit; or
(aa) for a quality audit of a home service—the assessment team formed under subsection 53A(1) to conduct the audit; or
(b) for a review audit of an accredited service—the assessment team formed under subsection 71(1) to conduct the audit.
commencing service: see section 6.
Commission Act means the Aged Care Quality and Safety Commission Act 2018.
complainant means a person who makes a complaint.
complaint means a complaint made under subsection 11(1).
complaints reviewable decision means a reviewable Commissioner decision of a kind mentioned in item 1 or 2 of the table in section 98.
deemed accredited service: see section 7.
flexible care place means a capacity within a flexible care service for provision of flexible care in the form of short‑term restorative care or transition care to a person.
former complaints scheme means:
(a) the repealed Complaints Principles 2015, as in force at any time before they were repealed; or
(b) the repealed Complaints Principles 2014, as in force at any time before they were repealed; or
(c) the administrative scheme for the resolution of complaints about service providers of Commonwealth‑funded aged care services, as it existed at any time before 30 May 2018.
home care setting has the same meaning as in the Subsidy Principles 2014.
home service means:
(a) a home care service; or
(b) a flexible care service through which short‑term restorative care or transition care is provided in a home care setting; or
(c) a home support service.
home service provider of a home service means:
(a) for a home care service or flexible care service through which short‑term restorative care or transition care is provided in a home care setting—the approved provider of the service; or
(b) for a home support service—the service provider of the service.
home support service means a service provided under the program known as the Commonwealth Home Support Programme.
Note: A home support service is a Commonwealth‑funded aged care service (see subsection 8(1) of the Commission Act and section 8 of this instrument).
interested person: see section 98.
internal reviewer means:
(a) the Commissioner; or
(b) a delegate of the Commissioner referred to in paragraph 100(1)(b), 101(1)(b) or 102(1)(b).
nominated representative of an aged care consumer means:
(a) if the aged care consumer is a care recipient—the representative of the care recipient within the meaning of the Records Principles 2014; or
(b) if the aged care consumer is a person who is a recipient of a Commonwealth‑funded aged care service—a person who represents the consumer.
Note: The approved provider of an aged care service must keep up‑to‑date records of the name and contact details of at least one nominated representative of each care recipient (see paragraph 7(r) of the Records Principles 2014).
performance report:
(a) for a residential service (other than a recommencing service) for which an application for re‑accreditation has been made: see paragraph 40A(1)(a); or
(b) for a home service for which a quality review is conducted: see paragraph 57(1)(a); or
(c) for an accredited service, previously accredited service or home service for which an assessment contact to which section 68 applies is made: see paragraph 68A(1)(a); or
(d) for an accredited service for which a review audit is conducted: see paragraph 76A(1)(a).
plan for continuous improvement: see subsection 62(2).
police certificate, for a person, means a report about a person’s criminal conviction record prepared by:
(a) the Australian Federal Police; or
(b) the Australian Criminal Intelligence Commission; or
(c) an agency accredited by the Australian Criminal Intelligence Commission; or
(d) the police force or police service of a State or Territory.
previously accredited service means:
(a) a residential care service, or a flexible care service, that was an accredited service but is no longer such a service; or
(b) a flexible care service if:
(i) flexible care in the form of short‑term restorative care is provided through the service; and
(ii) the short‑term restorative care is provided in a facility where residential care is provided through a residential care service; and
(iii) on the day the approved provider of the flexible care service is allocated flexible care places under Division 14 of Part 2.2 of the Aged Care Act, the residential care service is a previously accredited service under paragraph (a) of this definition.
provider responsibility information means information raising an issue or issues about:
(a) the responsibilities of the approved provider of an aged care service under the Aged Care Act or the Aged Care Principles; or
(b) the responsibilities of the service provider of a Commonwealth‑funded aged care service under the funding agreement that relates to the service.
quality audit report: see subsection 56(1).
quality review, of a home service, means a quality review of the service conducted under Part 4.
Quality Review Guidelines means the Quality Review Guidelines for the program known as the National Aboriginal and Torres Strait Islander Flexible Aged Care Program, published by the Commission and as in force from time to time.
Note: The Quality Review Guidelines could in 2019 be viewed on the Commission’s website (https://www.agedcarequality.gov.au).
re‑accreditation, of an accredited service or a previously accredited service, means the accreditation of the service for a further period under Part 3.
recommencing service: a previously accredited service is a recommencing service if:
(a) the approved provider of the service has made an application under subsection 27(2) for the re‑accreditation of the service; and
(b) the approved provider of the service has been allocated places for the service under Part 2.2 of the Aged Care Act; and
(c) at the time the application was made, residential care was not being provided for those places through the service.
reconsideration decision means a decision made under subsection 100(2), 101(2) or 102(3).
register of banning orders means the register mentioned in section 74GI of the Commission Act.
regulatory reviewable decision means a reviewable Commissioner decision of a kind mentioned in an item (other than items 1 and 2) of the table in section 98.
relevant provider, for an issue raised in a complaint or provider responsibility information, means the approved provider of an aged care service, or service provider of a Commonwealth‑funded aged care service, to which the issue relates.
residential care setting has the same meaning as in the Subsidy Principles 2014.
residential service means an accredited service, or a previously accredited service, to which an application made under subsection 27(2) relates.
resolution process means the resolution process undertaken under section 15.
reviewable Commissioner decision: see section 98.
review audit, of an accredited service, means a review audit of the service conducted under Division 6 of Part 5.
review audit report: see subsection 76(1).
serious offence conviction: a person has a serious offence conviction if the person has been:
(a) convicted of murder or sexual assault; or
(b) convicted of, and sentenced to imprisonment for, any other form of assault.
short‑term restorative care has the same meaning as in the Subsidy Principles 2014.
site audit, of a residential service, means a site audit of the service conducted under Subdivision D of Division 3 of Part 3.
site audit report: see subsection 40(1).
transition care has the same meaning as in the Subsidy Principles 2014.
An assessment contact with the approved provider of an accredited service or a previously accredited service, or the home service provider of a home service, is any form of contact (other than a site audit, a review audit or a quality review) between a regulatory official and the provider for either or both of the following purposes: (a) to assess the provider’s performance, in relation to the service, against the Aged Care Quality Standards; (b) to monitor the quality of care and services provided by the provider through the service.
(1) A residential care service is a commencing service if: (a) an approved provider has been allocated places for the service under Part 2.2 of the Aged Care Act; and (b) residential care has not previously been provided for those places through the service; and (c) the service is not an accredited service or a previously accredited service. (2) A flexible care service through which short‑term restorative care is provided in a residential care setting is a commencing service if: (a) the short‑term restorative care is provided in a facility where residential care is provided through a residential care service; and (b) that residential care service is a commencing service.
If: (a) flexible care in the form of short‑term restorative care is provided through a flexible care service; and (b) the short‑term restorative care is provided in a facility where residential care is provided through a residential care service; and (c) the residential care service is an accredited service for a particular period; the flexible care service is a deemed accredited service for that period.
For the purposes of subsection 8(1) of the Commission Act, the following programs are specified: (a) the program known as the Commonwealth Home Support Programme; (b) the program known as the National Aboriginal and Torres Strait Islander Flexible Aged Care Program.
Note: A Commonwealth‑funded aged care service is a service provided under such a program.
For the purposes of subparagraph 16(1)(g)(i) of the Commission Act, the Commissioner has the following functions: (a) to monitor the financial viability of approved providers; (b) to identify approved providers who are potentially at risk of insolvency; (c) to liaise with approved providers according to their level of risk; (d) to consider whether the Commissioner’s powers can be used to mitigate insolvency risks, and to exercise those powers where the Commissioner considers it appropriate for that purpose; (e) to inform the Secretary of approved providers who are potentially at risk of insolvency.
This Part establishes a scheme for dealing with complaints made, or provider responsibility information given, to the Commissioner about the following matters:
(a) the responsibilities of the approved provider of an aged care service under the Aged Care Act or the Aged Care Principles;
(b) the responsibilities of the service provider of a Commonwealth‑funded aged care service under the funding agreement that relates to the service.
If the Commissioner receives a complaint that raises an issue about such responsibilities, the Commissioner must, in relation to the issue, decide to take no further action, resolve the issue to the complainant’s satisfaction or decide to undertake a resolution process.
If the Commissioner receives provider responsibility information that raises an issue about such responsibilities, the Commissioner may decide to undertake a resolution process in relation to the issue.
This Part is made for the purposes of subsections 21(1), (2) and (3) of the Commission Act.
(1) A person may make a complaint to the Commissioner raising an issue or issues about: (a) the responsibilities of the approved provider of an aged care service under the Aged Care Act or the Aged Care Principles; or (b) the responsibilities of the service provider of a Commonwealth‑funded aged care service under the funding agreement that relates to the service. (2) A complaint may be made orally or in writing. (3) A complaint may be made anonymously. (4) If a complainant makes a complaint, the complainant may ask the Commissioner to keep the following confidential: (a) the identity of the complainant; (b) the identity of a person identified in the complaint; (c) any other details included in the complaint.
(1) If a complainant makes a complaint, the complainant may withdraw the complaint, either orally or in writing, at any time. (2) The Commissioner may deal, or continue to deal, with the complaint despite the withdrawal of the complaint.
Note: A complainant who withdraws a complaint will not be notified under this Part of certain matters (see subsections 14(3) and 17(3)) or be able to apply under Part 7 for the reconsideration of the Commissioner’s decision in relation to the complaint.
(1) If the Commissioner receives a complaint, the Commissioner must, in relation to each issue raised in the complaint: (a) decide to take no further action in relation to the issue under section 14; or (b) take appropriate action to resolve the issue to the satisfaction of the complainant; or (c) decide to undertake a resolution process in relation to the issue under section 15.
Note: For the purposes of the Commissioner resolving the complaint, an authorised officer may enter premises and exercise search powers in relation to the premises in accordance with Division 2 of Part 8 of the Commission Act.
(2) Without limiting subsection (1), the Commissioner may do one or more of the following for the purposes of that subsection:
This is an opening excerpt, not the complete document.