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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These Principles require approved providers of residential and home aged care to deliver the specific hotel, care and clinical services listed in Schedules 1 and 4 and to meet the Accreditation and Home Care Standards (ss 18.6, 18.6D, 18.8, 18.14). Providers decide service mixes within resource limits and with recipients’ agreement (s18.6D); they bear ongoing compliance and reporting obligations, including a 28‑day fire‑safety exception notice to the Secretary (s18.6B), which create administrative and staffing costs.
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Direct links to the current provisions in Quality of Care Principles 1997.
These Principles may be cited as the Quality of Care Principles 1997.
(1) These Principles commence on 1 October 1997. (2) However, items 1.1, 1.3, 2.1, 2.3, 3.1 and 3.3 of Schedule 3 commence on 1 January 1998.
In these Principles:
Act means the Aged Care Act 1997.
organisation means the approved provider of an aged care service.
quality review means a review of the quality of care delivered against the Home Care Common Standards.
resident means a care recipient who is provided with care through an aged care service.
service provider means the approved provider of an aged care service.
service user means a care recipient who is provided with care through an aged care service.
(1) In this section:
care recipient includes prospective care recipient and resident.
(2) In these Principles, a reference to a care recipient (or his or her representative) is a reference to: (a) the care recipient; or (b) the care recipient’s representative; or (c) both the care recipient and his or her representative.
Note: Examples of representative:
Advocate
Carer
Legal guardian
Relative.
(3) This section is made to remove any possible doubt.
| Note: Part 4.1 of the Aged Care Act 1997Part 4.1 of the Aged Care Act 1997 is about the responsibilities of approved providers for the quality of the aged care they provide through their aged care services.The responsibilities of approved providers include compliance with a number of standards set out in these Principles. The standards are:the Accreditation Standardsthe Community Care Standardsthe Flexible Care Standards. |
|---|
These Principles may be cited as the Quality of Care Principles 1997.
(1) These Principles commence on 1 October 1997. (2) However, items 1.1, 1.3, 2.1, 2.3, 3.1 and 3.3 of Schedule 3 commence on 1 January 1998.
In these Principles:
Act means the Aged Care Act 1997.
organisation means the approved provider of an aged care service.
quality review means a review of the quality of care delivered against the Home Care Common Standards.
resident means a care recipient who is provided with care through an aged care service.
service provider means the approved provider of an aged care service.
service user means a care recipient who is provided with care through an aged care service.
(1) In this section:
care recipient includes prospective care recipient and resident.
(2) In these Principles, a reference to a care recipient (or his or her representative) is a reference to: (a) the care recipient; or (b) the care recipient’s representative; or (c) both the care recipient and his or her representative.
Note: Examples of representative:
Advocate
Carer
Legal guardian
Relative.
(3) This section is made to remove any possible doubt.
This Division specifies the care and services that an approved provider of a residential care service must provide.
(1) An approved provider of a residential care service must, for each item in Schedule 1, provide the care or service stated in column 2 of the item to any resident who needs it. (1A) The care or service must be provided by the approved provider in a way that meets the Accreditation Standards set out in Schedule 2. (2) If there is an entry in column 3 of an item in Schedule 1, the care or service mentioned in column 2 of the item consists of the matter stated in column 3. (3) However, the services stated in Part 3 of Schedule 1 are required only for the following residents: (a) a resident who on 19 March 2008 was receiving a high level of residential care (as defined in the Act on 19 March 2008); or (b) a resident who is receiving a high level of residential care (as defined in the Act on 19 March 2008); or (c) a resident who is receiving a high level of residential care (as defined in the Act on or after 1 January 2010); or (d) a resident who: (i) on 31 December 2009, was receiving a high level of residential care (as defined in the Act on 31 December 2009); and (ii) on or after 1 January 2010, would be ineligible to receive a high level of residential care solely because of the amendment to the definition of high level of residential care made on 1 January 2010; and (iii) is receiving residential care from the same aged care service from which the resident was receiving care on 31 December 2009.
Note: The Act defines high level of residential care as having the meaning given by the Classification Principles. The definition of high level of residential care in the Classification Principles 1997 was amended on 20 March 2008 and 1 January 2010.
(4) For residents described in paragraph 18.6(3)(d), if initial and on‑going assessment, planning and management of care for residents (nursing services as described in Item 3.8 of Part 3 of Schedule 1) is required, it must be carried out by a registered nurse.
This Division specifies other responsibilities of an approved provider of a residential care service in relation to the quality of the aged care that the approved provider provides.
(1) An approved provider must give to the Secretary a notice (a fire safety exception notice) if the approved provider is notified by a State, Territory or local government authority that the approved provider is, in respect of a residential care service operated by the approved provider, non‑compliant with any applicable State or Territory laws (including local by‑laws) relating to fire safety. (2) The fire safety exception notice must: (a) be in a form approved by the Secretary; and (b) include all the information required by the form; and (c) not contain false or misleading information; and (d) be signed by one of the approved provider’s key personnel, being a person who is authorised by the approved provider to sign the notice. (3) A fire safety exception notice must be given to the Secretary within 28 days of the approved provider being notified by the State, Territory or local government authority of the non‑compliance referred to in subsection (1).
This Division specifies the care and services that an approved provider of a home care service may provide.
(1) An approved provider of a home care service must provide a package of care and services selected from the care and services specified in Part 1 of Schedule 4. (2) The care recipient and the approved provider may agree to the inclusion in the package of care and services other care and services required to support the care recipient to live at home, provided that: (a) the approved provider is able to provide the care and services within the limits of the resources available; and (b) the item is not listed in Part 2 of Schedule 4 as an excluded item. (3) The package of care and services may be used to support the use of telehealth and digital technology, such as remote monitoring, if this is agreed under subsection (2). (4) The care and services must be consistent with the care recipient’s care needs identified in the care plan. (5) The care and services must be provided by the approved provider in a way that meets the Home Care Standards.
This Part sets out Accreditation Standards. Accreditation Standards are standards for quality of care and quality of life for the provision of residential care on and after the accreditation day.
(1) The Accreditation Standards are set out in Schedule 2. (2) The standards deal with the following matters: (a) management systems, staffing and organisational development; (b) health and personal care; (c) resident lifestyle; (d) physical environment and safe systems. (3) The accreditation standard for a matter consists of: (a) the Principle for the matter; and (b) the expected outcome for each matter indicator for the matter.
(1) The Accreditation Standards are intended to provide a structured approach to the management of quality and represent clear statements of expected performance. They do not provide an instruction or recipe for satisfying expectations but, rather, opportunities to pursue quality in ways that best suit the characteristics of each individual residential care service and the needs of its residents. It is not expected that all residential care services should respond to a standard in the same way. (2) The Accreditation Standards apply equally for the benefit of each resident of a residential care service, irrespective of the resident’s financial status, applicable fees and charges, amount of residential care subsidy payable, agreements entered into, or any other matter.
This Part sets out Home Care Standards. Home Care Standards are standards for quality of care and quality of life for the provision of home care.
(1) The Home Care Standards are the Home Care Common Standards set out in Schedule 5. (2) The standards set out in Schedule 5 deal with the following matters: (a) effective management; (b) appropriate access and service delivery; and (c) service user rights and responsibilities. (3) The home care standard for a matter consists of: (a) the Principle for the matter; and (b) the expected outcome for each matter indicator for the matter.
This Division specifies the care and services that an approved provider of a residential care service must provide.
This Division specifies the care and services that an approved provider of a residential care service must provide.
(1) An approved provider of a residential care service must, for each item in Schedule 1, provide the care or service stated in column 2 of the item to any resident who needs it. (1A) The care or service must be provided by the approved provider in a way that meets the Accreditation Standards set out in Schedule 2. (2) If there is an entry in column 3 of an item in Schedule 1, the care or service mentioned in column 2 of the item consists of the matter stated in column 3. (3) However, the services stated in Part 3 of Schedule 1 are required only for the following residents: (a) a resident who on 19 March 2008 was receiving a high level of residential care (as defined in the Act on 19 March 2008); or (b) a resident who is receiving a high level of residential care (as defined in the Act on 19 March 2008); or (c) a resident who is receiving a high level of residential care (as defined in the Act on or after 1 January 2010); or (d) a resident who: (i) on 31 December 2009, was receiving a high level of residential care (as defined in the Act on 31 December 2009); and (ii) on or after 1 January 2010, would be ineligible to receive a high level of residential care solely because of the amendment to the definition of high level of residential care made on 1 January 2010; and (iii) is receiving residential care from the same aged care service from which the resident was receiving care on 31 December 2009.
Note: The Act defines high level of residential care as having the meaning given by the Classification Principles. The definition of high level of residential care in the Classification Principles 1997 was amended on 20 March 2008 and 1 January 2010.
(4) For residents described in paragraph 18.6(3)(d), if initial and on‑going assessment, planning and management of care for residents (nursing services as described in Item 3.8 of Part 3 of Schedule 1) is required, it must be carried out by a registered nurse.
This Division specifies other responsibilities of an approved provider of a residential care service in relation to the quality of the aged care that the approved provider provides.
This Division specifies other responsibilities of an approved provider of a residential care service in relation to the quality of the aged care that the approved provider provides.
(1) An approved provider must give to the Secretary a notice (a fire safety exception notice) if the approved provider is notified by a State, Territory or local government authority that the approved provider is, in respect of a residential care service operated by the approved provider, non‑compliant with any applicable State or Territory laws (including local by‑laws) relating to fire safety. (2) The fire safety exception notice must: (a) be in a form approved by the Secretary; and (b) include all the information required by the form; and (c) not contain false or misleading information; and (d) be signed by one of the approved provider’s key personnel, being a person who is authorised by the approved provider to sign the notice. (3) A fire safety exception notice must be given to the Secretary within 28 days of the approved provider being notified by the State, Territory or local government authority of the non‑compliance referred to in subsection (1).
This Division specifies the care and services that an approved provider of a home care service may provide.
This Division specifies the care and services that an approved provider of a home care service may provide.
(1) An approved provider of a home care service must provide a package of care and services selected from the care and services specified in Part 1 of Schedule 4. (2) The care recipient and the approved provider may agree to the inclusion in the package of care and services other care and services required to support the care recipient to live at home, provided that: (a) the approved provider is able to provide the care and services within the limits of the resources available; and (b) the item is not listed in Part 2 of Schedule 4 as an excluded item. (3) The package of care and services may be used to support the use of telehealth and digital technology, such as remote monitoring, if this is agreed under subsection (2). (4) The care and services must be consistent with the care recipient’s care needs identified in the care plan. (5) The care and services must be provided by the approved provider in a way that meets the Home Care Standards.
This Part sets out Accreditation Standards. Accreditation Standards are standards for quality of care and quality of life for the provision of residential care on and after the accreditation day.
This Part sets out Accreditation Standards. Accreditation Standards are standards for quality of care and quality of life for the provision of residential care on and after the accreditation day.
(1) The Accreditation Standards are set out in Schedule 2. (2) The standards deal with the following matters: (a) management systems, staffing and organisational development; (b) health and personal care; (c) resident lifestyle; (d) physical environment and safe systems. (3) The accreditation standard for a matter consists of: (a) the Principle for the matter; and (b) the expected outcome for each matter indicator for the matter.
(1) The Accreditation Standards are intended to provide a structured approach to the management of quality and represent clear statements of expected performance. They do not provide an instruction or recipe for satisfying expectations but, rather, opportunities to pursue quality in ways that best suit the characteristics of each individual residential care service and the needs of its residents. It is not expected that all residential care services should respond to a standard in the same way. (2) The Accreditation Standards apply equally for the benefit of each resident of a residential care service, irrespective of the resident’s financial status, applicable fees and charges, amount of residential care subsidy payable, agreements entered into, or any other matter.
This Part sets out Home Care Standards. Home Care Standards are standards for quality of care and quality of life for the provision of home care.
This Part sets out Home Care Standards. Home Care Standards are standards for quality of care and quality of life for the provision of home care.
(1) The Home Care Standards are the Home Care Common Standards set out in Schedule 5. (2) The standards set out in Schedule 5 deal with the following matters: (a) effective management; (b) appropriate access and service delivery; and (c) service user rights and responsibilities. (3) The home care standard for a matter consists of: (a) the Principle for the matter; and (b) the expected outcome for each matter indicator for the matter.
Principle: Residents live in a safe and comfortable environment that ensures the quality of life and welfare of residents, staff and visitors.
| Col. 1Item | Column 2Matter Indicator | Column 3Expected Outcome |
|---|---|---|
| 4.1 | Continuous improvement | The organisation actively pursues continuous improvement |
| 4.2 | Regulatory compliance | The organisation’s management has systems in place to identify and ensure compliance with all relevant legislation, regulatory requirements, professional standards, and guidelines, about physical environment and safe systems |
| 4.3 | Education and staff development | Management and staff have appropriate knowledge and skills to perform their roles effectively |
| 4.4 | Living environment | Management of the residential care service is actively working to provide a safe and comfortable environment consistent with residents’ care needs |
| 4.5 | Occupational health and safety | Management is actively working to provide a safe working environment that meets regulatory requirements |
| 4.6 | Fire, security and other emergencies | Management and staff are actively working to provide an environment and safe systems of work that minimise fire, security and emergency risks |
| 4.7 | Infection control | An effective infection control program |
| 4.8 | Catering, cleaning and laundry services | Hospitality services are provided in a way that enhances residents’ quality of life and the staff’s working environment |
Schedule 4—Specified care and services for home care services
(section 18.6D)
Note: Subsection 18.6D(5) provides that the care and services listed in Schedule 4 are to be provided in a way that meets the standards set out in Schedule 5.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Principles may be cited as the Quality of Care Principles 1997.
(1) These Principles commence on 1 October 1997. (2) However, items 1.1, 1.3, 2.1, 2.3, 3.1 and 3.3 of Schedule 3 commence on 1 January 1998.
In these Principles:
Act means the Aged Care Act 1997.
organisation means the approved provider of an aged care service.
quality review means a review of the quality of care delivered against the Home Care Common Standards.
resident means a care recipient who is provided with care through an aged care service.
service provider means the approved provider of an aged care service.
service user means a care recipient who is provided with care through an aged care service.
(1) In this section:
care recipient includes prospective care recipient and resident.
(2) In these Principles, a reference to a care recipient (or his or her representative) is a reference to: (a) the care recipient; or (b) the care recipient’s representative; or (c) both the care recipient and his or her representative.
Note: Examples of representative:
Advocate
Carer
Legal guardian
Relative.
(3) This section is made to remove any possible doubt.
| Note: Part 4.1 of the Aged Care Act 1997Part 4.1 of the Aged Care Act 1997 is about the responsibilities of approved providers for the quality of the aged care they provide through their aged care services.The responsibilities of approved providers include compliance with a number of standards set out in these Principles. The standards are:the Accreditation Standardsthe Community Care Standardsthe Flexible Care Standards. |
|---|
These Principles may be cited as the Quality of Care Principles 1997.
(1) These Principles commence on 1 October 1997. (2) However, items 1.1, 1.3, 2.1, 2.3, 3.1 and 3.3 of Schedule 3 commence on 1 January 1998.
In these Principles:
Act means the Aged Care Act 1997.
organisation means the approved provider of an aged care service.
quality review means a review of the quality of care delivered against the Home Care Common Standards.
resident means a care recipient who is provided with care through an aged care service.
service provider means the approved provider of an aged care service.
service user means a care recipient who is provided with care through an aged care service.
(1) In this section:
care recipient includes prospective care recipient and resident.
(2) In these Principles, a reference to a care recipient (or his or her representative) is a reference to: (a) the care recipient; or (b) the care recipient’s representative; or (c) both the care recipient and his or her representative.
Note: Examples of representative:
Advocate
Carer
Legal guardian
Relative.
(3) This section is made to remove any possible doubt.
This Division specifies the care and services that an approved provider of a residential care service must provide.
(1) An approved provider of a residential care service must, for each item in Schedule 1, provide the care or service stated in column 2 of the item to any resident who needs it. (1A) The care or service must be provided by the approved provider in a way that meets the Accreditation Standards set out in Schedule 2. (2) If there is an entry in column 3 of an item in Schedule 1, the care or service mentioned in column 2 of the item consists of the matter stated in column 3. (3) However, the services stated in Part 3 of Schedule 1 are required only for the following residents: (a) a resident who on 19 March 2008 was receiving a high level of residential care (as defined in the Act on 19 March 2008); or (b) a resident who is receiving a high level of residential care (as defined in the Act on 19 March 2008); or (c) a resident who is receiving a high level of residential care (as defined in the Act on or after 1 January 2010); or (d) a resident who: (i) on 31 December 2009, was receiving a high level of residential care (as defined in the Act on 31 December 2009); and (ii) on or after 1 January 2010, would be ineligible to receive a high level of residential care solely because of the amendment to the definition of high level of residential care made on 1 January 2010; and (iii) is receiving residential care from the same aged care service from which the resident was receiving care on 31 December 2009.
Note: The Act defines high level of residential care as having the meaning given by the Classification Principles. The definition of high level of residential care in the Classification Principles 1997 was amended on 20 March 2008 and 1 January 2010.
(4) For residents described in paragraph 18.6(3)(d), if initial and on‑going assessment, planning and management of care for residents (nursing services as described in Item 3.8 of Part 3 of Schedule 1) is required, it must be carried out by a registered nurse.
This Division specifies other responsibilities of an approved provider of a residential care service in relation to the quality of the aged care that the approved provider provides.
(1) An approved provider must give to the Secretary a notice (a fire safety exception notice) if the approved provider is notified by a State, Territory or local government authority that the approved provider is, in respect of a residential care service operated by the approved provider, non‑compliant with any applicable State or Territory laws (including local by‑laws) relating to fire safety. (2) The fire safety exception notice must: (a) be in a form approved by the Secretary; and (b) include all the information required by the form; and (c) not contain false or misleading information; and (d) be signed by one of the approved provider’s key personnel, being a person who is authorised by the approved provider to sign the notice. (3) A fire safety exception notice must be given to the Secretary within 28 days of the approved provider being notified by the State, Territory or local government authority of the non‑compliance referred to in subsection (1).
This Division specifies the care and services that an approved provider of a home care service may provide.
(1) An approved provider of a home care service must provide a package of care and services selected from the care and services specified in Part 1 of Schedule 4. (2) The care recipient and the approved provider may agree to the inclusion in the package of care and services other care and services required to support the care recipient to live at home, provided that: (a) the approved provider is able to provide the care and services within the limits of the resources available; and (b) the item is not listed in Part 2 of Schedule 4 as an excluded item. (3) The package of care and services may be used to support the use of telehealth and digital technology, such as remote monitoring, if this is agreed under subsection (2). (4) The care and services must be consistent with the care recipient’s care needs identified in the care plan. (5) The care and services must be provided by the approved provider in a way that meets the Home Care Standards.
This Part sets out Accreditation Standards. Accreditation Standards are standards for quality of care and quality of life for the provision of residential care on and after the accreditation day.
(1) The Accreditation Standards are set out in Schedule 2. (2) The standards deal with the following matters: (a) management systems, staffing and organisational development; (b) health and personal care; (c) resident lifestyle; (d) physical environment and safe systems. (3) The accreditation standard for a matter consists of: (a) the Principle for the matter; and (b) the expected outcome for each matter indicator for the matter.
(1) The Accreditation Standards are intended to provide a structured approach to the management of quality and represent clear statements of expected performance. They do not provide an instruction or recipe for satisfying expectations but, rather, opportunities to pursue quality in ways that best suit the characteristics of each individual residential care service and the needs of its residents. It is not expected that all residential care services should respond to a standard in the same way. (2) The Accreditation Standards apply equally for the benefit of each resident of a residential care service, irrespective of the resident’s financial status, applicable fees and charges, amount of residential care subsidy payable, agreements entered into, or any other matter.
This Part sets out Home Care Standards. Home Care Standards are standards for quality of care and quality of life for the provision of home care.
(1) The Home Care Standards are the Home Care Common Standards set out in Schedule 5. (2) The standards set out in Schedule 5 deal with the following matters: (a) effective management; (b) appropriate access and service delivery; and (c) service user rights and responsibilities. (3) The home care standard for a matter consists of: (a) the Principle for the matter; and (b) the expected outcome for each matter indicator for the matter.
This Division specifies the care and services that an approved provider of a residential care service must provide.
This Division specifies the care and services that an approved provider of a residential care service must provide.
(1) An approved provider of a residential care service must, for each item in Schedule 1, provide the care or service stated in column 2 of the item to any resident who needs it. (1A) The care or service must be provided by the approved provider in a way that meets the Accreditation Standards set out in Schedule 2. (2) If there is an entry in column 3 of an item in Schedule 1, the care or service mentioned in column 2 of the item consists of the matter stated in column 3. (3) However, the services stated in Part 3 of Schedule 1 are required only for the following residents: (a) a resident who on 19 March 2008 was receiving a high level of residential care (as defined in the Act on 19 March 2008); or (b) a resident who is receiving a high level of residential care (as defined in the Act on 19 March 2008); or (c) a resident who is receiving a high level of residential care (as defined in the Act on or after 1 January 2010); or (d) a resident who: (i) on 31 December 2009, was receiving a high level of residential care (as defined in the Act on 31 December 2009); and (ii) on or after 1 January 2010, would be ineligible to receive a high level of residential care solely because of the amendment to the definition of high level of residential care made on 1 January 2010; and (iii) is receiving residential care from the same aged care service from which the resident was receiving care on 31 December 2009.
Note: The Act defines high level of residential care as having the meaning given by the Classification Principles. The definition of high level of residential care in the Classification Principles 1997 was amended on 20 March 2008 and 1 January 2010.
(4) For residents described in paragraph 18.6(3)(d), if initial and on‑going assessment, planning and management of care for residents (nursing services as described in Item 3.8 of Part 3 of Schedule 1) is required, it must be carried out by a registered nurse.
This Division specifies other responsibilities of an approved provider of a residential care service in relation to the quality of the aged care that the approved provider provides.
This Division specifies other responsibilities of an approved provider of a residential care service in relation to the quality of the aged care that the approved provider provides.
(1) An approved provider must give to the Secretary a notice (a fire safety exception notice) if the approved provider is notified by a State, Territory or local government authority that the approved provider is, in respect of a residential care service operated by the approved provider, non‑compliant with any applicable State or Territory laws (including local by‑laws) relating to fire safety. (2) The fire safety exception notice must: (a) be in a form approved by the Secretary; and (b) include all the information required by the form; and (c) not contain false or misleading information; and (d) be signed by one of the approved provider’s key personnel, being a person who is authorised by the approved provider to sign the notice. (3) A fire safety exception notice must be given to the Secretary within 28 days of the approved provider being notified by the State, Territory or local government authority of the non‑compliance referred to in subsection (1).
This Division specifies the care and services that an approved provider of a home care service may provide.
This Division specifies the care and services that an approved provider of a home care service may provide.
This is an opening excerpt, not the complete document.