Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Aged Care Quality Agency
Bill 2013
No. , 2013
(Health and Ageing)
A Bill for an Act to establish the Australian Aged
Care Quality Agency, and for related purposes
i Australian Aged Care Quality Agency Bill 2013 No. , 2013
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Definitions ......................................................................................... 2
4
Vacancy in the office of an Advisory Council member ..................... 4
5
Crown to be bound ............................................................................. 4
6
Extension to external Territories ........................................................ 4
Part 2--Australian Aged Care Quality Agency
5
7
Establishment ..................................................................................... 5
8
Constitution........................................................................................ 5
9
Function ............................................................................................. 5
10
Quality Agency to have the privileges and immunities of the
Crown ................................................................................................ 5
Part 3--Chief Executive Officer, staff and consultants
6
Division 1--Function and powers of the CEO
6
11
Chief Executive Officer ..................................................................... 6
12
Functions of the CEO ........................................................................ 6
13
Powers of the CEO ............................................................................ 7
14
Minister may give directions to the CEO ........................................... 7
15
Fees .................................................................................................... 7
Division 2--Appointment of the CEO
8
16
Appointment ...................................................................................... 8
17
Term of appointment ......................................................................... 8
18
Acting CEO ....................................................................................... 8
Division 3--Terms and conditions of the CEO's appointment
9
19
Remuneration and allowances ........................................................... 9
20
Leave of absence ................................................................................ 9
21
Outside employment .......................................................................... 9
22
Disclosure of interests ........................................................................ 9
23
Other terms and conditions .............................................................. 10
24
Resignation ...................................................................................... 10
25
Termination of appointment ............................................................ 10
Division 4--Staff and consultants
11
26
Staff ................................................................................................. 11
27
Persons assisting the CEO ............................................................... 11
28
Consultants ...................................................................................... 12
Australian Aged Care Quality Agency Bill 2013 No. , 2013 ii
Part 4--Aged Care Quality Advisory Council
13
29
Establishment of the Aged Care Quality Advisory Council ............ 13
30
Functions of the Advisory Council .................................................. 13
31
Membership of the Advisory Council .............................................. 13
32
Appointment of Advisory Council members ................................... 13
33
Procedures of the Advisory Council ................................................ 14
34
Acting appointments--Chair ........................................................... 14
35
Acting appointments--members other than the Chair ..................... 15
36
Remuneration and allowances ......................................................... 15
37
Leave of absence .............................................................................. 16
38
Resignation ...................................................................................... 16
39
Disclosure of interests to the Minister ............................................. 17
40
Disclosure of interests to the Advisory Council .............................. 17
41
Termination of appointment ............................................................ 18
42
Other terms and conditions .............................................................. 18
Part 5--Strategic and annual operational plans
19
43
Strategic plans .................................................................................. 19
44
Annual operational plans ................................................................. 19
Part 6--Reporting requirements
21
45
Minister may require CEO to prepare reports or give
information ...................................................................................... 21
46
Keeping the Minister informed ........................................................ 21
47
Annual report ................................................................................... 22
Part 7--Protected information
23
48
Use of protected information ........................................................... 23
49
Disclosure of protected information for other purposes ................... 23
50
Limits on use of protected information disclosed by the CEO ........ 25
51
Disclosure to court ........................................................................... 25
52
Information about an aged care service ........................................... 25
Part 8--Miscellaneous
27
53
Quality Agency Principles ............................................................... 27
54
Delegation by the CEO .................................................................... 27
55
Regulations ...................................................................................... 27
Australian Aged Care Quality Agency Bill 2013 No. , 2013 1
A Bill for an Act to establish the Australian Aged
1
Care Quality Agency, and for related purposes
2
The Parliament of Australia enacts:
3
Part 1--Preliminary
4
5
1 Short title
6
This Act may be cited as the Australian Aged Care Quality Agency
7
Act 2013.
8
2 Commencement
9
This Act commences on 1 January 2014.
10
Part 1 Preliminary
Section 3
2 Australian Aged Care Quality Agency Bill 2013 No. , 2013
3 Definitions
1
In this Act:
2
Accreditation Standards means the Accreditation Standards set out
3
in the Quality of Care Principles made under section 96-1 of the
4
Aged Care Act 1997.
5
Advisory Council means the Aged Care Quality Advisory Council
6
established by section 29.
7
Advisory Council member means a member of the Advisory
8
Council and includes the Chair of the Advisory Council.
9
aged care has the meaning given by the Dictionary in Schedule 1
10
to the Aged Care Act 1997.
11
Aged Care Commissioner means the Aged Care Commissioner
12
holding office under Part 6.6 of the Aged Care Act 1997.
13
Aged Care Pricing Commissioner means the Aged Care Pricing
14
Commissioner holding office under Part 6.7 of the Aged Care Act
15
1997.
16
aged care service has the meaning given by the Dictionary in
17
Schedule 1 to the Aged Care Act 1997.
18
approved provider has the meaning given by the Dictionary in
19
Schedule 1 to the Aged Care Act 1997.
20
care recipient means a person approved under Part 2.3 of the Aged
21
Care Act 1997 as a recipient of aged care.
22
CEO: see Chief Executive Officer.
23
Chair means the Chair of the Advisory Council.
24
Chief Executive Officer or CEO means the Chief Executive
25
Officer of the Quality Agency.
26
home care has the meaning given by the Dictionary in Schedule 1
27
to the Aged Care Act 1997.
28
Preliminary Part 1
Section 3
Australian Aged Care Quality Agency Bill 2013 No. , 2013 3
home care service has the meaning given by the Dictionary in
1
Schedule 1 to the Aged Care Act 1997.
2
Home Care Standards means the Home Care Standards set out in
3
the Quality of Care Principles made under section 96-1 of the Aged
4
Care Act 1997.
5
people with special needs has the meaning given by section 11-3
6
of the Aged Care Act 1997.
7
personal information means information or an opinion (including
8
information or an opinion forming part of a database), whether true
9
or not, and whether recorded in a material form or not, about an
10
individual whose identity is apparent, or can reasonably be
11
ascertained, from the information or opinion.
12
protected information is information that:
13
(a) was acquired in the performance of the functions of the CEO
14
or the Advisory Council; and
15
(b) either:
16
(i) is personal information; or
17
(ii) relates to the affairs of an approved provider.
18
Quality Agency means the Australian Aged Care Quality Agency
19
established by section 7.
20
Quality Agency Principles means the Principles made under
21
section 53.
22
quality assessor means a person registered as a quality assessor in
23
accordance with the Quality Agency Principles.
24
residential care has the meaning given by the Dictionary in
25
Schedule 1 to the Aged Care Act 1997.
26
residential care service has the meaning given by the Dictionary in
27
Schedule 1 to the Aged Care Act 1997.
28
Secretary means the Secretary of the Department.
29
vacancy, in relation to the office of an Advisory Council member,
30
has a meaning affected by section 4.
31
Part 1 Preliminary
Section 4
4 Australian Aged Care Quality Agency Bill 2013 No. , 2013
4 Vacancy in the office of an Advisory Council member
1
For the purposes of a reference in:
2
(a) this Act to a vacancy in the office of an Advisory Council
3
member; or
4
(b) the Acts Interpretation Act 1901 to a vacancy in the
5
membership of a body;
6
there are taken to be 10 offices of Advisory Council members in
7
addition to the Chair.
8
5 Crown to be bound
9
This Act binds the Crown in each of its capacities.
10
6 Extension to external Territories
11
(1) This Act applies in all the States and Territories.
12
(2) However, this Act does not apply in any external Territory, except
13
the Territory of Christmas Island and the Territory of Cocos
14
(Keeling) Islands.
15
Australian Aged Care Quality Agency Part 2
Section 7
Australian Aged Care Quality Agency Bill 2013 No. , 2013 5
Part 2--Australian Aged Care Quality Agency
1
2
7 Establishment
3
The Australian Aged Care Quality Agency is established by this
4
section.
5
8 Constitution
6
The Quality Agency consists of:
7
(a) the CEO; and
8
(b) the staff of the Quality Agency.
9
Note:
The Quality Agency does not have a legal identity separate from the
10
Commonwealth.
11
9 Function
12
The Quality Agency's function is to assist the CEO in the
13
performance of the CEO's functions.
14
10 Quality Agency to have the privileges and immunities of the
15
Crown
16
The Quality Agency has the privileges and immunities of the
17
Crown.
18
Part 3 Chief Executive Officer, staff and consultants
Division 1 Function and powers of the CEO
Section 11
6 Australian Aged Care Quality Agency Bill 2013 No. , 2013
Part 3--Chief Executive Officer, staff and
1
consultants
2
Division 1--Function and powers of the CEO
3
11 Chief Executive Officer
4
There is to be a Chief Executive Officer of the Quality Agency.
5
12 Functions of the CEO
6
The CEO has the following functions:
7
(a) to accredit residential care services in accordance with the
8
Quality Agency Principles, and the Accreditation Standards
9
made under the Aged Care Act 1997;
10
(b) from 1 July 2014, to conduct the quality review of home care
11
services in accordance with the Quality Agency Principles,
12
and the Home Care Standards made under the Aged Care Act
13
1997;
14
(c) to register quality assessors of residential and home care
15
services in accordance with the Quality Agency Principles;
16
(d) to advise the Secretary about aged care services that do not
17
meet the Accreditation Standards or the Home Care
18
Standards;
19
(e) to promote high quality care, innovation in quality
20
management and continuous improvement amongst approved
21
providers of aged care;
22
(f) to provide information, education and training to approved
23
providers of aged care in accordance with the Quality
24
Agency Principles;
25
(g) such other functions as are conferred on the CEO by this Act,
26
the Aged Care Act 1997 or any other Commonwealth law;
27
(h) such other functions (if any) as are specified by the Minister
28
by legislative instrument;
29
(i) to do anything incidental to or conducive to the performance
30
of any of the above functions.
31
Chief Executive Officer, staff and consultants Part 3
Function and powers of the CEO Division 1
Section 13
Australian Aged Care Quality Agency Bill 2013 No. , 2013 7
13 Powers of the CEO
1
The CEO has the power to do all things necessary or convenient to
2
be done for or in connection with the performance of his or her
3
functions.
4
Note:
The expenditure of public money must comply with the requirements
5
in the Financial Management and Accountability Act 1997.
6
14 Minister may give directions to the CEO
7
(1) The Minister may, by legislative instrument, give directions to the
8
CEO about the performance of the CEO's functions.
9
Note:
For variation and revocation, see subsection 33(3) of the Acts
10
Interpretation Act 1901.
11
(2) Directions given by the Minister under subsection (1) must be of a
12
general nature only.
13
(3) The CEO must comply with a direction given by the Minister
14
under subsection (1).
15
(4) Subsection (3) does not apply to the extent that the direction relates
16
to the CEO's performance of functions or exercise of powers under
17
the Public Service Act 1999 in relation to the Quality Agency.
18
Note 1:
Section 42 (disallowance) of the Legislative Instruments Act 2003
19
does not apply to the direction: see section 44 of that Act.
20
Note 2:
Part 6 (sunsetting) of the Legislative Instruments Act 2003 does not
21
apply to the direction: see section 54 of that Act.
22
15 Fees
23
(1) The CEO may charge fees for services provided by the CEO in
24
performing his or her functions.
25
(2) A fee must not be such as to amount to taxation.
26
Part 3 Chief Executive Officer, staff and consultants
Division 2 Appointment of the CEO
Section 16
8 Australian Aged Care Quality Agency Bill 2013 No. , 2013
Division 2--Appointment of the CEO
1
16 Appointment
2
(1) The CEO is to be appointed by the Minister by written instrument,
3
on a full-time basis.
4
(2) The appointment of a person as CEO is not invalid merely because
5
of a defect or irregularity in connection with the person's
6
appointment.
7
17 Term of appointment
8
The CEO holds office for the period specified in the instrument of
9
appointment. The period must not exceed 5 years.
10
Note:
The CEO is eligible for reappointment: see section 33AA of the Acts
11
Interpretation Act 1901.
12
18 Acting CEO
13
The Minister may appoint a person to act as CEO:
14
(a) during a vacancy in the office of CEO, whether or not an
15
appointment has previously been made to that office; or
16
(b) during any period, or during all periods, when the CEO is
17
absent from duty or from Australia or is, for any other reason,
18
unable to perform the duties of the office of CEO.
19
Chief Executive Officer, staff and consultants Part 3
Terms and conditions of the CEO's appointment Division 3
Section 19
Australian Aged Care Quality Agency Bill 2013 No. , 2013 9
Division 3--Terms and conditions of the CEO's
1
appointment
2
19 Remuneration and allowances
3
(1) The CEO is to be paid the remuneration that is determined by the
4
Remuneration Tribunal. If no determination of that remuneration
5
by the Tribunal is in operation, the CEO is to be paid the
6
remuneration that is prescribed by the regulations.
7
(2) The CEO is to be paid the allowances that are prescribed by the
8
regulations.
9
(3) This section has effect subject to the Remuneration Tribunal Act
10
1973.
11
20 Leave of absence
12
(1) The CEO has the recreation leave entitlements that are determined
13
by the Remuneration Tribunal.
14
(2) The Minister may grant to the CEO leave of absence, other than
15
recreation leave, on the terms and conditions as to remuneration or
16
otherwise that the Minister determines in writing.
17
21 Outside employment
18
The CEO must not engage in paid employment outside the duties
19
of his or her office without the Minister's approval.
20
22 Disclosure of interests
21
The CEO must give written notice to the Minister of all interests,
22
pecuniary or otherwise, that the CEO has or acquires and that
23
conflict or could conflict with the proper performance of the
24
CEO's functions.
25
Part 3 Chief Executive Officer, staff and consultants
Division 3 Terms and conditions of the CEO's appointment
Section 23
10 Australian Aged Care Quality Agency Bill 2013 No. , 2013
23 Other terms and conditions
1
The CEO holds office on the terms and conditions (if any) in
2
relation to matters not covered by this Act that are determined, in
3
writing, by the Minister.
4
24 Resignation
5
(1) The CEO may resign his or her appointment by giving the Minister
6
a signed notice of resignation.
7
(2) The resignation takes effect on the day it is received by the
8
Minister or, if a later day is specified in the resignation, on that
9
later day.
10
25 Termination of appointment
11
(1) The Minister may terminate the appointment of the CEO:
12
(a) for misbehaviour; or
13
(b) if the CEO:
14
(i) is unable to perform the duties of his or her office
15
because of physical or mental incapacity; or
16
(ii) is absent, except on leave of absence, for 14 consecutive
17
days or for 28 days in any 12 months; or
18
(iii) engages, without the Minister's approval, in paid
19
employment outside the duties of his or her office (see
20
section 21); or
21
(iv) fails, without reasonable excuse, to comply with
22
section 22.
23
(2) The Minister must terminate the appointment of the CEO if the
24
CEO:
25
(a) becomes bankrupt; or
26
(b) applies to take the benefit of any law for the relief of
27
bankrupt or insolvent debtors; or
28
(c) compounds with his or her creditors; or
29
(d) makes an assignment of his or her remuneration for the
30
benefit of his or her creditors.
31
Chief Executive Officer, staff and consultants Part 3
Staff and consultants Division 4
Section 26
Australian Aged Care Quality Agency Bill 2013 No. , 2013 11
Division 4--Staff and consultants
1
26 Staff
2
(1) The staff of the Quality Agency are to be persons engaged under
3
the Public Service Act 1999.
4
(2) For the purposes of the Public Service Act 1999:
5
(a) the CEO and the staff of the Quality Agency together
6
constitute a Statutory Agency; and
7
(b) the CEO is the Head of that Statutory Agency.
8
27 Persons assisting the CEO
9
(1) The CEO may also be assisted by:
10
(a) officers and employees of Agencies (within the meaning of
11
the Public Service Act 1999), and of authorities of the
12
Commonwealth, whose services are made available to the
13
Quality Agency in connection with the performance of any of
14
its functions; and
15
(b) persons whose services are so made available under
16
arrangements made under subsection (2).
17
(2) The CEO may, on behalf of the Commonwealth, make an
18
arrangement with the appropriate authority or officer of a State or
19
Territory government or government authority under which the
20
government or government authority makes officers or employees
21
available to the CEO to perform services in connection with the
22
performance of any of the CEO's functions.
23
(3) An arrangement under subsection (2) may provide for the
24
Commonwealth to reimburse a State or Territory with respect to
25
the services of a person or persons to whom the arrangement
26
relates.
27
(4) When performing services for the CEO under this section, a person
28
is subject to the directions of the CEO.
29
Part 3 Chief Executive Officer, staff and consultants
Division 4 Staff and consultants
Section 28
12 Australian Aged Care Quality Agency Bill 2013 No. , 2013
28 Consultants
1
(1) The CEO may, on behalf of the Commonwealth, engage persons
2
having suitable qualifications and experience as consultants to the
3
CEO.
4
(2) The consultants are to be engaged on the terms and conditions that
5
the CEO determines in writing.
6
Aged Care Quality Advisory Council Part 4
Section 29
Australian Aged Care Quality Agency Bill 2013 No. , 2013 13
Part 4--Aged Care Quality Advisory Council
1
2
29 Establishment of the Aged Care Quality Advisory Council
3
The Aged Care Quality Advisory Council is established by this
4
section.
5
30 Functions of the Advisory Council
6
The Advisory Council's functions are:
7
(a) on its own initiative, to provide advice to the CEO in relation
8
to the CEO's functions; and
9
(b) at the request of the CEO, to provide advice to the CEO in
10
relation to the CEO's functions; and
11
(c) at the request of the Minister, to provide advice to the
12
Minister in relation to the operations of the Quality Agency
13
and matters relating to the performance of the CEO's
14
functions.
15
31 Membership of the Advisory Council
16
The Advisory Council consists of the following members:
17
(a) a Chair;
18
(b) at least 6, and not more than 10, other members.
19
32 Appointment of Advisory Council members
20
(1) Each Advisory Council member is to be appointed by the Minister
21
by written instrument.
22
(2) An Advisory Council member holds office for the period specified
23
in the instrument of appointment. The period must not exceed 3
24
years.
25
Note:
An Advisory Council member may be reappointed: see section 33AA
26
of the Acts Interpretation Act 1901.
27
(3) An Advisory Council member holds office on a part-time basis.
28
Part 4 Aged Care Quality Advisory Council
Section 33
14 Australian Aged Care Quality Agency Bill 2013 No. , 2013
(4) A person is not eligible for appointment to the Advisory Council
1
unless the Minister is satisfied that the person has substantial
2
experience or knowledge in at least one of the following fields:
3
(a) evaluation of quality management systems;
4
(b) provision of aged care, including provision of aged care to
5
people with special needs;
6
(c) aged care consumer issues;
7
(d) geriatrics;
8
(e) gerontology;
9
(f) aged care nursing;
10
(g) psychiatry of the older person;
11
(h) adult education;
12
(i) public administration;
13
(j) management;
14
(k) law;
15
(l) health consumer issues;
16
(m) any other appropriate field of expertise.
17
33 Procedures of the Advisory Council
18
(1) The Minister may give the Advisory Council written directions
19
about:
20
(a) the way in which the Advisory Council is to carry out its
21
functions; and
22
(b) procedures to be followed in relation to meetings.
23
Note:
For variation and revocation, see subsection 33(3) of the Acts
24
Interpretation Act 1901.
25
(2) A direction given under subsection (2) is not a legislative
26
instrument.
27
34 Acting appointments--Chair
28
(1) The Minister may appoint a person to act as the Chair of the
29
Advisory Council:
30
(a) during a vacancy in the office of the Chair of the Advisory
31
Council (whether or not an appointment has previously been
32
made to the office); or
33
Aged Care Quality Advisory Council Part 4
Section 35
Australian Aged Care Quality Agency Bill 2013 No. , 2013 15
(b) during any period, or during all periods, when the Chair of
1
the Advisory Council:
2
(i) is absent from duty or from Australia; or
3
(ii) is, for any reason, unable to perform the duties of the
4
office.
5
Note:
For rules that apply to acting appointments, see sections 33AB and
6
33A of the Acts Interpretation Act 1901.
7
(2) A person is not eligible for appointment to act as the Chair of the
8
Advisory Council unless the person is eligible for appointment as
9
an Advisory Council member.
10
Note:
See subsection 32(4).
11
35 Acting appointments--members other than the Chair
12
(1) The Minister may appoint a person to act as an Advisory Council
13
member (other than the Chair):
14
(a) during a vacancy in the office of an Advisory Council
15
member (other than the Chair), whether or not an
16
appointment has previously been made to the office; or
17
(b) during any period, or during all periods, when an Advisory
18
Council member (other than the Chair):
19
(i) is absent from duty or from Australia; or
20
(ii) is, for any reason, unable to perform the duties of the
21
office.
22
Note:
For rules that apply to acting appointments, see sections 33AB and
23
33A of the Acts Interpretation Act 1901.
24
(2) A person is not eligible for appointment to act as an Advisory
25
Council member unless the person is eligible for appointment as an
26
Advisory Council member.
27
Note:
See subsection 32(4).
28
36 Remuneration and allowances
29
(1) An Advisory Council member is to be paid the remuneration that is
30
determined by the Remuneration Tribunal. If no determination of
31
that remuneration by the Tribunal is in operation, the member is to
32
be paid the remuneration that is prescribed by the regulations.
33
Part 4 Aged Care Quality Advisory Council
Section 37
16 Australian Aged Care Quality Agency Bill 2013 No. , 2013
(2) However, an Advisory Council member is not entitled to be paid
1
remuneration if he or she holds an office or appointment, or is
2
otherwise employed, on a full-time basis in the service or
3
employment of:
4
(a) a State; or
5
(b) a corporation (a public statutory corporation) that:
6
(i) is established for a public purpose by a law of a State;
7
and
8
(ii) is not a tertiary education institution; or
9
(c) a company limited by guarantee, where the interests and
10
rights of the members in or in relation to the company are
11
beneficially owned by a State; or
12
(d) a company in which all the stock or shares are beneficially
13
owned by a State or by a public statutory corporation.
14
Note:
A similar rule applies to an Advisory Council member who has a
15
similar relationship with the Commonwealth or a Territory: see
16
subsection 7(11) of the Remuneration Tribunal Act 1973.
17
(3) An Advisory Council member is to be paid the allowances that are
18
prescribed by the regulations.
19
(4) This section (other than subsection (2)) has effect subject to the
20
Remuneration Tribunal Act 1973.
21
37 Leave of absence
22
(1) The Chair of the Advisory Council may grant leave of absence to
23
any other Advisory Council member on the terms and conditions
24
that the Chair determines.
25
(2) The Minister may grant leave of absence to the Chair of the
26
Advisory Council on the terms and conditions that the Minister
27
determines.
28
38 Resignation
29
(1) An Advisory Council member may resign his or her appointment
30
by giving the Minister a written resignation.
31
Aged Care Quality Advisory Council Part 4
Section 39
Australian Aged Care Quality Agency Bill 2013 No. , 2013 17
(2) The resignation takes effect on the day it is received by the
1
Minister or, if a later day is specified in the resignation, on that
2
later day.
3
39 Disclosure of interests to the Minister
4
An Advisory Council member must give written notice to the
5
Minister of all interests, pecuniary or otherwise, that the member
6
has or acquires and that conflict or could conflict with the proper
7
performance of the member's functions.
8
40 Disclosure of interests to the Advisory Council
9
(1) An Advisory Council member who has an interest, pecuniary or
10
otherwise, in a matter being considered or about to be considered
11
by the Advisory Council must disclose the nature of the interest to
12
a meeting of the Advisory Council.
13
(2) The disclosure must be made as soon as possible after the relevant
14
facts have come to the member's knowledge.
15
(3) The disclosure must be recorded in the minutes of the meeting of
16
the Advisory Council.
17
(4) Unless the Advisory Council otherwise determines, the Advisory
18
Council member:
19
(a) must not be present during any deliberation by the Advisory
20
Council on the matter; and
21
(b) must not take part in any decision of the Advisory Council
22
with respect to the matter.
23
(5) For the purposes of making a determination under subsection (4),
24
the Advisory Council member:
25
(a) must not be present during any deliberation of the Advisory
26
Council for the purpose of making the determination; and
27
(b) must not take part in making the determination.
28
(6) A determination under subsection (4) must be recorded in the
29
minutes of the meeting of the Advisory Council.
30
Part 4 Aged Care Quality Advisory Council
Section 41
18 Australian Aged Care Quality Agency Bill 2013 No. , 2013
41 Termination of appointment
1
(1) The Minister may terminate the appointment of an Advisory
2
Council member:
3
(a) for misbehaviour; or
4
(b) if the member:
5
(i) is unable to perform the duties of his or her office
6
because of physical or mental incapacity; or
7
(ii) is absent, except on leave of absence, from 3
8
consecutive meetings of the Advisory Council; or
9
(iii) fails, without reasonable excuse, to comply with
10
section 39 or 40.
11
(2) The Minister must terminate the appointment of an Advisory
12
Council member if the member:
13
(a) becomes bankrupt; or
14
(b) applies to take the benefit of any law for the relief of
15
bankrupt or insolvent debtors; or
16
(c) compounds with his or her creditors; or
17
(d) makes an assignment of his or her remuneration for the
18
benefit of his or her creditors.
19
42 Other terms and conditions
20
An Advisory Council member holds office on the terms and
21
conditions (if any) in relation to matters not covered by this Act
22
that are determined, in writing, by the Minister.
23
Strategic and annual operational plans Part 5
Section 43
Australian Aged Care Quality Agency Bill 2013 No. , 2013 19
Part 5--Strategic and annual operational plans
1
2
43 Strategic plans
3
(1) The CEO must give the Minister a written strategic plan for:
4
(a) the period beginning on the day this Act commences and
5
ending on 30 June 2016; and
6
(b) each following 3-year period.
7
(2) The plan must:
8
(a) define the CEO's principal objectives in performing his or
9
her functions during the period; and
10
(b) give a broad outline of the strategies to be pursued by the
11
CEO to achieve those objectives.
12
(3) In preparing the plan, the CEO must consult the Minister and the
13
Advisory Council.
14
(4) The plan is not a legislative instrument.
15
44 Annual operational plans
16
(1) The CEO must give the Minister a written annual operational plan
17
for:
18
(a) the period beginning on the day this Act commences and
19
ending on 30 June 2015; and
20
(b) each following 12-month period.
21
(2) The plan must:
22
(a) set out particulars of the action that the CEO intends to take
23
during the period to give effect to, or further, the objectives
24
set out in the plan; and
25
(b) set out the CEO's priorities for work to be undertaken during
26
the period; and
27
(c) set out how the CEO will apply the resources of the Quality
28
Agency to achieve those objectives; and
29
Part 5 Strategic and annual operational plans
Section 44
20 Australian Aged Care Quality Agency Bill 2013 No. , 2013
(d) include an assessment of risks faced by the Quality Agency
1
for the period together with a plan to manage those risks; and
2
(e) include such performance indicators as the CEO considers
3
appropriate for assessing the performance of the Quality
4
Agency during the period.
5
(3) In preparing the plan, the CEO must consult the Minister and the
6
Advisory Council.
7
(4) The plan is not a legislative instrument.
8
Reporting requirements Part 6
Section 45
Australian Aged Care Quality Agency Bill 2013 No. , 2013 21
Part 6--Reporting requirements
1
2
45 Minister may require CEO to prepare reports or give
3
information
4
Reports
5
(1) The Minister may, by written notice given to the CEO, require the
6
CEO to:
7
(a) prepare a report about one or more specified matters relating
8
to the performance of the CEO's functions; and
9
(b) give copies of the report to the Minister within the period
10
specified in the notice.
11
Information
12
(2) The Minister may, by written notice given to the CEO, require the
13
CEO to:
14
(a) prepare a document setting out specified information relating
15
to the performance of the CEO's functions; and
16
(b) give copies of the document to the Minister within the period
17
specified in the notice.
18
Compliance
19
(3) The CEO must comply with a requirement under subsection (1) or
20
(2).
21
Publication of reports and documents
22
(4) The Minister may publish (whether on the internet or otherwise):
23
(a) a report required under subsection (1); or
24
(b) a document required under subsection (2).
25
46 Keeping the Minister informed
26
(1) The CEO must keep the Minister informed of the operations of the
27
Quality Agency.
28
Part 6 Reporting requirements
Section 47
22 Australian Aged Care Quality Agency Bill 2013 No. , 2013
(2) The CEO must give the Minister such reports, documents and
1
information in relation to those operations as are appropriate.
2
47 Annual report
3
Annual report to be given to Minister
4
(1) The CEO must, as soon as practicable after 30 June in each
5
financial year, prepare and give to the Minister an annual report for
6
presentation to the Parliament relating to the performance of the
7
CEO's functions during the year.
8
Note:
See also section 34C of the Acts Interpretation Act 1901, which
9
contains provisions about annual reports.
10
Contents of annual report
11
(2) The CEO must include the following in the annual report:
12
(a) an assessment of the extent to which the Quality Agency's
13
operations during the year have contributed:
14
(i) to the objectives set out in the strategic plan applicable
15
for the year; and
16
(ii) to the priorities set out in the annual operational plan for
17
the year;
18
(b) particulars of variations (if any) of the strategic plan and the
19
annual operational plan taking effect during the year;
20
(c) an evaluation of the Quality Agency's overall performance
21
during the year against the performance indicators set out in
22
the annual operational plan for the year;
23
(d) the financial statements required by section 49 of the
24
Financial Management and Accountability Act 1997;
25
(e) an audit report on those statements under section 57 of the
26
Financial Management and Accountability Act 1997.
27
Protected information Part 7
Section 48
Australian Aged Care Quality Agency Bill 2013 No. , 2013 23
Part 7--Protected information
1
2
48 Use of protected information
3
(1) A person commits an offence if:
4
(a) the person makes a record of, discloses or otherwise uses
5
information; and
6
(b) the information is protected information; and
7
(c) the information was acquired by the person in the course of
8
performing duties or exercising powers or functions under
9
this Act.
10
Penalty: Imprisonment for 2 years.
11
(2) This section does not apply to:
12
(a) conduct that is carried out in the performance of a function or
13
duty under this Act or the Aged Care Act 1997 or the exercise
14
of a power under, or in relation to, this Act or the Aged Care
15
Act 1997; or
16
(b) the disclosure of protected information only to the person to
17
whom it relates; or
18
(c) the disclosure of protected information to the Minister or the
19
Secretary; or
20
(d) conduct carried out by an approved provider; or
21
(e) conduct that is authorised by the person to whom the
22
information relates; or
23
(f) conduct that is otherwise authorised under this or any other
24
Act.
25
Note:
A defendant bears an evidential burden in relation to the matters in
26
subsection (2) (see subsection 13.3(3) of the Criminal Code).
27
49 Disclosure of protected information for other purposes
28
The CEO may disclose protected information:
29
(a) if the CEO certifies, in writing, that it is necessary in the
30
public interest to do so in a particular case--to such people
31
and for such purposes as the CEO determines; and
32
Part 7 Protected information
Section 49
24 Australian Aged Care Quality Agency Bill 2013 No. , 2013
(b) to a person who is, in the opinion of the CEO, expressly or
1
impliedly authorised by the person to whom the information
2
relates to obtain it; and
3
(c) to the Chief Executive Medicare for the purposes of payment
4
of subsidies under the Aged Care Act 1997; and
5
(d) if the CEO believes, on reasonable grounds, that disclosure is
6
necessary to prevent or lessen a serious risk to the safety,
7
health or well-being of a care recipient--to such people as
8
the CEO determines, for the purpose of preventing or
9
lessening the risk; and
10
(e) if the CEO believes, on reasonable grounds, that:
11
(i) a person's conduct breaches the standards of
12
professional conduct of a profession of which the person
13
is a member; and
14
(ii) the person should be reported to a body responsible for
15
standards of conduct in the profession;
16
to that body, for the purposes of maintaining standards of
17
professional conduct in the profession; and
18
(f) if a person has temporarily taken over the provision of care
19
through a particular service to care recipients--to the person
20
for the purposes of enabling the person properly to provide
21
that care; and
22
(g) if the CEO believes, on reasonable grounds, that disclosure of
23
the information is necessary for:
24
(i) enforcement of the criminal law; or
25
(ii) enforcement of a law imposing a pecuniary penalty; or
26
(iii) protection of the public revenue;
27
to an agency whose functions include that enforcement or
28
protection, for the purposes of that enforcement or protection;
29
and
30
(h) to the Aged Care Commissioner, if the CEO believes, on
31
reasonable grounds, that disclosure of the information is
32
necessary to assist the Aged Care Commissioner to perform
33
his or her functions under the Aged Care Act 1997; and
34
(i) to the Aged Care Pricing Commissioner, if the CEO believes,
35
on reasonable grounds, that disclosure of the information is
36
necessary to assist the Aged Care Pricing Commissioner to
37
Protected information Part 7
Section 50
Australian Aged Care Quality Agency Bill 2013 No. , 2013 25
perform his or her functions under the Aged Care Act 1997;
1
and
2
(j) to a person of a kind specified in the Quality Agency
3
Principles, for the purposes specified in those Principles in
4
relation to persons of that kind.
5
50 Limits on use of protected information disclosed by the CEO
6
A person commits an offence if:
7
(a) the person makes a record of, discloses or otherwise uses
8
information; and
9
(b) the information is information disclosed to the person under
10
section 49; and
11
(c) the purpose for which the person makes a record of, discloses
12
or otherwise uses the information is not the purpose for
13
which the information was disclosed.
14
Penalty: Imprisonment for 2 years.
15
51 Disclosure to court
16
A court, or any other body or person that has power to require the
17
production of documents or the answering of questions, may
18
require a person to disclose protected information only if one of the
19
following applies:
20
(a) the disclosure is required for the purposes of this Act or the
21
Aged Care Act 1997;
22
(b) the information was originally disclosed to the person under
23
section 49 and the disclosure is required for the purpose for
24
which it was disclosed under that section;
25
(c) the person to whom the information relates has consented, in
26
writing, to the disclosure.
27
52 Information about an aged care service
28
(1) The CEO may make publicly available the following information
29
about an aged care service:
30
(a) the name and address of the service;
31
(b) the number of places included in the service;
32
Part 7 Protected information
Section 52
26 Australian Aged Care Quality Agency Bill 2013 No. , 2013
(c) the services provided by the service;
1
(d) the facilities and activities available to care recipients
2
receiving care through the service;
3
(e) the name of the approved provider of the service;
4
(f) information about the variety and type of service provided by
5
approved providers;
6
(g) information about the service's status under this Act or the
7
Aged Care Act 1997 (for example, the service's accreditation
8
record);
9
(h) information about the approved provider's performance in
10
relation to responsibilities and standards under this Act or the
11
Aged Care Act 1997;
12
(i) any other information of a kind specified in the Quality
13
Agency Principles for the purposes of this section.
14
(2) Information disclosed under subsection (1) must not include
15
personal information.
16
Miscellaneous Part 8
Section 53
Australian Aged Care Quality Agency Bill 2013 No. , 2013 27
Part 8--Miscellaneous
1
2
53 Quality Agency Principles
3
(1) The Minister may, by legislative instrument, make Quality Agency
4
Principles providing for matters:
5
(a) required or permitted by this Act to be provided; or
6
(b) necessary or convenient to be provided in order to carry out
7
or give effect to this Act.
8
(2) The Quality Agency Principles must not be inconsistent with the
9
Aged Care Act 1997 or the Principles made under that Act.
10
54 Delegation by the CEO
11
(1) The CEO may delegate, in writing, all or any of the CEO's
12
functions and powers under this Act or the Quality Agency
13
Principles to a member of the staff of the Quality Agency.
14
(2) In exercising his or her powers under subsection (1), the CEO is to
15
have regard to the powers to be exercised by the delegate and the
16
responsibilities of the officer to whom the power is delegated.
17
(3) A delegate must comply with any written directions of the CEO.
18
55 Regulations
19
The Governor-General may make regulations prescribing matters:
20
(a) required or permitted by this Act to be prescribed; or
21
(b) necessary or convenient to be prescribed for carrying out or
22
giving effect to this Act.
23
[Index] [Search] [Download] [Related Items] [Help]