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AGED CARE ACT 1997


TABLE OF PROVISIONS

           Long Title

            

CHAPTER 1--Introduction
            

           Division 1--Preliminary matters

   1.1.    Short title  
   1.2.    Commencement  
   1.3.    Identifying defined terms  
   1.4.    Tables of Divisions and Subdivisions do not form part of this Act  
   1.5.    Application to continuing care recipients  

           Division 2--Objects

   2.1.    The objects of this Act  

           Division 3--Overview of this Act

   3.1.    General  
   3.2.    Preliminary matters relating to subsidies (Chapter 2)  
   3.3.    Subsidies  
   3.3A.   Fees and payments  
   3.4.    Responsibilities of approved providers (Chapter 4)  
   3.5.    Grants (Chapter 5)  

           Division 4--Application of this Act

   4.1.    Application of this Act  
   4.2.    Binding the Crown  
            

CHAPTER 2--Preliminary matters relating to subsidies
            

           Division 5--Introduction

   5.1.    What this Chapter is about  
   5.2.    Which approvals etc. may be relevant  

   PART 2.1----APPROVAL OF PROVIDERS

           Division 6--Introduction

   6.1.    What this Part is about  
   6.2.    The Approved Provider Principles  

           Division 7--What is the significance of approval as a provider of aged care

   7.1.    Pre-conditions to receiving subsidy  
   7.2.    Approvals may be restricted  

           Division 8--How does a person become an approved provider

   8.1.    Approval as a provider of aged care  
   8.2.    Applications for approval  
   8.3.    Suitability of people to provide aged care  
   8.3A.   Meaning of key personnel  
   8.4.    Requests for further information  
   8.5.    Notification of Secretary's determination  
   8.6.    States, Territories and local government taken to be approved providers  

           Division 9--What obligations arise from being an approved provider

   9.1A.   Obligation to notify Secretary about home care services  
   9.1.    Obligation to notify certain changes  
   9.2.    Obligation to give information relevant to an approved provider's status when requested  
   9.3.    Obligation to give information relevant to payments  
   9.3A.   Obligation to give information relating to refundable deposits, accommodation bonds, entry contributions etc.  
   9.3B.   Obligation to give information about ability to refund balances  
   9.4.    Obligations while approval is suspended  

           Division 10--When does an approval cease to have effect

   10.1.   Cessation of approvals  
   10.3.   Revocation of approval  

           Division 10A--Disqualified individuals

   10A.1.  Meaning of disqualified individual  
   10A.2.  Disqualified individual must not be one of the key personnel of an approved provider  
   10A.3.  Remedial orders  

   PART 2.2----ALLOCATION OF PLACES

           Division 11--Introduction

   11.1.   What this Part is about  
   11.2.   The Allocation Principles  
   11.3.   Meaning of people with special needs  
   11.4.   Explanation of the allocation process  

           Division 12--How does the Commonwealth plan its allocations of places

   12.1.   The planning process  
   12.2.   Objectives of the planning process  
   12.3.   Minister to determine the number of places available for allocation  
   12.4.   Distributing available places among regions  
   12.5.   Determining proportion of care to be provided to certain groups of people  
   12.6.   Regions  

           Division 13--How do people apply for allocations of places

   13.1.   Applications for allocations of places  
   13.2.   Invitation to apply  
   13.3.   Application fee  
   13.4.   Requests for further information  

           Division 14--How are allocations of places decided

   14.1.   Allocation of places  
   14.2.   Competitive assessment of applications for allocations  
   14.3.   Compliance with the invitation  
   14.4.   Waiver of requirements  
   14.5.   Conditions relating to particular allocations  
   14.6.   Conditions relating to allocations generally  
   14.7.   Allocation of places to services with extra service status  
   14.8.   Notification of allocation  
   14.9.   Allocations in situations of emergency  

           Division 15--When do allocations of places take effect

   15.1.   When allocations take effect  
   15.2.   Provisional allocations  
   15.3.   Applications for determinations  
   15.4.   Variation or revocation of provisional allocations  
   15.5.   Variation of provisional allocations on application  
   15.6.   Surrendering provisional allocations  
   15.7.   Provisional allocation periods  

           Division 16--How are allocated places transferred from one person to another

              Subdivision 16-A--Transfer of places other than provisionally allocated places

   16.1.   Application of this Subdivision  
   16.2.   Transfer notice  
   16.3.   Consideration of notices  
   16.4.   Notice to resolve  
   16.5.   Change to proposed transfer day  
   16.6.   Veto notice  
   16.7.   Transfer of places to service with extra service status  
   16.8.   Transfer day  
   16.9.   Effect of transfer on certain matters  
   16.10.  Information to be given to transferee  
   16.11.  Transferors to provide transferee with certain records  

              Subdivision 16-B--Transfer of provisionally allocated places

   16.12.  Application of this Subdivision  
   16.13.  Transfer notice  
   16.14.  Consideration of notices  
   16.15.  Notice to resolve  
   16.16.  Change to proposed transfer day  
   16.17.  Veto notice  
   16.18.  Transfer of places to service with extra service status  
   16.19.  Transfer day  
   16.20.  Effect of transfer on certain matters  
   16.21.  Information to be given to transferee  

           Division 17--How are the conditions for allocations of places varied

   17.1.   Variation of allocations  
   17.2.   Applications for variation of allocations  
   17.3.   Requests for further information  
   17.4.   Consideration of applications  
   17.5.   Time limit for decisions on applications  
   17.6.   Notice of decisions  
   17.7.   Variation day  
   17.8.   Variation involving relocation of places to service with extra service status  

           Division 18--When do allocations cease to have effect

   18.1.   Cessation of allocations  
   18.2.   Relinquishing places  
   18.3.   Proposals relating to the care needs of care recipients  
   18.4.   Approved providers' obligations relating to the care needs of care recipients  
   18.5.   Revocation of unused allocations of places  

   PART 2.3----APPROVAL OF CARE RECIPIENTS

           Division 19--Introduction

   19.1.   What this Part is about  
   19.2.   The Approval of Care Recipients Principles  

           Division 20--What is the significance of approval as a care recipient

   20.1.   Care recipients must be approved before subsidy can be paid  
   20.2.   Effect of limitation of approvals  

           Division 21--Who is eligible for approval as a care recipient

   21.1.   Eligibility for approval  
   21.2.   Eligibility to receive residential care  
   21.3.   Eligibility to receive home care  
   21.4.   Eligibility to receive flexible care  

           Division 22--How does a person become approved as a care recipient

   22.1.   Approval as a care recipient  
   22.2.   Limitation of approvals  
   22.2A.  Priority for home care services  
   22.3.   Applications for approval  
   22.4.   Assessments of care needs  
   22.5.   Date of effect of approval  
   22.6.   Notification of decisions  

           Division 23--When does an approval cease to have effect

   23.1.   Expiration, lapse or revocation of approvals  
   23.2.   Expiration of time limited approvals  
   23.3.   Circumstances in which approval for flexible care lapses  
   23.4.   Revocation of approvals  

   PART 2.3A----PRIORITISATION OF HOME CARE RECIPIENTS

           Division 23A--Introduction

   23A.1.  What this Part is about  

           Division 23B--Prioritised home care recipients

   23B.1.  Determination that a person is a prioritised home care recipient  
   23B.2.  Variation of level of care in relation to which a person is a prioritised home care recipient  
   23B.3.  Cessation of determinations  
   23B.4.  Use of computer programs to make decisions  

   PART 2.4----CLASSIFICATION OF CARE RECIPIENTS

           Division 24--Introduction

   24.1.   What this Part is about  
   24.2.   The Classification Principles  

           Division 25--How are care recipients classified

   25.1.   Classification of care recipients  
   25.2.   Classification levels  
   25.3.   Appraisals of the level of care needed  
   25.4.   Suspending approved providers from making appraisals and reappraisals  
   25.4A.  Stay of suspension agreements  
   25.4B.  Stayed suspension may take effect  
   25.4C.  Applications for lifting of suspension  
   25.4D.  Requests for further information  
   25.4E.  Notification of Secretary's decision  
   25.5.   Authorisation of another person to make appraisals or reappraisals  

           Division 26--When do classifications take effect

   26.1.   Appraisals received within the appropriate period--care other than respite care  
   26.2.   Appraisals not received within the appropriate period--care other than respite care  
   26.3.   When respite care classifications take effect  

           Division 27--Expiry and renewal of classifications

   27.1.   When do classifications cease to have effect?  
   27.2.   Expiry dates and reappraisal periods  
   27.3.   Reappraisal required by Secretary  
   27.4.   Reappraisal at initiative of approved provider  
   27.5.   Requirements for reappraisals  
   27.6.   Renewal of classifications  
   27.7.   Date of effect of renewal of classification that has an expiry date--reappraisal received during reappraisal period  
   27.8.   Date of effect of renewal of classification that has an expiry date--reappraisal received after reappraisal period  
   27.9.   Date of effect of renewal--reappraisals at initiative of approved provider  

           Division 29--How are classifications changed

   29.1.   Changing classifications  
   29.2.   Date of effect of change  

           Division 29A--Civil penalty for incorrect classifications

   29A.1.  Warning notices  
   29A.2.  Civil penalty  
   29A.3.  When changes are significant  

   PART 2.5----EXTRA SERVICE PLACES

           Division 30--Introduction

   30.1.   What this Part is about  
   30.2.   The Extra Service Principles  
   30.3.   Meaning of distinct part  

           Division 31--When is a place an extra service place

   31.1.   Extra service place  
   31.3.   Effect of allocation or transfer of places to services with extra service status  

           Division 32--How is extra service status granted

   32.1.   Grants of extra service status  
   32.2.   Invitations to apply  
   32.3.   Applications for extra service status  
   32.4.   Criteria to be considered by Secretary  
   32.5.   Competitive assessment of applications  
   32.6.   Application fee  
   32.7.   Maximum proportion of places  
   32.8.   Conditions of grant of extra service status  
   32.9.   Notification of extra service status  

           Division 33--When does extra service status cease

   33.1.   Cessation of extra service status  
   33.3.   Lapsing of extra service status  
   33.4.   Revocation or suspension of extra service status at approved provider's request  

           Division 35--How are extra service fees approved

   35.1.   Approval of extra service fees  
   35.2.   Applications for approval  
   35.3.   Rules about amount of extra service fee  
   35.4.   Notification of decision  

           Division 36--When is residential care provided on an extra service basis

   36.1.   Provision of residential care on extra service basis  
   36.2.   Extra service agreements not to be entered under duress etc.  
   36.3.   Contents of extra service agreements  
   36.4.   Additional protection for existing residents  
            

CHAPTER 3--Subsidies
            

           Division 40--Introduction

   40.1.   What this Chapter is about  

   PART 3.1----RESIDENTIAL CARE SUBSIDY

           Division 41--Introduction

   41.1.   What this Part is about  
   41.2.   The Subsidy Principles  
   41.3.   Meaning of residential care  

           Division 42--Who is eligible for residential care subsidy

   42.1.   Eligibility for residential care subsidy  
   42.2.   Leave from residential care services  
   42.3.   Working out periods of leave  
   42.4.   Accreditation requirement  
   42.5.   Determinations allowing for exceptional circumstances  
   42.6.   Revocation of determinations  
   42.7.   Exceeding the number of places for which there is an allocation  
   42.8.   Notice of refusal to pay residential care subsidy  

           Division 43--How is residential care subsidy paid

   43.1.   Payment of residential care subsidy  
   43.2.   Meaning of payment period  
   43.3.   Advances  
   43.4.   Claims for residential care subsidy  
   43.4A.  Variations of claims for residential care subsidy  
   43.5.   Deductions for fees  
   43.6.   Capital repayment deductions  
   43.8.   Non-compliance deductions  
   43.9.   Recovery of overpayments  

           Division 44--What is the amount of residential care subsidy

   44.1.   What this Division is about  

              Subdivision 44-A--Working out the amount of residential care subsidy

   44.2.   Amount of residential care subsidy  

              Subdivision 44-B--The basic subsidy amount

   44.3.   The basic subsidy amount  

              Subdivision 44-C--Primary supplements

   44.5.   Primary supplements  

              Subdivision 44-D--Reductions in subsidy

   44.17.  Reductions in subsidy  
   44.19.  The adjusted subsidy reduction  
   44.20.  The compensation payment reduction  
   44.20A. Secretary's powers if compensation information is not given  
   44.21.  The care subsidy reduction  
   44.22.  Working out the means tested amount  
   44.23.  Care subsidy reduction taken to be zero in some circumstances  
   44.24.  The care recipient's total assessable income  
   44.26.  The care recipient's total assessable income free area  
   44.26A. The value of a person's assets  
   44.26B. Definitions relating to the value of a person's assets  
   44.26C. Determination of value of person's assets  

              Subdivision 44-F--Other supplements

   44.27.  Other supplements  
   44.28.  The accommodation supplement  
   44.30.  The hardship supplement  
   44.31.  Determining cases of financial hardship  
   44.32.  Revoking determinations of financial hardship  

   PART 3.2----HOME CARE SUBSIDY

           Division 45--Introduction

   45.1.   What this Part is about  
   45.2.   The Subsidy Principles  
   45.3.   Meaning of home care  

           Division 46--Who is eligible for home care subsidy

   46.1.   Eligibility for home care subsidy  
   46.2.   Suspension of home care services  
   46.4.   Notice of refusal to pay home care subsidy  

           Division 47--On what basis is home care subsidy paid

   47.1.   Payability of home care subsidy  
   47.2.   Meaning of payment period  
   47.3.   Advances  
   47.4.   Claims for home care subsidy  
   47.4A.  Variations of claims for home care subsidy  
   47.5.   Recovery of overpayments  

           Division 48--What is the amount of home care subsidy

   48.1.   Amount of home care subsidy  
   48.2.   The basic subsidy amount  
   48.3.   Primary supplements  
   48.4.   Reductions in subsidy  
   48.5.   The compensation payment reduction  
   48.6.   Secretary's powers if compensation information is not given  
   48.7.   The care subsidy reduction  
   48.8.   Care subsidy reduction taken to be zero in some circumstances  
   48.9.   Other supplements  
   48.10.  The hardship supplement  
   48.11.  Determining cases of financial hardship  
   48.12.  Revoking determinations of financial hardship  

   PART 3.3----FLEXIBLE CARE SUBSIDY

           Division 49--Introduction

   49.1.   What this Part is about  
   49.2.   The Subsidy Principles  
   49.3.   Meaning of flexible care  

           Division 50--Who is eligible for flexible care subsidy

   50.1.   Eligibility for flexible care subsidy  
   50.2.   Kinds of care for which flexible care subsidy may be payable  
   50.3.   Exceeding the number of places for which there is an allocation  
   50.4.   Notice of refusal to pay flexible care subsidy  

           Division 51--On what basis is flexible care subsidy paid

   51.1.   Payment of flexible care subsidy  

           Division 52--What is the amount of flexible care subsidy

   52.1.   Amounts of flexible care subsidy  
            

CHAPTER 3A--Fees and payments
            

           Division 52A--Introduction

   52A.1.  What this Chapter is about  

   PART 3A.1----RESIDENT AND HOME CARE FEES

           Division 52B--Introduction

   52B.1.  What this Part is about  
   52B.2.  The Fees and Payments Principles  

           Division 52C--Resident fees

   52C.2.  Rules relating to resident fees  
   52C.3.  Maximum daily amount of resident fees  
   52C.4.  The standard resident contribution  
   52C.5.  Maximum daily amount of resident fees for reserving a place  

           Division 52D--Home care fees

   52D.1.  Rules relating to home care fees  
   52D.2.  Maximum daily amount of home care fees  
   52D.3.  The basic daily care fee  

   PART 3A.2----ACCOMMODATION PAYMENTS AND ACCOMMODATION CONTRIBUTIONS

           Division 52E--Introduction

   52E.1.  What this Part is about  
   52E.2.  The Fees and Payments Principles  

           Division 52F--Accommodation agreements

   52F.1.  Information to be given before person enters residential or eligible flexible care  
   52F.2.  Approved provider must enter accommodation agreement  
   52F.3.  Accommodation agreements  
   52F.4.  Refundable deposit not to be required for entry  
   52F.5.  Accommodation agreements for flexible care  
   52F.6.  Accommodation agreements may be included in another agreement  
   52F.7.  Effect of accommodation agreements  

           Division 52G--Rules about accommodation payments and accommodation contributions

   52G.1.  What this Division is about  

              Subdivision 52G-A--Rules about accommodation payments

   52G.2.  Rules about charging accommodation payments  
   52G.3.  Minister may determine maximum amount of accommodation payment  
   52G.4.  Aged Care Pricing Commissioner may approve higher maximum amount of accommodation payment  
   52G.5.  Accommodation payments must not be greater than amounts set out in accommodation agreements  

              Subdivision 52G-B--Rules about accommodation contributions

   52G.6.  Rules about charging accommodation contribution  

           Division 52H--Rules about daily payments

   52H.1.  Payment in advance  
   52H.2.  When daily payments accrue  
   52H.3.  Charging interest  
   52H.4.  The Fees and Payments Principles  

           Division 52J--Rules about refundable deposits

   52J.2.  When refundable deposits can be paid  
   52J.3.  The Fees and Payments Principles  
   52J.5.  Person must be left with minimum assets  
   52J.6.  Approved provider may retain income derived  
   52J.7.  Amounts to be deducted from refundable deposits  

           Division 52K--Financial hardship

   52K.1.  Determining cases of financial hardship  
   52K.2.  Revoking determinations of financial hardship  

   PART 3A.3----MANAGING REFUNDABLE DEPOSITS, ACCOMMODATION BONDS AND ENTRY CONTRIBUTIONS

           Division 52L--Introduction

   52L.1.  What this Part is about  

           Division 52M--Prudential requirements

   52M.1.  Compliance with prudential requirements  

           Division 52N--Permitted uses

   52N.1.  Refundable deposits and accommodation bonds to be used only for permitted purposes  
   52N.2.  Offences relating to non-permitted use of refundable deposits and accommodation bonds  

           Division 52P--Refunds

   52P.1.  Refunding refundable deposit balances  
   52P.2.  Refunding refundable deposit balances--former approved providers  
   52P.3.  Payment of interest  
   52P.4.  Delaying refunds to secure re-entry  
            

CHAPTER 4--Responsibilities of approved providers
            

           Division 53--Introduction

   53.1.   What this Chapter is about  
   53.2.   Failure to meet responsibilities does not have consequences apart from under this Act  

   PART 4.1----QUALITY OF CARE

           Division 54--Quality of care

   54.1.   Responsibilities of approved providers  
   54.2.   Accreditation Standards  
   54.4.   Home Care Standards  
   54.5.   Flexible Care Standards  

   PART 4.2----USER RIGHTS

           Division 55--Introduction

   55.1.   What this Part is about  
   55.2.   The User Rights Principles  

           Division 56--What are the general responsibilities relating to user rights

   56.1.   Responsibilities of approved providers--residential care  
   56.2.   Responsibilities of approved providers--home care  
   56.3.   Responsibilities of approved providers--flexible care  
   56.4.   Complaints resolution mechanisms  
   56.5.   Extent to which responsibilities apply  

           Division 59--What are the requirements for resident agreements

   59.1.   Requirements for resident agreements  

           Division 61--What are the requirements for home care agreements

   61.1.   Requirements for home care agreements  

           Division 62--What are the responsibilities relating to protection of personal information

   62.1.   Responsibilities relating to protection of personal information  
   62.2.   Giving personal information to courts etc.  

   PART 4.3----ACCOUNTABILITY ETC.

           Division 63--Accountability etc

   63.1.   Responsibilities of approved providers  
   63.1AA. Responsibilities relating to alleged and suspected assaults  
   63.1A.  Responsibility relating to the basic suitability of key personnel  
   63.1B.  Responsibility relating to recording entry of new residents  
   63.1C.  Responsibility relating to circumstances materially affecting an approved provider's suitability to provide aged care  
   63.2.   Annual report on the operation of the Act  

   PART 4.4----CONSEQUENCES OF NON-COMPLIANCE

           Division 64--Introduction

   64.1.   What this Part is about  
   64.2.   The Sanctions Principles  

           Division 65--When can sanctions be imposed

   65.1.   Imposition of sanctions  
   65.1A.  Information about compliance with responsibilities  
   65.2.   Appropriateness of imposing sanctions  

           Division 66--What sanctions can be imposed

   66.1.   Sanctions that may be imposed  
   66.2.   Agreement to certain matters in lieu of revocation of approved provider status  

           Division 66A--Appointing administrators and advisers

   66A.2.  Appointment of advisers  
   66A.3.  Appointment of administrators  
   66A.4.  Powers of administrators and advisers  

           Division 67--How are sanctions imposed

   67.1.   Procedure for imposing sanctions  
   67.2.   Notice of non-compliance  
   67.3.   Notice of intention to impose sanctions  
   67.4.   Notice to remedy non-compliance  
   67.5.   Notice of decision on whether to impose sanctions  

           Division 67A--When do sanctions take effect

   67A.1.  When this Division applies  
   67A.2.  Basic rule--sanction takes effect at the section 67-5 notice time  
   67A.3.  Exceptions to the basic rule  
   67A.4.  Deferral to a later time  
   67A.5.  Progressive revocation or suspension of allocation of places  
   67A.6.  This Division has effect subject to section 66-2  

           Division 68--When do sanctions cease to apply

   68.1.   Sanctions cease to apply  
   68.2.   Sanction period  
   68.3.   Lifting of sanctions  
   68.4.   Applications for lifting of sanctions  
   68.5.   Requests for further information  
   68.6.   Notification of Secretary's decision  
            

CHAPTER 5--Grants
            

           Division 69--Introduction

   69.1.   What this Chapter is about  

   PART 5.1----RESIDENTIAL CARE GRANTS

           Division 70--Introduction

   70.1.   What this Part is about  
   70.2.   The Grant Principles  
   70.3.   Meaning of capital works costs  

           Division 71--How do people apply for allocations of residential care grants

   71.1.   Applications for residential care grants  
   71.2.   Invitation to apply  
   71.3.   Requests for further information  

           Division 72--How are residential care grants allocated

   72.1.   Allocation of residential care grants  
   72.4.   Compliance with the invitation  
   72.5.   Waiver of requirements  
   72.6.   Notification of allocation  
   72.7.   Notice to unsuccessful applicants  

           Division 73--On what basis are residential care grants paid

   73.1.   Basis on which residential care grants are paid  
   73.3.   Grants payable only if certain conditions met  
   73.4.   Variation or revocation of allocations  
   73.5.   Variation of allocations on application of approved provider  
   73.6.   Agreement taken to be varied  
   73.7.   Appropriation  

           Division 74--How much is a residential care grant

   74.1.   The amount of a residential care grant  

   PART 5.5----ADVOCACY GRANTS

           Division 81--Advocacy grants

   81.1.   Advocacy grants  
   81.2.   Applications for advocacy grants  
   81.3.   Deciding whether to make advocacy grants  
   81.4.   Conditions of advocacy grants  
   81.5.   Appropriation  

   PART 5.6----COMMUNITY VISITORS GRANTS

           Division 82--Community visitors grants

   82.1.   Community visitors grants  
   82.2.   Applications for community visitors grants  
   82.3.   Deciding whether to make community visitors grants  
   82.4.   Conditions of community visitors grants  
   82.5.   Appropriation  

   PART 5.7----OTHER GRANTS

           Division 83--Other grants

   83.1.   Other grants  
   83.2.   Conditions of other grants  
   83.3.   Appropriation  
            

CHAPTER 6--Administration
            

           Division 84--Introduction

   84.1.   What this Chapter is about  

   PART 6.1----RECONSIDERATION AND REVIEW OF DECISIONS

           Division 85--Reconsideration and review of decisions

   85.1.   Reviewable decisions  
   85.2.   Deadlines for making reviewable decisions  
   85.3.   Reasons for reviewable decisions  
   85.4.   Reconsidering reviewable decisions  
   85.5.   Reconsideration of reviewable decisions  
   85.6.   Application fee for reconsideration of decision to change classification of care recipient  
   85.8.   AAT review of reviewable decisions  

   PART 6.2----PROTECTION OF INFORMATION

           Division 86--Protection of information

   86.1.   Meaning of protected information  
   86.2.   Use of protected information  
   86.3.   Disclosure of protected information for other purposes  
   86.4.   Disclosure of protected information by people conducting assessments  
   86.5.   Limits on use of information disclosed under section 86-3 or 86-4  
   86.6.   Limits on use of protected information disclosed under certain legislation  
   86.7.   Limits on use of protected information by certain Departments  
   86.8.   Disclosure to court  
   86.9.   Information about an aged care service  

   PART 6.3----RECORD KEEPING

           Division 87--Introduction

   87.1.   What this Part is about  
   87.2.   Records Principles  
   87.3.   Failure to meet obligations does not have consequences apart from under this Act  

           Division 88--What records must an approved provider keep

   88.1.   Approved provider to keep and retain certain records  
   88.2.   Approved providers to keep records specified in Records Principles  
   88.3.   False or misleading records  

           Division 89--What records must a person who was an approved provider retain

   89.1.   Former approved provider to retain records  

   PART 6.4----POWERS OF OFFICERS

           Division 90--Introduction

   90.1.   What this Part is about  
   90.2.   Failure to meet obligations does not have consequences apart from under this Act  
   90.3.   Meaning of authorised officer  
   90.4.   Meaning of monitoring powers  

           Division 91--What powers can be exercised with an occupier's consent

   91.1.   Power to enter premises with occupier's consent to monitor compliance  
   91.2.   Power to ask people to answer questions etc.  
   91.3.   Occupier of premises to assist authorised officers  

           Division 92--What powers can be exercised without an occupier's consent

   92.1.   Circumstances in which the powers in this Division can be exercised  
   92.2.   Monitoring warrants  
   92.3.   Offence-related warrants  
   92.4.   Warrants may be granted by telephone etc.  
   92.5.   Seizures without offence-related warrant in emergency situations  
   92.6.   Discovery of evidence  
   92.7.   Power to require people to answer questions etc.  
   92.8.   Person on premises to assist authorised officers  

           Division 93--What powers are there to examine people and obtain documents

   93.1.   Secretary's power to obtain information and documents  
   93.2.   Self-incrimination  
   93.4.   Authorised officers may examine on oath or affirmation  

           Division 94--What are the obligations relating to identity cards

   94.1.   Identity cards for authorised officers  
   94.2.   Return of identity cards issued to authorised officers  

   PART 6.4A----COMPLAINTS AND AUTHORISED COMPLAINTS OFFICERS

           Division 94AA--Introduction

   94AA.1. What this Part is about  

           Division 94A--Complaints Principles

   94A.1.  Complaints Principles  

           Division 94B--Authorised complaints officers

   94B.1.  Authorised complaints officers  
   94B.2.  Meaning of complaints powers  
   94B.3.  Power to enter premises with occupier's consent to exercise complaints powers  
   94B.4.  Power to ask people to answer questions etc.  
   94B.5.  Occupier of premises to assist authorised complaints officers  

   PART 6.5----RECOVERY OF OVERPAYMENTS

           Division 95--Recovery of overpayments

   95.1.   Recoverable amounts  
   95.2.   Recoverable amount is a debt  
   95.3.   Recovery by deductions from amounts payable to debtor  
   95.4.   Recovery where there is a transfer of places  
   95.5.   Refund to transferee if Commonwealth makes double recovery  
   95.6.   Write-off and waiver of debt  

   PART 6.6----AGED CARE COMPLAINTS COMMISSIONER

           Division 95A--Aged Care Complaints Commissioner

   95A.1.  Aged Care Complaints Commissioner  
   95A.2.  Appointment  
   95A.3.  Acting appointments  
   95A.4.  Remuneration  
   95A.5.  Leave of absence  
   95A.6.  Other terms and conditions  
   95A.7.  Restrictions on outside employment  
   95A.8.  Disclosure of interests  
   95A.9.  Resignation  
   95A.10. Termination of appointment  
   95A.11. Delegation of Aged Care Complaints Commissioner's functions  
   95A.11A.Aged Care Complaints Commissioner may give report to Minister at any time  
   95A.12. Annual report  

   PART 6.7----AGED CARE PRICING COMMISSIONER

           Division 95B--Aged Care Pricing Commissioner

   95B.1.  Aged Care Pricing Commissioner  
   95B.2.  Appointment  
   95B.3.  Acting appointments  
   95B.4.  Remuneration  
   95B.5.  Leave of absence  
   95B.6.  Other terms and conditions  
   95B.7.  Restrictions on outside employment  
   95B.8.  Disclosure of interests  
   95B.9.  Resignation  
   95B.10. Termination of appointment  
   95B.11. Delegation of Aged Care Pricing Commissioner's functions  
   95B.12. Annual report  
            

CHAPTER 7--Miscellaneous
            

           Division 95C--Civil penalties

   95C.1.  Civil penalty provisions  

           Division 96--Miscellaneous

   96.1.   Principles  
   96.2.   Delegation of Secretary's powers and functions  
   96.3.   Committees  
   96.4.   Care provided on behalf of an approved provider  
   96.5.   Care recipients etc. lacking capacity to enter agreements  
   96.6.   Applications etc. on behalf of care recipients  
   96.7.   Withdrawal of applications  
   96.8.   Protection for reporting reportable assaults  
   96.9.   Application of the Criminal Code  
   96.10.  Appropriation  
   96.13.  Regulations  
           SCHEDULE 1 Dictionary


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