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This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aged Care Amendment (Implementing
Care Reform) Bill 2022
No. , 2022
(Health and Aged Care)
A Bill for an Act to amend the Aged Care Act 1997,
and for related purposes
No. , 2022
Aged Care Amendment (Implementing Care Reform) Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Registered nurses
3
Aged Care Act 1997
3
Schedule 2--Capping home care charges
5
Aged Care Act 1997
5
Schedule 3--Transparency of information
6
Aged Care Act 1997
6
No. , 2022
Aged Care Amendment (Implementing Care Reform) Bill 2022
1
A Bill for an Act to amend the Aged Care Act 1997,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Aged Care Amendment (Implementing Care
5
Reform) Act 2022
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Aged Care Amendment (Implementing Care Reform) Bill 2022
No. , 2022
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
1 April 2023.
1 April 2023
3. Schedule 2
1 January 2023.
1 January 2023
4. Schedule 3
1 December 2022.
1 December
2022
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Registered nurses
Schedule 1
No. , 2022
Aged Care Amendment (Implementing Care Reform) Bill 2022
3
Schedule 1--Registered nurses
1
2
Aged Care Act 1997
3
1 After paragraph 54-1(1)(b)
4
Insert:
5
(ba) if section 54-1A applies to the provider--to comply with
6
subsection 54-1A(2);
7
2 After section 54-1
8
Insert:
9
54-1A Responsibility relating to registered nurses
10
(1) This section applies to an approved provider if:
11
(a) the provider provides:
12
(i) residential care to care recipients in a residential facility;
13
or
14
(ii) flexible care of a kind specified in the Quality of Care
15
Principles to care recipients in a residential facility; and
16
(b) an exemption from this section has not been granted, in
17
accordance with the Quality of Care Principles, to the
18
provider in relation to the residential facility.
19
(2) The provider must, on and after 1 July 2023, ensure at least one
20
registered nurse (within the meaning of the
Health Insurance Act
21
1973
) is on site, and on duty, at all times at
the residential facility.
22
(3) The Quality of Care Principles may make provision for, or in
23
relation to, the granting of an exemption from this section to an
24
approved provider in relation to a residential facility.
25
(4) Without limiting subsection (3), the Quality of Care Principles may
26
provide for any one or more of the following:
27
(a) the making of an application for the grant of an exemption
28
from this section to an approved provider in relation to a
29
residential facility;
30
Schedule 1
Registered nurses
4
Aged Care Amendment (Implementing Care Reform) Bill 2022
No. , 2022
(b) the circumstances in which an exemption from this section
1
may be granted to an approved provider in relation to a
2
residential facility;
3
(c) the conditions that apply to an exemption from this section
4
that is granted to an approved provider in relation to a
5
residential facility.
6
Capping home care charges
Schedule 2
No. , 2022
Aged Care Amendment (Implementing Care Reform) Bill 2022
5
Schedule 2--Capping home care charges
1
2
Aged Care Act 1997
3
1 After paragraph 56-2(a)
4
Insert:
5
(aa) not to charge for ceasing to provide the care to the care
6
recipient;
7
(ab) to comply with such requirements as are specified in the User
8
Rights Principles in relation to the prices charged by the
9
approved provider for, or in connection with, the provision of
10
care or services to the care recipient;
11
2 Application provisions
12
(1)
Paragraph 56-2(aa) of the
Aged Care Act 1997
, as inserted by this
13
Schedule, applies in relation to an approved provider that ceases to
14
provide home care to a care recipient on or after the commencement of
15
this item.
16
(2)
Paragraph 56-2(ab) of the
Aged Care Act 1997
, as inserted by this
17
Schedule, applies in relation to care or services provided on or after the
18
commencement of this item.
19
Schedule 3
Transparency of information
6
Aged Care Amendment (Implementing Care Reform) Bill 2022
No. , 2022
Schedule 3--Transparency of information
1
2
Aged Care Act 1997
3
1 In the appropriate position in Division 86
4
Insert:
5
86-10 Information about aged care services that must be made
6
publicly available
7
(1) The Secretary must, in accordance with the Information Principles,
8
make publicly available information in relation to
*
aged care
9
services.
10
(2) Without limiting subsection (1), the Information Principles may
11
provide for any or all of the following:
12
(a) information about the
*
aged care provided through an
*
aged
13
care service, or a specified class of aged care services, that
14
must be made publicly available;
15
(b) information about the approved provider of an aged care
16
service, or a specified class of approved providers of aged
17
care services, that must be made publicly available;
18
(c) the way in which specified information, or a specified class
19
of information, must be made publicly available;
20
(d) the period within which specified information, or a specified
21
class of information, must be made publicly available.
22
(3) Information made publicly available under subsection (1) must not
23
include
*
personal information about an individual (other than an
24
individual who is one of the
*
key personnel of an approved
25
provider).
26
2 Application provision
27
Section 86-10 of the
Aged Care Act 1997
, as inserted by this Schedule,
28
applies in relation to information whether the information was acquired
29
or created before, on or after the commencement of this item.
30