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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aged Care Amendment (Staffing Ratio
Disclosure) Bill 2018
No. , 2018
(Ms Sharkie)
A Bill for an Act to amend the Aged Care Act 1997,
and for related purposes
No. , 2018
Aged Care Amendment (Staffing Ratio Disclosure) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Aged Care Act 1997
3
No. , 2018
Aged Care Amendment (Staffing Ratio Disclosure) Bill 2018
1
A Bill for an Act to amend the Aged Care Act 1997,
1
and for related purposes
2
The Parliament of Australia enacts:
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1 Short title
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This Act is the Aged Care Amendment (Staffing Ratio Disclosure)
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Act 2018.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
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column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Aged Care Amendment (Staffing Ratio Disclosure) Bill 2018
No. , 2018
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day this Act receives the Royal Assent.
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.
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(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
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Amendments Schedule 1
No. , 2018
Aged Care Amendment (Staffing Ratio Disclosure) Bill 2018
3
Schedule 1--Amendments
1
2
Aged Care Act 1997
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1 After section 9-3B
4
Insert:
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9-3C Obligation to notify Secretary of staff to care recipient ratios
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(1) An approved provider must, for each residential care service
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operated by the approved provider and for each day referred to in
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subsection (4), notify the Secretary of the ratio of:
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(a) care recipients to whom residential care is being provided
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through that residential care service; to
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(b) staff members of the approved provider who provide a
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service connected with that residential care service.
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Note:
Approved providers have a responsibility under Part 4.3 to comply
14
with this obligation. Failure to comply with a responsibility can result
15
in a sanction being imposed under Part 4.4. Information notified under
16
this section is made publicly available (see section 86-9).
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(2) The ratio must also be broken down into ratios for each category of
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staff member referred to in subsection (5).
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(3) In counting staff members for the purposes of this section,
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part-time staff members are to be taken into account as an
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appropriate fraction of a full-time equivalent.
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(4) For the purposes of subsection (1), the days are the following:
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(a) the 4 days, in each year, specified in the regulations; or
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(b) if no days are specified in the regulations for the purposes of
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paragraph (a)--each 1 January, 1 April, 1 July and 1 October.
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(5) For the purposes of subsection (2), the categories of staff member
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are the following:
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(a) registered nurses level 1;
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(b) registered nurses level 2;
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(c) registered nurses level 3;
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(d) registered nurses level 4;
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(e) registered nurses level 5;
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Schedule 1 Amendments
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Aged Care Amendment (Staffing Ratio Disclosure) Bill 2018
No. , 2018
(f) enrolled nurses;
1
(g) nurses with a certificate IV or an equivalent qualification;
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(h) personal care attendants;
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(i) allied health staff;
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(j) other staff members.
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(6) A notification under subsection (1) must be made as soon as
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practicable after the day to which the notification relates.
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(7) The notification must be in the form approved by the Secretary.
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(8) The notification may include an explanation by the approved
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provider in relation to any ratio notified. The explanation must not
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exceed 250 words in total.
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Note:
If an explanation is provided, the explanation will be made publicly
12
available: see section 86-9.
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(9) If, between making notifications under subsection (1), there is a
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change of more than 10% in a ratio notified under that subsection,
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the approved provider must, within 28 days of that change, notify
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the Secretary of the change.
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(10) In this section:
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staff member of an approved provider has the same meaning as in
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section 63-1AA.
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2 After subsection 86-9(1)
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Insert:
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(1A) The Secretary must make publicly available any information about
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staff to care recipient ratios of residential care services notified to
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the Secretary under section 9-3C.
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3 Subsection 86-9(2)
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After "(1)", insert "or (1A)".
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