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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018-2019
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Aged Care Amendment (Resident
Welfare and Provider Disclosure) Bill
2019
No. , 2019
(Senator Griff)
A Bill for an Act to amend the Aged Care Act 1997,
and for related purposes
No. , 2019
Aged Care Amendment (Resident Welfare and Provider Disclosure)
Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Aged Care Act 1997
3
No. , 2019
Aged Care Amendment (Resident Welfare and Provider Disclosure)
Bill 2019
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 (Resident Welfare and
5
Provider Disclosure) Act 2019.
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 (Resident Welfare and Provider Disclosure)
Bill 2019
No. , 2019
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
The day after 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.
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repealed as set out in the applicable items in the Schedule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
Amendments Schedule 1
No. , 2019
Aged Care Amendment (Resident Welfare and Provider Disclosure)
Bill 2019
3
Schedule 1--Amendments
1
2
Aged Care Act 1997
3
1 After section 9-3B
4
Insert:
5
9-3C Obligation to provide information to Secretary
6
(1) An approved provider must give to the Secretary, at the end of
7
each quarter, the following information in writing in relation to
8
care recipients to whom the approved provider provided care
9
during that quarter:
10
(a) the number of falls;
11
(b) the number of medication errors, and for each error:
12
(i) the type and dosage that was prescribed; and
13
(ii) the type and dosage that was administered.
14
(2) Quarter means a period of 3 months beginning on 1 July,
15
1 October, 1 January or 1 April.
16
(3) If the Secretary receives the information mentioned in
17
subsection (1) the Secretary may request, in writing, that the
18
approved provider disclose further information of a kind specified
19
in the request.
20
(4) An approved provider commits an offence if:
21
(a) the approved provider is required to give information to the
22
Secretary under subsection (1); and
23
(b) the approved provider fails to give the information required
24
within 28 days of the end of the quarter; and
25
(c) the approved provider is a
*
corporation.
26
Penalty: 30 penalty units.
27
(5) An approved provider commits an offence if:
28
(a) the Secretary requests the approved provider to give
29
information under subsection (3); and
30
Schedule 1 Amendments
4
Aged Care Amendment (Resident Welfare and Provider Disclosure)
Bill 2019
No. , 2019
(b) the approved provider fails to comply with the request within
1
90 days after the request was made; and
2
(d) the approved provider is a
*
corporation.
3
Penalty: 30 penalty units.
4
2 After section 67-5
5
Insert:
6
67-6 Publication of notices under this Division on the approved
7
provider's website
8
(1) This section applies to an approved provider if the provider
9
receives:
10
(a) a notice of non-compliance under section 67-2; or
11
(b) a notice of intention to impose sanctions under section 67-3;
12
or
13
(c) a notice to remedy non-compliance under section 67-4; or
14
(d) a notice of decision on whether to impose sanctions under
15
section 67-5.
16
(2) Within a day after receiving a notice, the approved provider must
17
publish the notice on the provider's website in a way that is readily
18
accessible by the public.
19
Penalty: 10 penalty units.
20
Note:
If a provider does not publish the notice in accordance with this
21
section, the obligation to do so continues and daily offences are
22
committed until it is done (see section 4K of the Crimes Act 1914).
23
(3) Subsection 4K(2) of the Crimes Act 1914 ceases to apply in
24
relation to an offence against subsection (1) at the end of the tenth
25
day after the notice is received.
26
Note:
Because of this subsection, 100 penalty units is the maximum penalty
27
that can be imposed for offences against subsection (2).
28
(4) If the approved provider receives a notice under section 67-2, the
29
approved provider must, as soon as reasonably practicable, publish
30
on the provider's website any submissions the provider has made
31
in response to the notice within the period for submissions
32
specified in the notice.
33
Amendments Schedule 1
No. , 2019
Aged Care Amendment (Resident Welfare and Provider Disclosure)
Bill 2019
5
Penalty: 100 penalty units.
1
3 After section 96-3
2
Insert:
3
96-3A Secretary must publish information
4
(1) The Secretary must, in such manner as the Secretary thinks
5
appropriate, cause to be published or made available the
6
information received by the Secretary under section 9-3C within 30
7
days after receiving the information.
8
(2) If the information includes protected information, the Secretary
9
may cause to be published or made available that protected
10
information unless the protected information is personal
11
information relating to care recipients.
12
4 Application provisions
13
(1)
Section 9-3C of the Aged Care Act 1997, as inserted by this Schedule,
14
applies in relation to the quarter that begins after the commencement of
15
this item.
16
(2)
Section 67-6 of the Aged Care Act 1997, as inserted by this Schedule,
17
applies in relation to notices received by an approved provider after the
18
commencement of this item.
19