Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Paragraph 42 - 4(a)
Omit "an * accreditation body", substitute "the * CEO of the Quality Agency".
2 After section 65 - 1
Insert:
65 - 1A Information about compliance with responsibilities
(1) In deciding whether an approved provider has complied, or is complying, with one or more of its responsibilities under Part 4.1, 4.2 or 4.3, the Secretary may have regard to:
(a) any information provided by the * CEO of the Quality Agency in accordance wit h the Quality Agency Reporting P rinciples; and
(b) any other relevant information.
(2) The Quality Agency Reporting Principles may specify the circumstances in which the * CEO of the Quality Agency must provide information of a kind specified in the Principles to the Secretary for the purposes of this Part.
Note: The Quality Agency Reporting Principles are made by the Minister under section 96 - 1.
3 Section 69 - 1
Omit:
• * accreditation grants (see Part 5.4);
4 Part 5.4
Repeal the Part.
5 At the end of s ection 84 - 1
Add:
; (h) the Aged Care Pricing Commissioner, whose functions include approving accommodation payments that are higher than the maximum amount of accommodation payments determined by the Minister and approving extra service fees (see Part 6.7).
6 Paragraphs 95A - 1(2)(d) and (e)
Repeal the paragraphs, substitute:
(d) to examine complaints made to the Aged Care Commissioner about the process es for :
(i) accrediting aged care services as mentioned in paragraph 12(a) of the Australian Aged Care Quality Agency Act 2013 ; and
(ii) conducting the quality review of home care services as mentioned in paragraph 12(b) of that Act;
( but not a complaint about the merits of a decision under those paragraphs ) , and make recommendations to the CEO of the Quality Agency arising from the examination;
(e) to examine, on the Aged Care Commissioner's own initiative, the process es for:
(i) accrediting aged care services as mentioned in paragraph 12(a) of the Australian Aged Care Quality Agency Act 2013 ; and
(ii) conducting the quality review of home care services as mentioned in paragraph 12(b) of that Act;
and make recommendations to the CEO of the Quality Agency arising from the examination;
7 Subsection s 95A - 4(1) and (2)
Omit "Complaints Principles", substitute "Commissioner Principles".
8 Section 95A - 9
Before "The", insert "(1)".
9 At the end of section 95A - 9
Add:
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
10 S ection 95A - 10
Repeal the section, substitute:
95A - 10 Termination of appointment
(1) The Minister may terminate the appointment of the * Aged Care Commissioner:
(a) for misbehaviour; or
(b) if the Aged Care Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity.
(2) The Minister must terminate the appointment of the * Aged Care Commissioner if the Aged Care Commissioner:
(a) becomes bankrupt; or
(b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c) compounds with his or her creditors; or
(d) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(e) is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(f) is appointed on a full - time basis and engages, except with the Minister's approval, in paid employment outside the duties of his or her office; or
(g) is appointed on a part - time basis and engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office; or
(h) fails, without reasonable excuse, to comply with section 95 A - 8.
11 Section 95A - 11 (heading)
Omit " Delegations ", substitute " Delegation ".
12 Subparagraphs 95A - 12(2)(b)(ii) and (iii)
Repeal the subparagraphs, substitute:
(ii) the processes mentioned in subparagraphs 95A - 1(2)(d)(i) and (ii) ; and
13 Paragraph 95A - 12(2)(k)
Omit "Complaints Principles", substitute "Commissioner Principles".
14 At the end of Chapter 6
Add:
Part 6.7 -- Aged Care Pricing Commissioner
Division 95B -- Aged Care Pricing Commissioner
95B - 1 Aged Care Pricing Commissioner
(1) There is to be an * Aged Care Pricing Commissioner.
(2) The functions of the * Aged Care Pricing Commissioner are as follows:
(a) to approve extra service fees in accordance with Division 35;
(b) in accordance with section 52G - 4 , to approve accommodation payment s that are higher than the maximum amount of accommodation payment determined by the Mini ster under section 52G - 3 ;
(c) such other functions that are conferred on the Aged Care Pricing Commissioner by this Act;
(d) the functions that are conferred on the Aged Care Pricing Commissioner by any other law of the Commonwealth;
(e) the functions that are specified by the Minister by legislative instrument .
(1) The * Aged Care Pricing Commissioner is to be appointed by the Minister by written instrument.
(2) The * Aged Care Pricing Commissioner may be appointed on a full - time basis or on a part - time basis.
(3) The * Aged Care Pricing Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
The Minister may appoint a person to act as the * Aged Care Pricing Commissioner:
(a) during a vacancy in the office of the Aged Care Pricing Commissioner (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Aged Care Pricing Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901 .
(1) The * Aged Care Pricing Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Aged Care Pricing Commissioner is to be paid the remuneration that is prescribed by the Commissioner Principles.
(2) The * Aged Care Pricing Commissioner is to be paid the allowances that are prescribed by the Commissioner Principles.
(3) This section has effect subject to the Remuneration Tribunal Act 1973 .
Full - time Commissioner
(1) If the * Aged Care Pricing Commissioner is appointed on a full - time basis:
(a) he or she has the recreation leave entitlements that are determined by the Remuneration Tribunal; and
(b) the Minister may grant the Aged Care Pricing Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
Part - time Commissioner
(2) If the * Aged Care Pricing Commissioner is appointed on a part - time basis, the Minister may grant leave of absence to the Aged Care Pricing Commissioner on the terms and conditions that the Minister determines.
95B - 6 Other terms and conditions
The * Aged Care Pricing Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
95B - 7 Restrictions on outside employment
Full - time Commissioner
(1) If the * Aged Care Pricing Commissioner is appointed on a full - time basis, he or she must not engage in paid employment outside the duties of the Aged Care Pricing Commissioner's office without the Minister's approval.
Part - time Commissioner
(2) If the * Aged Care Pricing Commissioner is appointed on a part - time basis, he or she must not engage in any paid employment that conflicts or could conflict with the proper performance of his or her duties.
95B - 8 Disclosure of interests
The * Aged Care Pricing Commissioner must give written notice to the Minister of all interests, pecuniary or otherwise, that the Commissioner has or acquires that could conflict with the proper performance of the Commissioner's functions.
(1) The * Aged Care Pricing Commissioner may resign his or her appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
95B - 10 Termination of appointment
(1) The Minister may terminate the appointment of the * Aged Care Pricing Commissioner:
(a) for misbehaviour; or
(b) if the Aged Care Pricing Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity.
(2) The Minister must terminate the appointment of the * Aged Care Pricing Commissioner if the Aged Care Pricing Commissioner:
(a) becomes bankrupt; or
(b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c) compounds with his or her creditors; or
(d) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(e) is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(f) is appointed on a full - time basis and engages, except with the Minister's approval, in paid employment outside the duties of his or her office; or
(g) is appointed on a part - time basis and engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office; or
(h) fails, without reasonable excuse, to comply with section 95B - 8.
95B - 11 Delegation of Aged Care Pricing Commissioner's functions
(1) The * Aged Care Pricing Commissioner may delegate in writing all or any of his or her functions to an APS employee in the Department.
(2) In exercising his or her power under subsection ( 1), the * Aged Care Pricing Commissioner is to have regard to the function to be performed by the delegate and the responsibilities of the APS employee to whom the function is delegated.
(3) In performing functions delegated under subsection ( 1), the delegate must comply with any directions of the * Aged Care Pricing Commissioner.
(1) The * Aged Care Pricing Commissioner must, as soon as practicable after the end of each financial year, prepare and give to the Minister, for presentation to the Parliament, a report on the Aged Care Pricing Commissioner's operations during that year.
Note: See also section 34C of the Acts Interpretation Act 1901 , which contains extra rules about annual reports.
(2) The * Aged Care Pricing Commissioner must include in the report:
(a) the number of applications that were made to the Aged Care Pricing Commissioner during the financial year for approval to charge an accommodation payment that is higher than the maximum amount of accommodation payment determined by the Minister under section 52 G - 3 ; and
(b) the number of such applications that were approved, rejected or withdrawn during the financial year; and
(c ) the number of applications that were made to the Aged Care Pricing Commissioner during the financial year for approval to charge an extra service fee; and
(d ) any other information required by the Commissioner Principles to be included in the report.
15 Section 96 - 1 (table item 2)
Repeal the item.
16 Section 96 - 1 (after table item 9)
Insert:
9A | Commissioner Principles | Divisions 95A and 95B |
16A Section 96 - 1 (after table item 14)
Insert:
14A | Fees and Payments Principles | Parts 3A.1, 3A.2 and 3A.3 |
17 Section 96 - 1 (after table item 17)
Insert:
17A | Quality Agency Reporting Principles | Part 4.4 |
18 Section 96 - 2 (heading)
Omit " Delegations ", substitute " Delegation ".
19 Subsection 96 - 2(6)
Repeal the subsection, substitute:
(6) The Secretary may, in writing, delegate to the * CEO of the Quality Agency the functions of the Secretary that the Secretary considers necessary for the CEO to perform the CEO's functions under the Australian Aged Care Quality Agency Act 2013 .
20 Clause 1 of Schedule 1 (definition of accreditation body )
Repeal the definition.
21 Clause 1 of Schedule 1 (definition of accreditation grant )
Repeal the definition.
22 Clause 1 of Schedule 1
Insert:
"Aged Care Pricing Commissioner" means the Aged Care Pricing Commissioner holding office under Part 6.7.
23 Clause 1 of Schedule 1
Insert:
"CEO of the Quality Agency" means the Chief Executive Officer of the Australian Aged Care Quality Agency appointed under the Australian Aged Care Quality Agency Act 2013 .
Part 2 -- Transitional and savings provisions
24 Definitions
In this Part:
accreditation body has the same meaning as in the old law.
CEO of the Quality Agency has the same meaning as in the new law.
first commencement time means the time when item 5 of this Schedule commences.
new law means the Aged Care Act 1997 as in force immediately after the second commencement time.
old law means the Aged Care Act 1997 as in force immediately before the second commencement time.
second commencement time means the time when item 1 of this Schedule commences.
25 Accreditation requirement
An accreditation of a residential care service by an accreditation body that was in force immediately before the second commencement time is taken, after the second commencement time, to have been an accreditation by the CEO of the Quality Agency.
26 Determining maximum amounts of accommodation payment
(1) After the first commencement time, the Minister may , by legislative instrument, determine the maximum amount of accommodation payment that an approved provider may charge a person.
(2) The determination may set out:
(a) the maximum daily accommodation payment amount and a method for working out refundable accommodation deposit amounts; or
(b) methods for working out both:
(i) the maximum daily accommodation payment amount; and
(ii) refundable accommodation deposit amounts.
(3 ) An approved provider may apply to the Aged Care Pricing Commissioner for approval to charge an accommodation payment that is higher than the maximum amount of accommodation payment determined by the Minister under subitem ( 1).
(4 ) The Aged Care Pricing Commissioner may approve the application.
(5 ) A decision by the Aged Care Pricing Commissioner not to approve the application is taken to be a reviewable decision within the meaning of section 85 - 1 of the Aged Care Act 1997 .
(6 ) A power exercised under this item must be exercised in accordance with the Aged Care Act 1997 as if it were amended by Schedule 3 to this Act.