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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Supported Residential Facilities (Aged Care Facilities)
Amendment Bill 2018
A BILL FOR
An Act to amend the
Supported
Residential Facilities Act 1992
.
Contents
Part 2—Amendment of Supported
Residential Facilities Act 1992
4Amendment of section
3—Interpretation
5Amendment of section 29—Licence
conditions
29ASpecial
conditions for aged care facilities
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Supported Residential Facilities (Aged Care
Facilities) Amendment Act 2018.
This Act will come into operation 3 months after the day on which it is
assented to by the Governor.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Supported Residential Facilities
Act 1992
4—Amendment
of section 3—Interpretation
Section 3—before the definition of authorised officer
insert:
aged care facility means a facility at which residential
accommodation is provided or offered together with personal care services for
persons aged 70 years or more (whether or not such accommodation is also
provided for younger persons);
5—Amendment
of section 29—Licence conditions
Section 29(1)—after paragraph (b) insert:
and
(c) in the case of a licence relating to an aged care facility—the
condition imposed by section 29A.
After section 29 insert:
29A—Special conditions for aged care
facilities
(1) Each licence under
this Act relating to a supported residential facility that is an aged care
facility is subject to a condition requiring the proprietor of the facility to
comply with this section.
(2) The proprietor of a
supported residential facility that is an aged care facility must ensure
that—
(a) audio-visual recording equipment that complies with any requirements
set out in the regulations for the purposes of this paragraph is installed in
the bedroom of each resident of the facility; and
(b) audio-visual recording equipment that complies with any requirements
set out in the regulations for the purposes of this paragraph is installed in
each common area of the facility.
(3) Subject to this
section, the proprietor of a supported residential facility that is an aged care
facility must ensure that—
(a) in the case of
audio-visual recording equipment installed in the bedroom of a
resident—
(i) the
audio-visual recording equipment is operating at all times when any person is in
the bedroom; and
(ii) the
audio-visual recording equipment is monitored in accordance with any
requirements set out in the regulations for the purposes of this paragraph by a
person or body independent of the aged care facility or the proprietor;
and
(iii) the images
recorded by the audio-visual equipment are reviewed, in accordance with any
requirements set out in the regulations for the purposes of this paragraph, by a
person authorised in writing by the proprietor; and
(b) in the case of audio-visual recording equipment installed in a common
area of the facility—
(i) the
audio-visual recording equipment is operating at all times when any person is in
the common area; and
(ii) the
audio-visual recording equipment is monitored in accordance with any
requirements set out in the regulations for the purposes of this paragraph by a
person or body independent of the aged care facility or the proprietor;
and
(iii) the images
recorded by the audio-visual equipment are reviewed, in accordance with any
requirements set out in the regulations for the purposes of this paragraph, by a
person authorised in writing by the proprietor.
(4) The requirements under
subsection (3)(a)
will only be taken to apply to a proprietor of a facility if each resident
in the bedroom in which the audio-visual recording equipment is installed
consents in writing to the operation of the audio-visual recording equipment,
and the monitoring and review of images recorded by the equipment.
(5) The proprietor of a supported residential facility that is an aged
care facility may recover from a resident the actual costs of—
(a) installing and operating audio-visual recording equipment in the
bedroom of the resident; and
(b) monitoring and reviewing images recorded by the audio-visual equipment
in accordance with this section,
(however, nothing in this section authorises the recovery of costs in
relation to the installation, operation, monitoring or review of audio-visual
recording equipment installed in a common area of the facility).
(6) For the purposes of this section, a reference to the consent of a
resident will be taken to include a reference to the consent of a person who is
authorised under a law of this State, or of the Commonwealth or another State or
Territory, to give consent on behalf of the resident.
(7) In this section—
common area, of an aged care facility, means an area to which
all residents of the facility or members of the public (or both) have
access.