Complaints Principles 2015 [F2015L02125]-Response required [2016] AUSStaCSDLM 50 (24 February 2016)

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Instrument	Complaints Principles 2015 [F2015L02125]
Purpose	Describes a scheme for the management and resolution of complaints and other concerns about approved aged care services and the investigative functions of the Aged Care Complaints Commissioner in relation to such complaints
Last day to disallow	11 May 2016
Authorising legislation	Aged Care Act 1997; Aged Care Amendment (Independent Complaints Arrangements) Act 2015
Department	Health
Scrutiny principle	Standing Order 23(3)(b)

Retrospective effect

The instrument replaces the existing Complaints Principles 2014 (old principles) and provides for the transfer of aged care complaints functions from the Secretary of the Department of Health to the Aged Care Complaints Commissioner. Part 8 of the instrument specifies application and transitional arrangements for the transfer of these functions, which provide that complaints and applications made under the old principles will be treated as if they were made under the new principles. The committee notes that, although the instrument is not strictly retrospective, the new principles prescribe different processes and timeframes that will be applied to previously lodged complaints or applications. As a consequence, it appears that a complaint or application not yet completed at 1 January 2016 will be decided according to different processes and timeframes that did not apply at the time of the application.

The committee's usual approach to such cases is to regard them as being retrospective in effect, and to assess such cases against the requirement to ensure that instruments of delegated legislation do not unduly trespass on personal rights and liberties (scrutiny principle (b)). The committee's usual expectation is that the matter of the retrospective effect of the instrument would be specifically addressed in the ES. However, the ES does not address the retrospective effect of this instrument.

The committee requests the advice of the minister in relation to this matter.