Commonwealth Consolidated Acts

AGED CARE ACT 1997

TABLE OF PROVISIONS

           Long Title

            

CHAPTER 1--Introduction
            

           Division 1--Preliminary matters

   1.1.    Short title  
   1.2.    Commencement  
   1.3.    Identifying defined terms  
   1.4.    Tables of Divisions and Subdivisions do not form part of this Act  
   1.5.    Application to continuing care recipients  

           Division 2--Objects

   2.1.    The objects of this Act  

           Division 3--Overview of this Act

   3.1.    General  
   3.2.    Preliminary matters relating to subsidies (Chapter 2)  
   3.3.    Subsidies  
   3.3A.   Fees and payments  
   3.4.    Responsibilities of approved providers (Chapter 4)  
   3.5.    Grants (Chapter 5)  

           Division 4--Application of this Act

   4.1.    Application of this Act  
   4.2.    Binding the Crown  
            

CHAPTER 2--Preliminary matters relating to subsidies
            

           Division 5--Introduction

   5.1.    What this Chapter is about  
   5.2.    Which approvals etc. may be relevant  

   PART 2.1----APPROVED PROVIDERS

           Division 6--Introduction

   6.1.    What this Part is about  

           Division 7--What is the significance of approval as a provider of aged care?

   7.1.    Pre - conditions to receiving subsidy  
   7.2.    Payment of subsidy if approval of provider is restricted to certain aged care services etc.  

           Division 9--What obligations arise from being an approved provider?

   9.1A.   Obligation to notify Secretary about home care services  
   9.1.    Obligation to notify of a change of circumstances that materially affects the suitability of an approved provider  
   9.2A.   Obligation to notify of the occurrence of certain events relating to key personnel of an approved provider  
   9.2.    Obligation to give information relevant to an approved provider's status etc. when requested  
   9.3.    Obligation to give information relevant to payments  
   9.3A.   Obligation to give information relating to refundable deposits, accommodation bonds, entry contributions etc.  
   9.3B.   Obligation to give information or documents about ability to refund balances  
   9.4.    Obligations while approval is suspended  

           Division 10A--Key personnel of approved providers

   10A.1.  Key personnel of an approved provider must notify of change of circumstances relating to suitability  
   10A.2.  Determination relating to suitability of key personnel of an approved provider  
   10A.2A. Offence relating to failure to take action as required by determination  
   10A.2B. Offence relating to failure to comply with responsibility to consider suitability matters relating to key personnel  
   10A.3.  Remedial orders  

   PART 2.2----ALLOCATION OF PLACES

           Division 11--Introduction

   11.1.   What this Part is about  
   11.2.   The Allocation Principles  
   11.3.   Meaning of people with special needs  
   11.4.   Explanation of the allocation process  

           Division 12--How does the Commonwealth plan its allocations of places?

   12.1.   The planning process  
   12.2.   Objectives of the planning process  
   12.3.   Minister to determine the number of places available for allocation  
   12.4.   Distributing available places among regions  
   12.5.   Determining proportion of care to be provided to certain groups of people  
   12.6.   Regions  

           Division 13--How do people apply for allocations of places?

   13.1.   Applications for allocations of places  
   13.2.   Invitation to apply  
   13.3.   Application fee  
   13.4.   Requests for further information  

           Division 14--How are allocations of places decided?

   14.1.   Allocation of places  
   14.2.   Competitive assessment of applications for allocations  
   14.3.   Compliance with the invitation  
   14.4.   Waiver of requirements  
   14.5.   Conditions relating to particular allocations  
   14.6.   Conditions relating to allocations generally  
   14.7.   Allocation of places to services with extra service status  
   14.8.   Notification of allocation  
   14.9.   Allocations in situations of emergency  

           Division 15--When do allocations of places take effect?

   15.1.   When allocations take effect  
   15.2.   Provisional allocations  
   15.3.   Applications for determinations  
   15.4.   Variation or revocation of provisional allocations  
   15.5.   Variation of provisional allocations on application  
   15.5A.  Variation of region that involves moving provisionally allocated places to a service with extra service status  
   15.6.   Surrendering provisional allocations  
   15.7.   Provisional allocation periods  

           Division 16--How are allocated places transferred from one person to another?

              Subdivision 16-A--Transfer of places other than provisionally allocated places

   16.1.   Application of this Subdivision  
   16.2.   Transfer notice  
   16.3.   Consideration of notices  
   16.4.   Notice to resolve  
   16.5.   Change to proposed transfer day  
   16.6.   Veto notice  
   16.7.   Transfer of places to service with extra service status  
   16.8.   Transfer day  
   16.9.   Effect of transfer on certain matters  
   16.10.  Information to be given to transferee  
   16.11.  Transferors to provide transferee with certain records  

              Subdivision 16-B--Transfer of provisionally allocated places

   16.12.  Application of this Subdivision  
   16.13.  Transfer notice  
   16.14.  Consideration of notices  
   16.15.  Notice to resolve  
   16.16.  Change to proposed transfer day  
   16.17.  Veto notice  
   16.18.  Transfer of places to service with extra service status  
   16.19.  Transfer day  
   16.20.  Effect of transfer on certain matters  
   16.21.  Information to be given to transferee  

           Division 17--How are the conditions for allocations of places varied?

   17.1.   Variation of allocations  
   17.2.   Applications for variation of allocations  
   17.3.   Requests for further information  
   17.4.   Consideration of applications  
   17.5.   Time limit for decisions on applications  
   17.6.   Notice of decisions  
   17.7.   Variation day  
   17.8.   Variation involving relocation of places to service with extra service status  

           Division 17A--Revocation of certain conditions for allocations of places

   17A.1.  Revocation of certain conditions for allocations of places  

           Division 18--When do allocations cease to have effect?

   18.1.   Cessation of allocations  
   18.2.   Relinquishing places  
   18.3.   Proposals relating to the care needs of care recipients  
   18.4.   Approved providers' obligations relating to the care needs of care recipients  
   18.5.   Revocation of unused allocations of places  

   PART 2.3----APPROVAL OF CARE RECIPIENTS

           Division 19--Introduction

   19.1.   What this Part is about  
   19.2.   The Approval of Care Recipients Principles  

           Division 20--What is the significance of approval as a care recipient?

   20.1.   Care recipients must be approved before subsidy can be paid  
   20.2.   Effect of limitation of approvals  

           Division 21--Who is eligible for approval as a care recipient?

   21.1.   Eligibility for approval  
   21.2.   Eligibility to receive residential care  
   21.3.   Eligibility to receive home care  
   21.4.   Eligibility to receive flexible care  

           Division 22--How does a person become approved as a care recipient?

   22.1.   Approval as a care recipient  
   22.2.   Limitation of approvals  
   22.2A.  Priority for home care services  
   22.3.   Applications for approval  
   22.4.   Assessments of care needs  
   22.5.   Date of effect of approval  
   22.6.   Notification of decisions  

           Division 23--When does an approval cease to have effect?

   23.1.   Expiration, lapse or revocation of approvals  
   23.2.   Expiration of time limited approvals  
   23.3.   Circumstances in which approval for flexible care lapses  
   23.4.   Revocation of approvals  

   PART 2.3A----PRIORITISATION OF HOME CARE RECIPIENTS

           Division 23A--Introduction

   23A.1.  What this Part is about  

           Division 23B--Prioritised home care recipients

   23B.1.  Determination that a person is a prioritised home care recipient  
   23B.2.  Variation of level of care in relation to which a person is a prioritised home care recipient  
   23B.3.  Cessation of determinations  
   23B.4.  Use of computer programs to make decisions  

   PART 2.4----CLASSIFICATION OF CARE RECIPIENTS BEFORE THE TRANSITION DAY

           Division 24--Introduction

   24.1.   What this Part is about  
   24.2.   The Classification Principles  

           Division 25--How are care recipients classified?

   25.1.   Classification of care recipients  
   25.2.   Classification levels  
   25.3.   Appraisals of the level of care needed  
   25.4.   Suspending approved providers from making appraisals and reappraisals  
   25.4A.  Stay of suspension agreements  
   25.4B.  Stayed suspension may take effect  
   25.4C.  Applications for lifting of suspension  
   25.4D.  Requests for further information  
   25.4E.  Notification of Secretary's decision  
   25.5.   Authorisation of another person to make appraisals or reappraisals  

           Division 26--When do classifications take effect?

   26.1.   Appraisals received within the appropriate period--care other than respite care  
   26.2.   Appraisals not received within the appropriate period--care other than respite care  
   26.3.   When respite care classifications take effect  

           Division 27--Expiry and renewal of classifications

   27.1.   When do classifications cease to have effect?  
   27.2.   Expiry dates and reappraisal periods  
   27.3.   Reappraisal required by Secretary  
   27.4.   Reappraisal at initiative of approved provider  
   27.5.   Requirements for reappraisals  
   27.5A.  Certain expiry date reappraisals must not be made  
   27.6.   Renewal of classifications  
   27.7.   Date of effect of renewal of classification that has an expiry date--reappraisal received during reappraisal period  
   27.8.   Date of effect of renewal of classification that has an expiry date--reappraisal received after reappraisal period  
   27.9.   Date of effect of renewal--reappraisals at initiative of approved provider  

           Division 29--How are classifications changed?

   29.1.   Changing classifications  
   29.2.   Date of effect of change  

           Division 29A--Civil penalty for incorrect classifications

   29A.1.  Warning notices  
   29A.2.  Civil penalty  
   29A.3.  When changes are significant  

   PART 2.4A----CLASSIFICATION OF CARE RECIPIENTS ON OR AFTER THE TRANSITION DAY

           Division 29B--Introduction

   29B.1.  What this Part is about  
   29B.2.  The Classification Principles  

           Division 29C--How are care recipients classified?

   29C.1.  Application of this Division  
   29C.2.  Classification of care recipients  
   29C.3.  Secretary may assess care recipient  
   29C.4.  Care recipients may have classifications for both respite and non - respite care  
   29C.5.  Classification levels  
   29C.6.  Exclusion of classes of care recipients  
   29C.7.  Classifications of persons who cease to be care recipients  
   29C.8.  Use of computer programs to make decisions  

           Division 29D--How are care recipients reclassified?

   29D.1.  Reclassification of care recipients  

           Division 29E--How are classifications changed?

   29E.1.  Changing classifications  

   PART 2.5----EXTRA SERVICE PLACES

           Division 30--Introduction

   30.1.   What this Part is about  
   30.2.   The Extra Service Principles  
   30.3.   Meaning of distinct part  

           Division 31--When is a place an extra service place?

   31.1.   Extra service place  
   31.3.   Effect of allocation, transfer or variation of places to services with extra service status  

           Division 32--How is extra service status granted?

   32.1.   Grants of extra service status  
   32.2.   Invitations to apply  
   32.3.   Applications for extra service status  
   32.4.   Criteria to be considered by Secretary  
   32.5.   Competitive assessment of applications  
   32.6.   Application fee  
   32.7.   Maximum proportion of places  
   32.8.   Conditions of grant of extra service status  
   32.9.   Notification of extra service status  

           Division 33--When does extra service status cease?

   33.1.   Cessation of extra service status  
   33.3.   Lapsing of extra service status  
   33.4.   Revocation or suspension of extra service status at approved provider's request  

           Division 35--How are extra service fees approved?

   35.1.   Approval of extra service fees  
   35.2.   Applications for approval  
   35.3.   Rules about amount of extra service fee  
   35.4.   Notification of decision  

           Division 36--When is residential care provided on an extra service basis?

   36.1.   Provision of residential care on extra service basis  
   36.2.   Extra service agreements not to be entered under duress etc.  
   36.3.   Contents of extra service agreements  
   36.4.   Additional protection for existing residents  
            

CHAPTER 3--Subsidies
            

           Division 40--Introduction

   40.1.   What this Chapter is about  

   PART 3.1----RESIDENTIAL CARE SUBSIDY

           Division 41--Introduction

   41.1.   What this Part is about  
   41.2.   The Subsidy Principles  
   41.3.   Meaning of residential care  

           Division 42--Who is eligible for residential care subsidy?

   42.1.   Eligibility for residential care subsidy  
   42.2.   Leave from residential care services  
   42.2A.  Determining situations of emergency to enable additional leave  
   42.3.   Working out periods of leave  
   42.4.   Accreditation requirement  
   42.5.   Determinations allowing for exceptional circumstances  
   42.6.   Revocation of determinations  
   42.7.   Exceeding the number of places for which there is an allocation  
   42.8.   Notice of refusal to pay residential care subsidy  

           Division 43--How is residential care subsidy paid?

   43.1.   Payment of residential care subsidy  
   43.2.   Meaning of payment period  
   43.3.   Advances  
   43.4.   Claims for residential care subsidy  
   43.4A.  Variations of claims for residential care subsidy  
   43.5.   Deductions for fees  
   43.6.   Capital repayment deductions  
   43.9.   Recovery of overpayments  

           Division 44--What is the amount of residential care subsidy?

   44.1.   What this Division is about  

              Subdivision 44-A--Working out the amount of residential care subsidy

   44.2.   Amount of residential care subsidy  

              Subdivision 44-B--The basic subsidy amount

   44.3.   The basic subsidy amount  

              Subdivision 44-C--Primary supplements

   44.5.   Primary supplements  

              Subdivision 44-D--Reductions in subsidy

   44.17.  Reductions in subsidy  
   44.20.  The compensation payment reduction  
   44.20A. Secretary's powers if compensation information is not given  
   44.21.  The care subsidy reduction  
   44.22.  Working out the means tested amount  
   44.23.  Care subsidy reduction taken to be zero in some circumstances  
   44.24.  The care recipient's total assessable income  
   44.26.  The care recipient's total assessable income free area  
   44.26A. The value of a person's assets  
   44.26B. Definitions relating to the value of a person's assets  
   44.26C. Determination of value of person's assets  

              Subdivision 44-F--Other supplements

   44.27.  Other supplements  
   44.28.  The accommodation supplement  
   44.30.  The hardship supplement  
   44.31.  Determining cases of financial hardship  
   44.32.  Revoking determinations of financial hardship  

   PART 3.2----HOME CARE SUBSIDY

           Division 45--Introduction

   45.1.   What this Part is about  
   45.2.   The Subsidy Principles  
   45.3.   Meaning of home care  

           Division 46--Who is eligible for home care subsidy?

   46.1.   Eligibility for home care subsidy  
   46.2.   Suspension of home care services  
   46.4.   Notice of refusal to pay home care subsidy  

           Division 47--On what basis is home care subsidy paid?

   47.1.   Payability of home care subsidy  
   47.2.   Meaning of payment period  
   47.4.   Claims for home care subsidy  
   47.4A.  Variations of claims for home care subsidy  
   47.5.   Recovery of overpayments  

           Division 48--What is the amount of home care subsidy?

              Subdivision A--Amount of home care subsidy

   48.1.   Amount of home care subsidy  

              Subdivision B--Commonwealth contribution amount

   48.1A.  Commonwealth contribution amount  
   48.2.   The basic subsidy amount  
   48.3.   Primary supplements  
   48.4.   Reductions in subsidy  
   48.5.   The compensation payment reduction  
   48.6.   Secretary's powers if compensation information is not given  
   48.7.   The care subsidy reduction  
   48.8.   Care subsidy reduction taken to be zero in some circumstances  
   48.9.   Other supplements  
   48.10.  The hardship supplement  
   48.11.  Determining cases of financial hardship  
   48.12.  Revoking determinations of financial hardship  

              Subdivision C--Shortfall amount

   48.13.  Shortfall amount  

              Subdivision D--Home care accounts

   48.14.  Home care account  
   48.15.  Home care credits  
   48.16.  Home care debits  
   48.17.  Home care account balance  
   48.18.  When home care account ceases  

   PART 3.3----FLEXIBLE CARE SUBSIDY

           Division 49--Introduction

   49.1.   What this Part is about  
   49.2.   The Subsidy Principles  
   49.3.   Meaning of flexible care  

           Division 50--Who is eligible for flexible care subsidy?

   50.1.   Eligibility for flexible care subsidy  
   50.2.   Kinds of care for which flexible care subsidy may be payable  
   50.3.   Exceeding the number of places for which there is an allocation  
   50.4.   Notice of refusal to pay flexible care subsidy  

           Division 51--On what basis is flexible care subsidy paid?

   51.1.   Payment of flexible care subsidy  

           Division 52--What is the amount of flexible care subsidy?

   52.1.   Amounts of flexible care subsidy  
            

CHAPTER 3A--Fees and payments
            

           Division 52A--Introduction

   52A.1.  What this Chapter is about  

   PART 3A.1----RESIDENT AND HOME CARE FEES

           Division 52B--Introduction

   52B.1.  What this Part is about  
   52B.2.  The Fees and Payments Principles  

           Division 52C--Resident fees

   52C.2.  Rules relating to resident fees  
   52C.3.  Maximum daily amount of resident fees  
   52C.4.  The standard resident contribution  
   52C.5.  Maximum daily amount of resident fees for reserving a place  

           Division 52D--Home care fees

   52D.1.  Rules relating to home care fees  
   52D.2.  Maximum daily amount of home care fees  
   52D.3.  The basic daily care fee  

   PART 3A.2----ACCOMMODATION PAYMENTS AND ACCOMMODATION CONTRIBUTIONS

           Division 52E--Introduction

   52E.1.  What this Part is about  
   52E.2.  The Fees and Payments Principles  

           Division 52F--Accommodation agreements

   52F.1.  Information to be given before person enters residential or eligible flexible care  
   52F.2.  Approved provider must enter accommodation agreement  
   52F.3.  Accommodation agreements  
   52F.4.  Refundable deposit not to be required for entry  
   52F.5.  Accommodation agreements for flexible care  
   52F.6.  Accommodation agreements may be included in another agreement  
   52F.7.  Effect of accommodation agreements  

           Division 52G--Rules about accommodation payments and accommodation contributions

   52G.1.  What this Division is about  

              Subdivision 52G-A--Rules about accommodation payments

   52G.2.  Rules about charging accommodation payments  
   52G.3.  Minister may determine maximum amount of accommodation payment  
   52G.4.  Pricing Authority may approve higher maximum amount of accommodation payment  
   52G.5.  Accommodation payments must not be greater than amounts set out in accommodation agreements  

              Subdivision 52G-B--Rules about accommodation contributions

   52G.6.  Rules about charging accommodation contribution  

           Division 52H--Rules about daily payments

   52H.1.  Payment in advance  
   52H.2.  When daily payments accrue  
   52H.3.  Charging interest  
   52H.4.  The Fees and Payments Principles  

           Division 52J--Rules about refundable deposits

   52J.2.  When refundable deposits can be paid  
   52J.3.  The Fees and Payments Principles  
   52J.5.  Person must be left with minimum assets  
   52J.6.  Approved provider may retain income derived  
   52J.7.  Amounts to be deducted from refundable deposits  

           Division 52K--Financial hardship

   52K.1.  Determining cases of financial hardship  
   52K.2.  Revoking determinations of financial hardship  

   PART 3A.3----MANAGING REFUNDABLE DEPOSITS, ACCOMMODATION BONDS AND ENTRY CONTRIBUTIONS

           Division 52L--Introduction

   52L.1.  What this Part is about  

           Division 52M--Prudential requirements

   52M.1.  Compliance with prudential requirements  

           Division 52N--Permitted uses

   52N.1.  Refundable deposits and accommodation bonds to be used only for permitted purposes  
   52N.2.  Offences relating to non - permitted use of refundable deposits and accommodation bonds  
   52N.3.  Request to give information or documents relating to the use of a refundable deposit or accommodation bond to make a loan  

           Division 52P--Refunds

   52P.1.  Refunding refundable deposit balances  
   52P.2.  Refunding refundable deposit balances--former approved providers  
   52P.3.  Payment of interest  
   52P.4.  Delaying refunds to secure re - entry  
            

CHAPTER 4--Responsibilities of approved providers
            

           Division 53--Introduction

   53.1.   What this Chapter is about  
   53.2.   Failure to meet responsibilities does not have consequences apart from under this Act  

   PART 4.1----QUALITY OF CARE

           Division 54--Quality of care

   54.1.   Responsibilities of approved providers  
   54.1A.  Responsibility relating to registered nurses  
   54.2.   Aged Care Quality Standards  
   54.3.   Reportable incidents  
   54.4.   Disclosures qualifying for protection  
   54.5.   Disclosure that qualifies for protection not actionable etc.  
   54.6.   Victimisation prohibited  
   54.7.   Right to compensation  
   54.8.   Approved providers' responsibilities in relation to informants  
   54.9.   Restrictive practice in relation to a care recipient  
   54.10.  Matters that Quality of Care Principles must require etc.  
   54.11.  Immunity from civil or criminal liability in relation to the use of a restrictive practice in certain circumstances  

   PART 4.2----USER RIGHTS

           Division 55--Introduction

   55.1.   What this Part is about  
   55.2.   The User Rights Principles  

           Division 56--What are the general responsibilities relating to user rights?

   56.1.   Responsibilities of approved providers--residential care  
   56.2.   Responsibilities of approved providers--home care  
   56.3.   Responsibilities of approved providers--flexible care  
   56.4.   Complaints resolution mechanisms  
   56.5.   Extent to which responsibilities apply  

           Division 59--What are the requirements for resident agreements?

   59.1.   Requirements for resident agreements  

           Division 61--What are the requirements for home care agreements?

   61.1.   Requirements for home care agreements  

           Division 62--What are the responsibilities relating to protection of personal information?

   62.1.   Responsibilities relating to protection of personal information  
   62.2.   Giving personal information to courts etc.  

   PART 4.3----ACCOUNTABILITY ETC.

           Division 63--Accountability etc.

   63.1.   Responsibilities of approved providers  
   63.1A.  Responsibilities relating to the suitability of key personnel of an approved provider  
   63.1BA. Responsibility relating to the cessation of the provision of certain residential care  
   63.1B.  Responsibility relating to recording entry of new residents  
   63.1C.  Responsibility relating to circumstances materially affecting an approved provider's suitability to provide aged care  
   63.1D.  Responsibilities of certain approved providers relating to their governing bodies etc.  
   63.1E.  Determination that certain responsibilities relating to the governing body of an approved provider do not apply  
   63.1F.  Variation or revocation of determination on the Quality and Safety Commissioner's own initiative  
   63.1G.  Responsibility relating to the giving of information relating to reporting periods  
   63.1H.  Responsibility relating to constitution of approved providers that are wholly - owned subsidiary corporations  
   63.2.   Annual report on the operation of the Act  
            

CHAPTER 5--Grants
            

           Division 69--Introduction

   69.1.   What this Chapter is about  

   PART 5.1----RESIDENTIAL CARE GRANTS

           Division 70--Introduction

   70.1.   What this Part is about  
   70.2.   The Grant Principles  
   70.3.   Meaning of capital works costs  

           Division 71--How do people apply for allocations of residential care grants?

   71.1.   Applications for residential care grants  
   71.2.   Invitation to apply  
   71.3.   Requests for further information  

           Division 72--How are residential care grants allocated?

   72.1.   Allocation of residential care grants  
   72.4.   Compliance with the invitation  
   72.5.   Waiver of requirements  
   72.6.   Notification of allocation  
   72.7.   Notice to unsuccessful applicants  

           Division 73--On what basis are residential care grants paid?

   73.1.   Basis on which residential care grants are paid  
   73.3.   Grants payable only if certain conditions met  
   73.4.   Variation or revocation of allocations  
   73.5.   Variation of allocations on application of approved provider  
   73.6.   Agreement taken to be varied  
   73.7.   Appropriation  

           Division 74--How much is a residential care grant?

   74.1.   The amount of a residential care grant  

   PART 5.5----ADVOCACY GRANTS

           Division 81--Advocacy grants

   81.1.   Advocacy grants  
   81.2.   Applications for advocacy grants  
   81.3.   Deciding whether to make advocacy grants  
   81.4.   Conditions of advocacy grants  
   81.5.   Appropriation  

   PART 5.6----COMMUNITY VISITORS GRANTS

           Division 82--Community visitors grants

   82.1.   Community visitors grants  
   82.2.   Applications for community visitors grants  
   82.3.   Deciding whether to make community visitors grants  
   82.4.   Conditions of community visitors grants  
   82.5.   Appropriation  

   PART 5.7----OTHER GRANTS

           Division 83--Other grants

   83.1.   Other grants  
   83.2.   Conditions of other grants  
   83.3.   Appropriation  
            

CHAPTER 6--Administration
            

           Division 84--Introduction

   84.1.   What this Chapter is about  

   PART 6.1----RECONSIDERATION AND REVIEW OF DECISIONS

           Division 85--Reconsideration and review of decisions

   85.1.   Reviewable decisions  
   85.2.   Deadlines for making reviewable decisions  
   85.3.   Reasons for reviewable decisions  
   85.4.   Reconsidering reviewable decisions  
   85.5.   Reconsideration of reviewable decisions  
   85.6.   Application fee for reconsideration of decision to change classification of care recipient  
   85.8.   ART review of reviewable decisions  

   PART 6.2----PROTECTION OF INFORMATION

           Division 86--Protection of information

   86.1.   Meaning of protected information  
   86.2.   Use of protected information  
   86.3.   Disclosure of protected information for other purposes  
   86.4.   Disclosure of protected information by people conducting assessments  
   86.4A.  Disclosure of certain protected information by officials of the Pricing Authority  
   86.5.   Limits on use of information disclosed under section 86 - 3 , 86 - 4 or 86 - 4A  
   86.6.   Limits on use of protected information disclosed under certain legislation  
   86.7.   Limits on use of protected information by certain Departments  
   86.8.   Disclosure to court  
   86.9.   Information about an aged care service  
   86.10.  Information about aged care services that must be made publicly available  
   86.11.  Publishing star ratings for residential care services  

   PART 6.3----RECORD KEEPING

           Division 87--Introduction

   87.1.   What this Part is about  
   87.2.   Records Principles  
   87.3.   Failure to meet obligations does not have consequences apart from under this Act  

           Division 88--What records must an approved provider keep?

   88.1.   Approved provider to keep and retain certain records  
   88.2.   Approved providers to keep records specified in Records Principles  
   88.3.   False or misleading records  

           Division 89--What records must a person who was an approved provider retain?

   89.1.   Former approved provider to retain records  

   PART 6.4----COMPLIANCE AND ENFORCEMENT POWERS

           Division 90--Introduction

   90.1.   Simplified outline of this Part  

           Division 91--Entry and search powers relating to certain applications and grants

   91.1.   Power to enter premises and exercise search powers in relation to certain applications and grants  
   91.2.   Consent  
   91.3.   Search powers  
   91.4.   Asking questions and seeking production of documents  

           Division 92--Regulatory powers

   92.1.   Monitoring powers  
   92.2.   Modifications of Part 2 of the Regulatory Powers Act  
   92.3.   Investigation powers  
   92.4.   Modifications of Part 3 of the Regulatory Powers Act  

           Division 93--Notice to attend to answer questions etc.

   93.1.   Notice to attend to answer questions etc. relevant to certain matters  
   93.2.   Attending before authorised officer to answer questions  

           Division 94--Appointment of authorised officers

   94.1.   Authorised officers must carry identity card  
   94.2.   Appointment of authorised officers  

   PART 6.5----RECOVERY OF OVERPAYMENTS

           Division 95--Recovery of overpayments

   95.1.   Recoverable amounts  
   95.2.   Recoverable amount is a debt  
   95.3.   Recovery by deductions from amounts payable to debtor  
   95.4.   Recovery where there is a transfer of places  
   95.5.   Refund to transferee if Commonwealth makes double recovery  
   95.6.   Write - off and waiver of debt  

   PART 6.8----HOME CARE ASSURANCE REVIEWS

           Division 95BA--Home care assurance reviews

   95BA.1. Home care assurance reviews  
   95BA.2. Scope of assurance reviews  
   95BA.3. Reports on assurance reviews  
   95BA.4. Assistance in conducting and reporting on assurance reviews  
   95BA.5. Notice to give information or documents  
   95BA.6. Notice to answer questions  
   95BA.7. Duty to provide all reasonable facilities and assistance  
   95BA.8. Request for information or documents  
            

CHAPTER 7--Miscellaneous
            

           Division 95C--Civil penalties

   95C.1.  Civil penalty provisions  

           Division 96--Miscellaneous

   96.1.   Principles  
   96.2.   Delegation of Secretary's powers and functions  
   96.2A.  Identity cards for certain delegates  
   96.3.   Committees  
   96.4.   Care provided on behalf of an approved provider  
   96.5.   Care recipients etc. lacking capacity to enter agreements  
   96.6.   Applications etc. on behalf of care recipients  
   96.7.   Withdrawal of applications  
   96.9.   Application of the Criminal Code  
   96.10.  Appropriation  
   96.13.  Regulations  
           SCHEDULE 1 Dictionary