Sanctions Amendment (Various Measures) Principle 2013
I, Jacinta Collins, Minister for Mental Health and Ageing, make the following principle under the Aged Care Act 1997.
Dated: 8/7 2013
Jacinta Collins
Minister for Mental Health and Ageing
Contents
1 Name of principle 1
2 Commencement 1
3 Authority 1
4 Schedule(s) 1
Schedule 1—Amendments 2
Sanctions Principles 1997 2
1 Name of principle
This principle is the Sanctions Amendment (Various Measures) Principle 2013.
2 Commencement
This principle commences on 1 August 2013.
3 Authority
This principle is made under the Aged Care Act 1997.
4 Schedule(s)
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Sanctions Principles 1997
1 Section 22.3 (note at end)
Repeal the note, substitute:
Note: A number of expressions used in these Principles are defined in the Act, including the following:
(a) disqualified individual;
(b) key personnel.
2 Subsection 22.7(3)
Repeal the subsection, substitute:
(3) The Secretary may approve the appointment only if the Secretary is satisfied that:
(a) the proposed adviser meets the eligibility criteria for appointment; and
(b) the proposed adviser has a sufficient understanding of the issues that need to be addressed to remedy the non-compliance; and
(c) there would be no conflict, affecting the delivery of care or other services, between the proposed adviser’s obligations as adviser and any other obligations of the proposed adviser; and
(d) the proposed adviser has complied with any requirement under subsection (2).
3 Subsection 22.7(6)
Repeal the subsection, substitute:
(6) A decision under subsection 22.7(1) to refuse to approve the proposed appointment is a reviewable decision under section 85-1 of the Act.
4 Subsection 22.9(2)
Omit “7 days”, substitute “5 days”.
5 Subsection 22.13(6)
Repeal the subsection, substitute:
(6) A decision under subsection 22.13(1) to refuse to approve the proposed appointment is a reviewable decision under section 85-1 of the Act.
6 Subsection 22.15(2)
Omit “7 days”, substitute “5 days”.
7 Subparagraph 22.20(1)(b)(iii)
Repeal the subparagraph, substitute:
(iii) against the Home Care Standards of the home care services (if any) provided by the approved provider;
8 Subsection 22.20(2) (definition of Community Care Standards)
Repeal the definition, substitute:
Home Care Standards means the Home Care Standards mentioned in Part 5 of the Quality of Care Principles 1997.