Complaints Amendment (Living Longer Living Better) 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
Complaints Principles 2011                                                                                                                2
 
 
 
 
1  Name of principle
                   This principle is the Complaints Amendment (Living Longer Living Better) 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                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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
  
Complaints Principles 2011
1  Paragraph 13A.23(6)(a)
Repeal the paragraph, substitute:
(a)     the resolution process was undertaken as a result of a direction by the ACC under paragraph 13A.25 (2) (c); and
 
2  Section 13A.25
Repeal the section, substitute:
13A.25   Examination by ACC
(1)If the ACC decides under paragraph 13A.24 (1) (b) to examine a decision of the Secretary, the ACC may examine the decision in whatever manner the ACC considers appropriate.
(2)Within 60 days of the ACC deciding under paragraph 13A.24 (1) (b) to examine the Secretary’s decision, the ACC must:
 (a)    decide to take no further action on the basis that subsection 13A.24 (2) applies; or
               (b)    recommend that the Secretary not undertake a new resolution process; or
                (c)    direct the Secretary to undertake a new resolution process in accordance with Parts 3 to 5.
         (3)   If the ACC directs under paragraph (2) (c) that the Secretary undertake a new resolution process, the ACC may specify matters the Secretary must take into account in undertaking the new resolution process.
         (4)   The ACC must notify the following persons, in writing, of the ACC’s decision under subsection (2), and any matters identified under subsection (3):
                (a)    the complainant (if any);
               (b)    the approved provider to which the examination relates;
                (c)    the Secretary.
         (5)   The ACC may also notify any other person the ACC considers appropriate.
 
3  Section 13A.26
Repeal the section, substitute:
13A.26   New resolution process following ACC examination
         (1)   If the ACC directs under paragraph 13A.25 (2) (c) that the Secretary undertake a new resolution process, the Secretary must, within 46 days of receiving the direction:
                (a)    consider the matters identified by the ACC under subsection
                        13A.25 (3); and
               (b)    undertake and end the new resolution process in accordance with Parts 3 to 5 and this section.
         (2)   The timeframe mentioned in subsection (1) may be extended by a further 28 days if the Secretary notifies the complainant (if any) and the approved provider to which the new resolution process relates, prior to the expiration of the original 46 days, that the time period is to be extended and the reason for the extension.
         (3)   If the time period is extended under subsection (2), the Secretary must notify the ACC that the time period has been extended and the reason for the extension.
         (4)   The Secretary must notify the following persons, in writing, that the Secretary is undertaking a new resolution process following a direction by the ACC:
                (a)    the complainant (if any);
               (b)    the approved provider;
                (c)    the ACC.
 
(5)   Before deciding to end the new resolution process under section 13A.13, the Secretary must:
                (a)    notify the ACC that the Secretary is considering ending the new resolution process and the Secretary’s reasons for considering making that decision; and
               (b)    take into account any comments given to the Secretary by the ACC within 7 days of the ACC being notified under paragraph (a).
(6)The Secretary must give the ACC a copy of the feedback given under section 13A.16.
 
4  Section 13A.30
Repeal the section, substitute:
13A.30   Examination of complaint
(1)The ACC may examine a complaint made under section 13A.27 in the manner that the ACC considers appropriate.
(2)The ACC may at any time decide to take no further action on the basis that, having regard to all the circumstances, examination of the complaint is not warranted.
 
5  Part 8
Repeal, substitute:
Part 8             Transitional
13A.33   Examination by ACC
                If, immediately before 1 August 2013, the ACC is examining a decision of the Secretary, section 13A.25 as in force on 1 August 2013 applies to the examination.
13A.34   New resolution process                                                      
 
If, immediately before 1 August 2013, the Secretary is undertaking a new resolution process as recommended by the ACC under paragraph
13A.25 (2) (b) as in force at that time, the process must be completed within the timeframes set out in section 13A.26 as in force on 1 August 2013.