Accountability Amendment (Quality Agency) Principle 2013

Link to law: https://www.comlaw.gov.au/Details/F2013L02179

 
 
Accountability Amendment (Quality Agency) Principle 2013
I, Mitch Fifield, Assistant Minister for Social Services, make the following principle under section 96-1 of the Aged Care Act 1997.
Dated: 19 December 2013
Mitch Fifield
Assistant Minister for Social Services
 
 
 
 
 
 
 
  
  
 
 
 
 
 
 
 
 
 
 
 
 
Contents
1  Name of principle                                                                                                         1
2  Commencement.                                                                                                            1
3  Authority...........                                                                                                            1
4  Schedule(s)........                                                                                                            1
Schedule 1—Amendments                                                                                  2
Accountability Principles 1998                                                                                      2
 
1  Name of principle
                   This principle is the Accountability Amendment (Quality Agency) Principle 2013.
2  Commencement
                   This principle commences on 1 January 2014.
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                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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
Accountability Principles 1998
  
1  Note (before Part 1)
Repeal the boxed note.
2  Section 1.3 (definition of Accreditation Grant Principles)
Repeal the definition.
3  Section 1.3
  Insert:
                                    Quality Agency means the Australian Aged Care Quality Agency.
Quality Agency Principles means the Quality Agency Principles 2013 made under subsection 53 (1) of the Australian Aged Care Quality Agency Act 2013.
quality assessor means a person registered as a quality assessor in accordance with the Quality Agency Principles.
4  Subsection 1.4(1)
Repeal the subsection, substitute:
         (1)   In these Principles, representative means the following persons or bodies:
                (a)    a person or body authorised by the Secretary to access a residential care service to review the certification of the service under section 39‑4 of the Act;
               (b)    the Chief Executive Officer of the Quality Agency;
                (c)    a quality assessor;
               (d)    the Aged Care Commissioner.
5  Section 1.4 (note at the end)
Repeal the note, substitute:
Note:          A number of expressions used in these Principles are defined in the Act, including the following:
(a)    authorised officer;
(b)    certified;
(c)    reportable assault.
6  Section 1.6
Repeal the section, substitute:
1.6       Approved provider’s responsibilities
         (1)   In order to comply with the responsibilities of an approved provider under paragraph 63‑1 (1) (j) of the Act, an approved provider must allow a representative mentioned in paragraph 1.4 (1) (a) access, as set out in these Principles, to the residential care service operated by the approved provider.
         (2)   Under paragraph 63‑1 (1) (m) of the Act, an approved provider must allow a representative mentioned in paragraphs 1.4 (1) (b), (c) or (d) access, as set out in these Principles, to the residential care service operated by the approved provider.
7  Section 1.7A
Repeal the section, substitute:
1.7A    Notification requirements
         (1)   Notice given for section 1.7 must tell the approved provider that it may not be complying with its responsibilities under paragraph 63‑1 (1) (j) or (m) of the Act if it:
                (a)    refuses consent to the representative’s access to the service; or
               (b)    withdraws consent to the representative’s access to the service.
         (2)   Notice given for section 1.7 must also tell the approved provider that failure to comply with a responsibility under paragraph 63‑1 (1) (j) or (m) of the Act may result in a sanction being imposed under Part 4.4 of the Act.
         (3)   Notice given for section 1.7 must also tell the approved provider that an act mentioned in paragraph 1.13 (b) or (c) does not constitute non‑compliance with its responsibilities under paragraph 63‑1 (1) (j) or (m) of the Act.
8  Section 1.7B
Repeal the section, substitute:
1.7B  When notice of access is not required
       The Chief Executive Officer of the Quality Agency and quality assessors may access an approved provider’s residential care service without giving notice to the approved provider.
9  Subsection 1.8(1)
 Repeal the subsection, substitute:
(1)   This section applies to a representative other than the Chief Executive Officer of the Quality Agency or a quality assessor.
10  Section 1.8A (heading)
Repeal the heading, substitute:
1.8A    Consent to access service - representative who is Chief Executive Officer of the Quality Agency or quality assessor
11 Paragraph 1.8A(6) (note at the end)
Omit “63‑1 (1) (j), (l) or (m)” and substitute “63‑1 (1), (j) or (m)”
12  Subsection 1.8A(1)
Repeal the subsection, substitute:
         (1)   A representative who is the Chief Executive Officer of the Quality Agency or a quality assessor must not access an approved provider’s residential care service without the consent of:
                (a)    the approved provider; or
               (b)    a person who is on, and apparently in charge of, the premises (the person in charge).
13  Section 1.13
Omit “63‑1 (1) (j), (l) or (m)” and substitute “63‑1 (1) (j) or (m)”
14  After section 1.14A
Insert:
1.14B  Period for approved provider to notify the Secretary about entry of care recipient to residential care service
For subsection 63-1B (2) of the Act, the period is 28 days.
15  Section 1.16A
Repeal the section, substitute:
1.16A  Information about building, upgrading and refurbishment to be given to Minister
(1)   If the Minister asks an approved provider, in writing, to give the Minister information about the extent of building, upgrading and refurbishment of an aged care service that the Minister needs to prepare a report under section 63-2 of the Act, the provider must comply with the request.
(2)   The Minister must specify a reasonable time for the provider to comply with the request.
16  Subsection 1.21(1)
Omit “or 1.23”.
17  Part 4, Division 3
Repeal the Division.
18  Part 5 (heading)
Repeal the heading, substitute:
Part 5              Circumstances in which requirement to report allegation or suspicion of reportable assault does not apply
 
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