Australian Aged Care Quality Agency (Transitional Provisions) Regulation 2013

Link to law: https://www.comlaw.gov.au/Details/F2013L02190

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Australian Aged Care Quality Agency (Transitional Provisions) Regulation 2013
 
Select Legislative Instrument No. 255, 2013
I, Quentin Bryce AC CVO, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under item 18 of Schedule 1 to the Australian Aged Care Quality Agency (Transitional Provisions) Act 2013.
Dated 21 November 2013
Quentin Bryce
Governor‑General
By Her Excellency’s Command
Mitch Fifield
Assistant Minister for Social Services
 
 
  
  
  
Contents
Part 1—Preliminary                                                                                                             1
1............ Name of regulation.............................................................................. 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Definitions.......................................................................................... 1
Part 2—Decisions made by accreditation body                                                   3
5............ Decisions made by accreditation body, but not notified to approved provider, before commencement day              3
6............ Decisions made by accreditation body, but not notified to Secretary, before commencement day            4
7............ Reconsideration decisions made by accreditation body, but not notified to relevant person, before commencement day............................................................................................................ 4
8............ Reconsideration decisions made by accreditation body, but not notified to Secretary, before commencement day   5
Part 3—Site audits                                                                                                                 7
9............ Site audit not completed before commencement day........................... 7
10.......... Site audit completed, but accreditation decision not made, before commencement day             8
11.......... Objection to assessment team member for site audit made before commencement day            9
Part 4—Monitoring of accredited services                                                           11
12.......... Arrangements for assessment contacts made before commencement day 11
13.......... Review audit arranged or requested, but assessment team not created, before commencement day          11
14.......... Review audit arranged or requested, but not completed, before commencement day                12
15.......... Review audit completed, but accreditation decision not made, before commencement day       13
Part 5—Registration of quality assessors                                                              14
16.......... Persons registered as quality assessors before commencement day.. 14
17.......... Decisions relating to registration of persons as quality assessors not notified before commencement day               14
Part 6—Dealing with non‑compliance                                                                     16
18.......... Information about failure to comply with Accreditation Standards... 16
19.......... Request for copy of plan for continuous improvement..................... 17
20.......... Information relating to improvements of accredited service.............. 17
21.......... Action if improvements not satisfactory............................................ 18
Part 7—Reconsideration and review                                                                       19
22.......... Request made before commencement day for reconsideration of decision made by accreditation body   19
23.......... Reconsideration and review of decision made by accreditation body that was notified on or after commencement day.......................................................................................................... 19
24.......... Review by Administrative Appeals Tribunal.................................... 20
Part 8—Other matters                                                                                                       21
25.......... Decisions not published before commencement day......................... 21
26.......... Requests by Minister for information about accreditation body’s operations           21
27.......... Requests by Secretary for protected information acquired by accreditation body     22
28.......... Things done by, or in relation to, accreditation body before commencement day are not affected            22
 
Part 1—Preliminary
  
1  Name of regulation
                   This regulation is the Australian Aged Care Quality Agency (Transitional Provisions) Regulation 2013.
2  Commencement
                   This regulation commences on 1 January 2014.
3  Authority
                   This regulation is made under item 18 of Schedule 1 to the Australian Aged Care Quality Agency (Transitional Provisions) Act 2013.
4  Definitions
                   In this regulation:
Accreditation Grant Principles means the Accreditation Grant Principles 2011, as in force immediately before 1 January 2014.
accredited service has the meaning given by section 2.4 of the Accreditation Grant Principles.
Aged Care Act means the Aged Care Act 1997.
approved provider has the meaning given by clause 1 of Schedule 1 to the Aged Care Act.
assessment contact has the meaning given by section 2.4 of the Accreditation Grant Principles.
commencing service has the meaning given by section 2.5 of the Accreditation Grant Principles.
protected information has the meaning given by clause 1 of Schedule 1 to the Aged Care Act.
Quality Agency (Transitional Provisions) Act means the Australian Aged Care Quality Agency (Transitional Provisions) Act 2013.
registrar has the meaning given by section 2.4 of the Accreditation Grant Principles.
review audit has the meaning given by section 2.4 of the Accreditation Grant Principles.
site audit has the meaning given by section 2.4 of the Accreditation Grant Principles.
site audit report has the meaning given by section 2.4 of the Accreditation Grant Principles.
Note 1:       The following expressions are defined in item 1 of Schedule 1 to the Quality Agency (Transitional Provisions) Act:
(a)    accreditation body;
(b)    CEO of the Quality Agency;
(c)    commencement day;
(d)    Quality Agency Act;
(e)    Quality Agency Principles.
Note 2:       The commencement day is 1 January 2014.
Part 2—Decisions made by accreditation body
  
5  Decisions made by accreditation body, but not notified to approved provider, before commencement day
             (1)  This section applies if:
                     (a)  the accreditation body had, before the commencement day, made a decision about a residential care service under Part 3, Division 3 of Part 4 or Division 5 of Part 7 of the Accreditation Grant Principles; and
                     (b)  the accreditation body had not, before the commencement day:
                              (i)  notified the approved provider of the service of the decision, in accordance with Part 5 or Division 6 of Part 7 (as the case requires) of the Accreditation Grant Principles; or
                             (ii)  given the approved provider any other information or documents required by those provisions to be given to the approved provider.
             (2)  The CEO of the Quality Agency must, within 14 days after the commencement day:
                     (a)  notify the approved provider, in writing, of the accreditation body’s decision; and
                     (b)  give the approved provider any other information or documents that were required, by Part 5 or Division 6 of Part 7 of the Accreditation Grant Principles, to be given to the approved provider.
Note:          If the accreditation body’s decision was mentioned in the table in section 2.67 of the Accreditation Grant Principles (which dealt with reconsideration and review), then, on and after the commencement day, the Quality Agency Principles apply to the decision as if it were a decision made by the CEO of the Quality Agency on the commencement day that may be reconsidered and reviewed under those principles (see section 23 of this regulation).
6  Decisions made by accreditation body, but not notified to Secretary, before commencement day
             (1)  This section applies if:
                     (a)  the accreditation body had, before the commencement day, made a decision about a residential care service under Part 3, Division 3 of Part 4 or Division 5 of Part 7 of the Accreditation Grant Principles; and
                     (b)  the accreditation body had not, before the commencement day, notified the Secretary about the decision as required by Part 5 or Division 6 of Part 7 of the Accreditation Grant Principles (as the case requires).
             (2)  The CEO of the Quality Agency must, within 14 days after the commencement day, notify the Secretary, in writing, about the accreditation body’s decision and the matters related to the decision, as mentioned in Part 5 or Division 6 of Part 7 (as the case requires) of the Accreditation Grant Principles.
7  Reconsideration decisions made by accreditation body, but not notified to relevant person, before commencement day
             (1)  This section applies if:
                     (a)  the accreditation body had, before the commencement day, reconsidered a decision (the reconsideration decision) about a residential care service under Part 9 of the Accreditation Grant Principles; and
                     (b)  the accreditation body had not, before the commencement day:
                              (i)  notified the person (the relevant person) who requested the reconsideration of the decision, in accordance with that Part; or
                             (ii)  given the relevant person any document required by that Part to be given to the person.
             (2)  The CEO of the Quality Agency must:
                     (a)  notify the relevant person, in writing, of the reconsideration decision; and
                     (b)  give the relevant person any document that was required by Part 9 of the Accreditation Grant Principles to be given to the person.
Note:          An application may be made to the Administrative Appeals Tribunal for review of the decision (see section 24 of this regulation).
             (3)  If:
                     (a)  the reconsideration decision was made under section 2.69 of the Accreditation Grant Principles; and
                     (b)  the decision related to a decision mentioned in item 1, 2 or 5 of the table in section 2.67 of those principles;
then the CEO must comply with subsection (2) before the later of:
                     (c)  56 days after the accreditation body received the request for the reconsideration; and
                     (d)  14 days after the commencement day.
             (4)  If:
                     (a)  the reconsideration decision was made under section 2.70 of the Accreditation Grant Principles; and
                     (b)  the decision related to a decision mentioned in item 1, 2 or 5 of the table in section 2.67 of those principles;
then the CEO must comply with subsection (2) before the later of:
                     (c)  56 days after the accreditation body commenced its reconsideration; and
                     (d)  14 days after the commencement day.
             (5)  If the reconsideration decision related to a decision mentioned in item 3, 4, 6 or 7 of the table in section 2.67 of the Accreditation Grant Principles, the CEO must comply with subsection (2) within 14 days after the commencement day.
8  Reconsideration decisions made by accreditation body, but not notified to Secretary, before commencement day
             (1)  This section applies if:
                     (a)  the accreditation body had, before the commencement day, reconsidered a decision (the reconsideration decision) about a residential care service under Part 9 of the Accreditation Grant Principles; and
                     (b)  the accreditation body had not, before the commencement day, notified the Secretary about the decision as required by that Part.
             (2)  The CEO of the Quality Agency must notify the Secretary, in writing, about the reconsideration decision.
             (3)  The CEO must comply with subsection (2) in relation to the reconsideration decision within the same time period as applies in relation to notification of the decision under section 7.
Part 3—Site audits
  
9  Site audit not completed before commencement day
             (1)  This section applies if:
                     (a)  an application for re‑accreditation of an accredited service had been made in accordance with Part 2 of the Accreditation Grant Principles; and
                     (b)  an assessment team had been created under subsection 2.38(1) of those principles to conduct a site audit of the service; and
                     (c)  the site audit had not been completed or the assessment team had not given the accreditation body the reports required by subsection 2.27(1) of those principles.
Note:          The application is taken, for the purposes of the Quality Agency Act, to be an application made to the Quality Agency by the approved provider, on the commencement day, under the Quality Agency Principles (see subitem 10(1) of Schedule 1 to the Quality Agency (Transitional Provisions) Act).
             (2)  For the purpose of applying the Quality Agency Principles in relation to the application for re‑accreditation of the service and the site audit:
                     (a)  the assessment team is taken to have been appointed under subsection 2.59(1) of the Quality Agency Principles to conduct a site audit of the service under those principles; and
                     (b)  a thing that was done by, or in relation to, the accreditation body, under a provision of the Accreditation Grant Principles, for the purpose of the site audit has effect, on and after the commencement day, as if it had been done by, or in relation to, the CEO of the Quality Agency under the corresponding provision of the Quality Agency Principles; and
                     (c)  a thing that was done by, or in relation to, the assessment team, under a provision of the Accreditation Grant Principles, for the purpose of the site audit has effect, on and after the commencement day, as if it had been done by, or in relation to, the assessment team under the corresponding provision of the Quality Agency Principles; and
                     (d)  a thing that was done by, or in relation to, the approved provider of the service, or another person, under a provision of the Accreditation Grant Principles, for the purpose of the site audit has effect, on and after the commencement day, as if it had been done by, or in relation to, the approved provider of the service, or the other person, under the corresponding provision of the Quality Agency Principles.
             (3)  However, subsection (2) is not taken to change the time at which a thing was actually done.
10  Site audit completed, but accreditation decision not made, before commencement day
             (1)  This section applies if:
                     (a)  an application for re‑accreditation of an accredited service had been made in accordance with Part 2 of the Accreditation Grant Principles; and
                     (b)  a site audit of the service had been conducted under Division 2 of Part 4 of those principles; and
                     (c)  the assessment team had given the accreditation body the reports required by subsection 2.27(1) of those principles; and
                     (d)  the application had not been decided before the commencement day.
Note:          The application is taken, for the purposes of the Quality Agency Act, to be an application made to the Quality Agency by the approved provider, on the commencement day, under the Quality Agency Principles (see subitem 10(1) of Schedule 1 to the Quality Agency (Transitional Provisions) Act).
             (2)  The Quality Agency Principles apply in relation to the application as if:
                     (a)  the site audit had been conducted under Subdivision B of Division 3 of Part 1 of Chapter 2 of those principles; and
                     (b)  the reports about the site audit had been given to the CEO of the Quality Agency on the commencement day under subsection 2.17(3) of those principles.
11  Objection to assessment team member for site audit made before commencement day
Objection made but decision not made
             (1)  If:
                     (a)  the approved provider of an accredited service had, in accordance with subsection 2.40(3) of the Accreditation Grant Principles, objected to the appointment of a person to an assessment team created to conduct a site audit of the service; and
                     (b)  the accreditation body had not made a decision in relation to the objection before the commencement day;
then the Quality Agency Principles apply in relation to the objection, as if it had been made to the CEO of the Quality Agency, on the commencement day, in accordance with subsection 2.61(3) of the Quality Agency Principles.
Objection made and decision made, but approved provider not notified
             (2)  If:
                     (a)  the approved provider of an accredited service had, in accordance with subsection 2.40(3) of the Accreditation Grant Principles, objected to the appointment of a person to an assessment team created to conduct a site audit of the service; and
                     (b)  the accreditation body had made a decision in relation to the objection before the commencement day, but had not notified the approved provider of the decision before that day;
then the CEO of the Quality Agency must, within 7 days after the commencement day, notify the approved provider, in writing, of:
                     (c)  the decision; and
                     (d)  if the objection was accepted and another person was appointed to the assessment team—the full name of the other person.
Note:          If the accreditation body’s decision was to reject the objection, the decision may be reconsidered and reviewed, on or after the commencement day, under the Quality Agency Principles as if the decision were a decision made by the CEO of the Quality Agency on the commencement day (see section 23 of this regulation).
Part 4—Monitoring of accredited services
  
12  Arrangements for assessment contacts made before commencement day
             (1)  This section applies if:
                     (a)  the accreditation body had made arrangements for assessment contacts with the approved provider of an accredited service under a provision of the Accreditation Grant Principles; and
                     (b)  some or all of the assessment contacts were intended to take place on or after the commencement day.
             (2)  The Quality Agency Principles apply in relation to the arrangements as if the CEO of the Quality Agency had made them with the approved provider on the commencement day under the corresponding provision of those principles.
13  Review audit arranged or requested, but assessment team not created, before commencement day
             (1)  This section applies if:
                     (a)  either:
                              (i)  the accreditation body had arranged for a review audit of an accredited service to be conducted under Division 4 of Part 7 of the Accreditation Grant Principles; or
                             (ii)  the Secretary had requested the accreditation body to arrange for a review audit of an accredited service to be conducted under that Division; and
                     (b)  an assessment team had not been created under subsection 2.38(2) of the Accreditation Grant Principles to conduct the review audit.
             (2)  The Quality Agency Principles apply in relation to the accredited service as if (as the case requires):
                     (a)  the CEO of the Quality Agency had decided, under subsection 2.35(1) of those principles, to arrange for a review audit of the service to be conducted; or
                     (b)  the Secretary had, under subsection 2.35(2) of those principles, requested the CEO to arrange for a review audit of the service to be conducted.
14  Review audit arranged or requested, but not completed, before commencement day
             (1)  This section applies if:
                     (a)  an assessment team had been created under subsection 2.38(2) of the Accreditation Grant Principles to conduct a review audit of an accredited service; and
                     (b)  the review audit had not been completed or the assessment team had not given the accreditation body and the approved provider of the service the reports required by subsection 2.55(1) of those principles.
             (2)  The Quality Agency Principles apply in relation to the accredited service and the review audit and, for that purpose:
                     (a)  the assessment team is taken to have been appointed under subsection 2.59(2) of the Quality Agency Principles to conduct a review audit of the service under those principles; and
                     (b)  a thing that was done by, or in relation to, the accreditation body, under a provision of the Accreditation Grant Principles, for the purpose of the review audit has effect, on and after the commencement day, as if it had been done by, or in relation to, the CEO of the Quality Agency under the corresponding provision of the Quality Agency Principles; and
                     (c)  a thing that was done by, or in relation to, the assessment team, under a provision of the Accreditation Grant Principles, for the purpose of the review audit has effect, on and after the commencement day, as if it had been done by, or in relation to, the assessment team under the corresponding provision of the Quality Agency Principles; and
                     (d)  a thing that was done by, or in relation to, the approved provider of the service, or another person, under a provision of the Accreditation Grant Principles, for the purpose of the review audit has effect, on and after the commencement day, as if it had been done by, or in relation to, the approved provider of the service, or the other person, under the corresponding provision of the Quality Agency Principles.
             (3)  However, subsection (2) is not taken to change the time at which a thing was actually done.
15  Review audit completed, but accreditation decision not made, before commencement day
             (1)  This section applies if:
                     (a)  a review audit of an accredited service had been conducted under Division 4 of Part 7 of the Accreditation Grant Principles; and
                     (b)  the assessment team had given the accreditation body and the approved provider of the service the reports about the review audit required by subsection 2.55(1) of those principles; and
                     (c)  the accreditation body had not made a decision about the accreditation of the service under Division 5 of Part 7 of those principles before the commencement day.
             (2)  The Quality Agency Principles apply in relation to the accredited service as if:
                     (a)  the review audit had been conducted under Division 4 of Part 2 of those principles; and
                     (b)  the reports about the review audit had been given to the CEO of the Quality Agency and the approved provider of the service on the commencement day under subsection 2.41(3) of those principles.
Part 5—Registration of quality assessors
  
16  Persons registered as quality assessors before commencement day
             (1)  This section applies to a person if:
                     (a)  the person was registered as a quality assessor under section 2.81 or 2.83 of the Accreditation Grant Principles; and
                     (b)  the registration was in force immediately before the commencement day.
             (2)  The person is taken, at the beginning of the commencement day, to have been registered as a quality assessor by the CEO of the Quality Agency, in accordance with section 2.51 of the Quality Agency Principles, for the balance of the period of the person’s registration as a quality assessor that remained immediately before the commencement day.
17  Decisions relating to registration of persons as quality assessors not notified before commencement day
             (1)  This section applies if:
                     (a)  the registrar had, before the commencement day, made any of the following decisions under the Accreditation Grant Principles:
                              (i)  to register a person as a quality assessor under subsection 2.81(1);
                             (ii)  not to register a person as a quality assessor under subsection 2.81(2);
                            (iii)  to register a person as a quality assessor for a further period under subsection 2.83(2);
                            (iv)  to remove a person’s name from the register of quality assessors under subsection 2.83(3) or 2.84(1); and
                     (b)  the registrar had not, before the commencement day, notified the person about the decision or the reasons for the decision.
             (2)  The CEO of the Quality Agency must, as soon as practicable after the commencement day, notify the person:
                     (a)  of the registrar’s decision; and
                     (b)  of the reasons for the decision.
Note:          If the registrar’s decision was to remove the person’s name from the register of quality assessors under subsection 2.83(3) or 2.84(1) of the Accreditation Grant Principles, the decision may be reconsidered and reviewed, on or after the commencement day, under the Quality Agency Principles as if the decision were a decision made by the CEO of the Quality Agency on the commencement day to cancel the person’s registration as a quality assessor (see section 23 of this regulation).
Part 6—Dealing with non‑compliance
  
18  Information about failure to comply with Accreditation Standards
             (1)  If:
                     (a)  under section 2.64 of the Accreditation Grant Principles, the accreditation body was required to give the approved provider of an accredited service:
                              (i)  information, evidence and a statement relating to a failure to comply with the Accreditation Standards; and
                             (ii)  a notice under subsection 2.64(3) of those principles; and
                     (b)  the accreditation body had not done so before the commencement day;
then the CEO of the Quality Agency must, as soon as possible after the commencement day, give the approved provider, in writing, the information, evidence and statement mentioned in subparagraph (a)(i) and the notice mentioned in subparagraph (a)(ii).
             (2)  The approved provider must revise the plan for continuous improvement for the service in accordance with the direction in the notice mentioned in subparagraph (1)(a)(ii) within 14 days after receiving the notice.
             (3)  If:
                     (a)  under paragraph 2.64(2)(b) of the Accreditation Grant Principles, the accreditation body was required to give the Secretary information, evidence and a statement relating to a failure to comply with the Accreditation Standards; and
                     (b)  the accreditation body had not done so before the commencement day;
then the CEO of the Quality Agency must, as soon as possible after the commencement day, give the information, evidence and statement to the Secretary, in writing.
19  Request for copy of plan for continuous improvement
                   If:
                     (a)  the accreditation body had, under subsection 2.64(5) of the Accreditation Grant Principles, requested the approved provider of an accredited service to make a copy of the plan for continuous service for the service available to the accreditation body; and
                     (b)  the approved provider had not done so before the commencement day;
then the approved provider must comply with the request as if it had been made by the CEO of the Quality Agency under subsection 2.63(5) of the Quality Agency Principles.
20  Information relating to improvements of accredited service
             (1)  If:
                     (a)  the accreditation body was required to give the Secretary information in relation to a residential care service under subsection 2.65(2) of the Accreditation Grant Principles; and
                     (b)  the accreditation body had not done so before the commencement day;
then the CEO of the Quality Agency must, within 14 days after the commencement day, give the information to the Secretary, in writing.
             (2)  If:
                     (a)  the accreditation body was required to give the approved provider of an accredited service information in relation to the service under subsection 2.65(2) of the Accreditation Grant Principles; and
                     (b)  the accreditation body had not done so before the commencement day;
then the CEO of the Quality Agency must, within 14 days after the commencement day, give the information to the approved provider, in writing.
21  Action if improvements not satisfactory
             (1)  This section applies if:
                     (a)  the approved provider of an accredited service had been given a timetable for making improvements in relation to the service under the Accreditation Grant Principles; and
                     (b)  the period for making the improvements under the Accreditation Grant Principles had not ended before the commencement day; and
                     (c)  at the end of the period referred to in paragraph (b), or any extension of that period granted by the CEO of the Quality Agency on or after the commencement day, the CEO is not satisfied that the level of care and services provided through the service complies with the Accreditation Standards.
             (2)  The CEO must give the Secretary and the approved provider:
                     (a)  a written notice setting out:
                              (i)  the reasons why the CEO is not satisfied of the matters mentioned in paragraph (1)(c); and
                             (ii)  details of the evidence relied on by the CEO to support this finding; and
                     (b)  a copy of any other relevant information.
             (3)  The CEO must comply with subsection (2):
                     (a)  as soon as practicable, but not later than 14 days, after the end of the period referred to in paragraph (1)(b); and
                     (b)  if that period is extended by the CEO of the Quality Agency on or after the commencement day—as soon as practicable, but not later than 14 days, after the end of each period of extension.
Part 7—Reconsideration and review
  
22  Request made before commencement day for reconsideration of decision made by accreditation body
             (1)  This section applies if:
                     (a)  a person had, in accordance with Part 9 of the Accreditation Grant Principles, requested the accreditation body to reconsider a decision covered by that Part; and
                     (b)  as at the commencement day, the accreditation body had not reconsidered the decision as requested.
Note:          The request is taken, for the purposes of the Quality Agency Act, to be a request made by the person to the Quality Agency, on the commencement day, for reconsideration of the decision under the Quality Agency Principles (see subitem 10(3) of Schedule 1 to the Quality Agency (Transitional Provisions) Act).
             (2)  The Quality Agency Principles apply in relation to the request for reconsideration of the decision as if:
                     (a)  the decision had been made by the CEO of the Quality Agency under the provision mentioned in column 2 of the item of the table in section 2.66 of the Quality Agency Principles that relates to that kind of decision; and
                     (b)  the request for reconsideration had been made to the CEO in accordance with section 2.67 of the Quality Agency Principles.
23  Reconsideration and review of decision made by accreditation body that was notified on or after commencement day
                   If:
                     (a)  on or after the commencement day, the CEO of the Quality Agency notifies a person, under this regulation, of a decision made by the accreditation body or the registrar; and
                     (b)  the decision was a decision mentioned in the table in section 2.67 of the Accreditation Grant Principles;
then the Quality Agency Principles apply in relation to the decision as if it had been made by the CEO of the Quality Agency, on the commencement day, under the provision mentioned in column 2 of the item of the table in section 2.66 of the Quality Agency Principles that relates to that kind of decision.
24  Review by Administrative Appeals Tribunal
                   Section 2.71 of the Accreditation Grant Principles continues to apply on and after the commencement day in relation to a decision of the accreditation body made under subsection 2.69(1) or 2.70(3) of those principles.
Part 8—Other matters
  
25  Decisions not published before commencement day
             (1)  This section applies if:
                     (a)  the accreditation body was required to publish, in accordance with Part 13 of the Accreditation Grant Principles:
                              (i)  a decision, or a reconsideration decision, made by the accreditation body and any related report; or
                             (ii)  a decision made by the Administrative Appeals Tribunal; and
                     (b)  the accreditation body had not done so before the commencement day.
             (2)  The CEO of the Quality Agency must publish the decision and any related report in accordance with section 2.26, 2.48, 2.71 or 2.72 (as the case requires) of the Quality Agency Principles, as if the decision had been made, and the report had been prepared, under those principles.
26  Requests by Minister for information about accreditation body’s operations
             (1)  If:
                     (a)  under paragraph 2.77(a) of the Accreditation Grant Principles, the Minister had asked the accreditation body for information about an aspect of the accreditation body’s operations; and
                     (b)  the accreditation body had not given the information to the Minister before the commencement day;
then the CEO of the Quality Agency must, as soon as practicable after the commencement day, give the information to the Minister, in writing.
             (2)  If the Minister asks the CEO of the Quality Agency for information about an aspect of the accreditation body’s operations, the CEO must, as soon as practicable after receiving the request, give the information to the Minister, in writing.
27  Requests by Secretary for protected information acquired by accreditation body
             (1)  If:
                     (a)  under paragraph 2.77(b) of the Accreditation Grant Principles, the Secretary had asked the accreditation body for protected information; and
                     (b)  the accreditation body had not given the information to the Secretary before the commencement day;
then the CEO of the Quality Agency must, as soon as practicable after the commencement day, give the information to the Secretary, in writing.
             (2)  If the Secretary asks the CEO of the Quality Agency for protected information that had been acquired by the accreditation body, the CEO must, as soon as practicable after receiving the request, give the information to the Secretary, in writing.
Note:          Protected information has the meaning given by clause 1 of Schedule 1 to the Aged Care Act (see section 4 of this regulation).
28  Things done by, or in relation to, accreditation body before commencement day are not affected
             (1)  To avoid doubt, the repeal of the Accreditation Grant Principles does not affect the validity of anything done by, or in relation to, the accreditation body before the commencement day.
             (2)  Without limiting subsection (1), any decision made by the accreditation body before the commencement day that was intended to take effect on a day (the relevant day) that is on or after the commencement day, takes effect on the relevant day in accordance with the accreditation body’s decision.