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Accountability Amendment Principles 2006 (No. 1)

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Accountability Amendment Principles  2006 (No. 1)
Aged Care Act 1997
I, SANTO SANTORO, Minister for Ageing, make these Principles under subsection 96‑1 (1) of the Aged Care Act 1997.
Dated 21 December 2006
SANTO SANTORO
Minister for Ageing
Contents
                        1     Name of Principles                                                                              2
                        2     Commencement                                                                                  2
                        3     Amendment of Accountability Principles 1998                                        2
Schedule 1             Amendments commencing on the day after registration                  2
Schedule 2             Amendments commencing on 1 March 2007                                     5
 
 
  
  
1              Name of Principles
                These Principles are the Accountability Amendment Principles  2006 (No. 1).
2              Commencement
                These Principles commence as follows:
                (a)    on the day after they are registered — sections 1 to 3 and Schedule 1;
               (b)    on 1 March 2007 — Schedule 2.
3              Amendment of Accountability Principles 1998
                Schedules 1 and 2 amend the Accountability Principles 1998.
Schedule 1        Amendments commencing on the day after registration
(section 3)
  
[1]           Subsection 1.7 (1)
omit
                If
substitute
                Subject to section 1.7B, if
[2]           After section 1.7A
insert
1.7B        When notice of access is not required
                A person, acting for an accreditation body, who is a quality assessor registered for the Accreditation Grant Principles may access an approved provider’s residential care service without giving notice to the approved provider.
[3]           Section 1.8, heading
substitute
1.8           Consent to access service — general rule
[4]           Subsection 1.8 (1)
substitute
         (1)   This section applies to a representative other than a person, acting for an accreditation body, who is a quality assessor registered for the Accreditation Grant Principles.
      (1A)   A representative must not access an approved provider’s residential care service unless the approved provider has consented to the access.
[5]           Section 1.8, note
omit
[6]           After section 1.8
insert
1.8A        Consent to access service — representative who is quality assessor
         (1)   A representative who is a person acting for an accreditation body and who is a quality assessor registered for the Accreditation Grant Principles 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).
         (2)   The approved provider or person in charge may withdraw consent at any time.
         (3)   The representative must leave the premises of the service if the approved provider or person in charge asks the representative to do so.
         (4)   Before obtaining the consent of an approved provider or person in charge, the representative must inform the approved provider or person in charge that the approved provider or person in charge may refuse to give consent or withdraw that consent at any time.
         (5)   Access by a representative by virtue of the consent of the approved provider or person in charge is not lawful unless the approved provider or person in charge voluntarily consented to the access.
         (6)   An approved provider or person in charge must not unreasonably withhold consent if access to the service is required in circumstances where the representative believes, on reasonable grounds, that there is a serious risk to the safety, health or wellbeing of a person receiving care through the service.
Note   An approved provider who refuses to consent to a representative’s access to the service or withdraws consent for a representative’s access to the service may not be complying with the approved provider’s responsibilities under paragraph 63‑1 (1) (j), (l) or (m) of the Act.  Failure to comply with a responsibility can result in a sanction being imposed under Part 4.4 of the Act.  However, some acts of an approved provider will not constitute failure to comply with those responsibilities (see section 1.13).
Schedule 2        Amendments commencing on 1 March 2007
(section 3)
[1]           After Part 3
insert
Part 4                 Requirements relating to certain staff members and volunteers
Division 1              Preliminary
1.17        Purpose of Part (Act, s 63‑1)
                The purpose of this Part is to specify, for paragraph 63‑1 (1) (m) of the Act, the responsibility of an approved provider to ensure that:
                (a)    each staff member and volunteer has the required police certificate and, if necessary, a statutory declaration; and
               (b)    persons with certain criminal convictions do not provide aged care.
1.18        Definitions
                In this Part:
police certificate, for a person, means a report prepared by the Australian Federal Police or by the police force or police service of a State or Territory about the person’s criminal conviction record.
staff member, of an approved provider, means a person who:
                (a)    has turned 16; and
               (b)    is employed, hired, retained or contracted by the approved provider (whether directly or through an employment or recruitment agency) to provide care or other services; and
                (c)    has, or is reasonably likely to have, unsupervised access to care recipients.
Examples of persons who are staff members:
·    key personnel of the approved provider
·    employees and contractors of the approved provider who provide care to care recipients
·    allied health professionals contracted by the approved provider to provide care to care recipients
·    kitchen, laundry, garden and office personnel employed by the approved provider who are reasonably likely to have unsupervised access to care recipients
·    consultants, trainers and advisors for accreditation support or systems improvement who are reasonably likely to have unsupervised access to care recipients
Examples of persons who are not staff members:
·    visiting medical practitioners, pharmacists and other allied health professionals who have been requested by, or on behalf of, a care recipient but are not contracted by the approved provider
·    trades people and management consultants who do not have unsupervised access to care recipients
volunteer, for an approved provider, means a person who:
                (a)    is not a staff member; and
               (b)    offers his or her services to the approved provider; and
                (c)    provides care or other services on the invitation of the approved provider and not solely on the express or implied invitation of a care recipient; and
               (d)    has, or is reasonably likely to have, unsupervised access to care recipients; and
                (e)    has turned 16 or, if the person is a full‑time student, has turned 18.
Division 2              Responsibilities of approved providers
1.19        Conditions for all new staff members and volunteers
                An approved provider must not allow a person to become a staff member or volunteer unless the approved provider is satisfied that:
                (a)    subject to section 1.22, there is for the person a police certificate that is dated not more than 3 years before the day on which the person first becomes a staff member or volunteer; and
               (b)    the police certificate does not record that the person has been:
                          (i)    convicted of murder or sexual assault; or
                         (ii)    convicted of, and sentenced to imprisonment for, any other form of assault.
1.20        Additional condition for certain new staff members and volunteers
         (1)   This section applies to a person who, at any time after the person turned 16, was a citizen or permanent resident of a country other than Australia.
         (2)   An approved provider must not allow a person to whom this section applies to become a staff member or volunteer unless the approved provider is satisfied that, in addition to meeting the conditions in section 1.19, the person has made a statutory declaration stating that the person has never been:
                (a)    convicted of murder or sexual assault; or
               (b)    convicted of, and sentenced to imprisonment for, any other form of assault.
1.21        Continuing responsibilities of approved providers
         (1)   An approved provider must ensure that, except for the period under section 1.22, 1.23 or 1.25 when a person is allowed not to have a police certificate, there is for each person who is a staff member or volunteer a police certificate that is, at all times during which the person remains a staff member or volunteer, not more than 3 years old.
         (2)   An approved provider must ensure that a person who is a staff member or volunteer must not be allowed to continue as a staff member or volunteer if there is for the person a police certificate or statutory declaration that records that the person has been:
                (a)    convicted of murder or sexual assault; or
               (b)    convicted of, and sentenced to imprisonment for, any other form of assault.
1.22        Arrangements for new staff members or volunteers who do not yet have police certificates
                A person who does not have a police certificate required under section 1.19 may become a staff member or volunteer if:
                (a)    the care or other service to be provided by the person is essential; and
               (b)    an application for a police certificate has been made before the date on which the person first becomes a staff member or volunteer; and
                (c)    the person will be subject to appropriate supervision during periods when the person has access to care recipients; and
               (d)    the person makes a statutory declaration stating that the person has never been:
                          (i)    convicted of murder or sexual assault; or
                         (ii)    convicted of, and sentenced to imprisonment for, any other form of assault.
Division 3              Transitional provisions
1.23        Conditions for all existing staff members
                For a person who is a staff member on 1 March 2007 and who continues to be a staff member on 1 June 2007, an approved provider must ensure that:
                (a)    there is by 1 June 2007 a police certificate that is dated not earlier than 1 June 2004; or
               (b)    if there is no such police certificate, an application for a police certificate has been made.
1.24        Additional condition for certain existing staff members
         (1)   This section applies to a person:
                (a)    who is a staff member on 1 March 2007; and
               (b)    who continues to be a staff member on 1 June 2007; and
                (c)    who, at any time after the person turned 16, was a citizen or permanent resident of a country other than Australia.
         (2)   For a person to whom this section applies, an approved provider must ensure that, in addition to meeting the condition in paragraph 1.23 (a) or (b), the person has made by 1 June 2007 a statutory declaration stating that the person has never been:
                (a)    convicted of murder or sexual assault; or
               (b)    convicted of, and sentenced to imprisonment for, any other form of assault.
1.25        Conditions for all existing volunteers
                For a person who is a volunteer on 1 March 2007 and who continues to be a volunteer on 1 September 2007, an approved provider must ensure that:
                (a)    there is by 1 September 2007 a police certificate that is dated not earlier than 1 September 2004; or
               (b)    if there is no such police certificate, an application for a police certificate has been made.
1.26        Additional condition for certain volunteers
         (1)   This section applies to a person:
                (a)    who is a volunteer on 1 March 2007; and
               (b)    who continues to be a volunteer on 1 September 2007; and
                (c)    who, at any time after the person turned 16, was a citizen or permanent resident of a country other than Australia.
         (2)   For a person to whom this section applies, an approved provider must ensure that, in addition to meeting the condition in paragraph 1.25 (a) or (b), the person has made by 1 September 2007 a statutory declaration stating that the person has never been:
                (a)    convicted of murder or sexual assault; or
               (b)    convicted of, and sentenced to imprisonment for, any other form of assault.
1.27        Declaration about compliance
         (1)   An approved provider must, for each aged care service operated by the approved provider between 1 March 2007 and 1 September 2007, give to the Secretary on or before 30 September 2007 a written declaration stating whether the approved provider complied with the requirements of this Part as at 1 September 2007.
         (2)   A declaration under this section:
                (a)    must be in the form approved by the Secretary; and
               (b)    must be signed by a key personnel authorised by the approved provider to sign the declaration; and
                (c)    must include all the information required by the form; and
               (d)    must not contain any information that is false or misleading in a material particular.