Explanatory Memorandum
(Circulated by authority of the Minister for Aged Care, the Hon Ken Wyatt AM, MP)Notes on Clauses
Preliminary
Clause 1 - Short title
This clause provides that the Bill, once enacted, may be cited as the Aged Care (Single Quality Framework) Reform Act 2018.
Clause 2 - Commencement
This clause provides that the Bill will commence on 1 July 2019.
Clause 3 - Schedule
This clause provides that legislation that is specified in the Schedule to this Bill is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Bill has effect according to its terms.
Schedule 1 - Amendments
Aged Care Act 1997
Item 1 - Paragraphs 54-1(1)(d) to (g)
This item specifies that approved providers of residential, home and flexible care services are required to comply with the Aged Care Quality Standards.
This item repeals the requirement that approved providers of aged care services must comply with the Accreditation Standards, Home Care Standards or Flexible Care Standards, as relevant.
Item 2 - Sections 54-2 to 54-5
In relation section 54-2(1), while the Aged Care Act sets out the key responsibilities of approved providers of aged care, the Act also provides for standards for the quality of care and services which are set out in the Quality of Care Principles. This item repeals the authorisation in the Act to set out Accreditation Standards, Home Care Standards and Flexible Care Standards in the Quality of Care Principles and authorises standards to be known as the Aged Care Quality Standards to be set out in the Quality of Care Principles.
In relation to section 54-2(2), the item preserves the operation of the current section54-5(2), which allows different kinds of flexible care services to be required to comply with different standards. For example, at present only approved providers of one type of flexible care, Short Term Restorative Care, are required to comply with the Standards under the Act.
Item 3 - Paragraph 86-9(1)(k)
Part 6.2 of the Aged Care Act is about protected information and the use and disclosure of protected information. Under paragraph 86-9(1)(k) of the Aged Care Act, the Secretary of the Department of Health may make public information about an aged care service including about the service's accreditation record. A corresponding provision appears in paragraph 52(1)(g) of the Quality Agency Act but this provision references a service's status under both the Aged Care Act and the Quality Agency Act. This item amends paragraph 89-1(1)(k) to consistently refer to both Acts.
Australian Aged Care Quality Agency Act 2013
Item 4 - Section 3
Repeals the definition of Accreditation Standards.
Item 5 - Section 3
This item inserts a definition of Aged Care Quality Standards. The Aged Care Quality Standards mean the Aged Care Quality Standards set out in the Quality of Care Principles made under section 96-1 of the Aged Care Act.
Item 6 - Section 3
This item repeals the definition of Home Care Standards.
Item 7 - Paragraphs 12(a) and (b)
Paragraph 12(a) of the Quality Agency Act gives the CEO of the Quality Agency the function of accrediting residential aged care services in accordance with the Quality Agency Principles and the Accreditation Standards. This item repeals the reference to the Accreditation Standards as the function is accurately described without the reference, and the definition of Accreditation Standards is repealed by item 5. For the same reason, the item repeals the reference to Home Care Standards in paragraph 12(b).
Item 8 - Paragraph 12(d)
Under paragraph 12(d), the CEO has the function of advising the Secretary of the Department of Health about aged care services that do not meet the appropriate aged care quality standards. This item substitutes the reference to the Accreditation Standards and the Home Care Standards with a reference to the Aged Care Quality Standards.
Freedom of Information Act 1982
Item 9 - Schedule 3
Part 7 of the Quality Agency Act relates to protected information and the use and disclosure of protected information. Section 52 is about the information regarding an aged care service that the CEO may make publicly available. Paragraph 52(1)(g) refers to information about the service's status under the Quality Agency Act and Aged Care Act, and specifically references the service's accreditation record.
Section 48 makes it an offence for a person, in the course of performing their duties, functions or powers, to make a record of, disclose or otherwise use information that is protected information unless the conduct is authorised by law. Part 3 of the Freedom of Information Act 1982 entitles a person to obtain access to a document of an agency, other than an exempt document.
This item inserts a reference to the Quality Agency Act, subsection 48(1) and section 50 in Schedule 3 of the Freedom of Information Act 1982 for the purpose of ensuring that documents containing protected information acquired by the Quality Agency in the course of its functions are exempt from disclosure.
Item 10 - Transitional rules
This item authorises the Minister to, by legislative instrument, make rules on matters of a transitional nature relating to the amendments or repeals made by this Act. The purpose of this provision is to allow the Minister, by legislative instrument, to make rules of a transitional nature relating to the transition of approved providers to the Aged Care Quality Standards.