Aged Care (Consequential and Transitional Provisions) Act 2024 (109 of 2024)

Schedule 1   Consequential amendments

Crimes Act 1914

1   After Subdivision AA of Division 6 of Part VIIC

Insert:

Subdivision AB - Exclusions relating to work with individuals accessing funded aged care services

85ZZGO Object of Subdivision

The object of this Subdivision is to protect individuals accessing funded aged care services from harm by permitting criminal history information to be disclosed and taken into account in assessing whether a person who works, or seeks to work, with an individual accessing funded aged care services poses a risk to such an individual.

85ZZGP Exclusion: disclosing information to a person or body

Divisions 2 and 3 do not apply in relation to the disclosure of information to a prescribed person or body if:

(a) the person or body is required or permitted by or under a prescribed Commonwealth law, a prescribed State law or a prescribed Territory law, to obtain and deal with information about persons who work, or seek to work, with an individual accessing funded aged care services; and

(b) the disclosure is for the purpose of the person or body obtaining and dealing with such information in accordance with the prescribed law.

85ZZGQ Exclusion: person or body taking information into account

Divisions 2 and 3 do not apply in relation to the taking into account of information by a prescribed person or body if:

(a) the person or body is required or permitted by or under a prescribed Commonwealth law, a prescribed State law or a prescribed Territory law, to deal with information about persons who work, or seek to work, with an individual accessing funded aged care services; and

(b) the taking into account is:

(i) for the purpose of dealing with such information in accordance with the prescribed law; or

(ii) required by or under a Commonwealth law, a State law or a Territory law.

85ZZGR Exclusion: person or body disclosing information

Divisions 2 and 3 do not apply in relation to the disclosure of information by a prescribed person or body if:

(a) the person or body is required or permitted by or under a prescribed Commonwealth law, a prescribed State law or a prescribed Territory law, to deal with information about persons who work, or seek to work, with an individual accessing funded aged care services; and

(b) the disclosure is required by or under a Commonwealth law, a State law or a Territory law.

85ZZGS Prescribed persons and bodies

Before the Governor-General makes a regulation prescribing, for the purposes of section 85ZZGP, 85ZZGQ or 85ZZGR, a person or body:

(a) to which information may be disclosed; or

(b) by which information may be taken into account or disclosed;

the Minister must be satisfied that the person or body:

(c) is required or permitted by or under a Commonwealth law, a State law or a Territory law to obtain and deal with information about persons who work, or seek to work, with an individual accessing funded aged care services; and

(d) complies with applicable Commonwealth law, State law or Territory law relating to privacy, human rights and records management; and

(e) complies with the principles of natural justice; and

(f) has risk assessment frameworks and appropriately skilled staff to assess risks to the safety of an individual accessing funded aged care services.

85ZZGT Definitions

In this Subdivision:

funded aged care service has the same meaning as in the Aged Care Act 2024.

work includes the following:

(a) work:

(i) under a contract of employment, contract of apprenticeship or contract for services; or

(ii) in a leadership role in a religious institution, as part of the duties of a religious vocation or in any other capacity for the purposes of a religious institution; or

(iii) as an officer of a body corporate, member of the committee of management of an unincorporated body or association or member of a partnership; or

(iv) as a volunteer, other than unpaid work engaged in for a private or domestic purpose; or

(v) as a self-employed person;

(b) practical training as part of a course of education or vocational training;

(c) acting in a prescribed capacity or engaging in a prescribed activity.