Aged Care Legislation Amendment (New Commissioner Functions) Act 2019 (116 of 2019)

Schedule 1   Approval of providers of aged care

Aged Care Quality and Safety Commission Act 2018

60   After section 8

Insert:

8A Meaning of disqualified individual

(1) An individual is a disqualified individual if:

(a) the individual has been convicted of an indictable offence, whether before, on or after the commencement of this section; or

(b) the individual is an insolvent under administration; or

(c) both of the following apply:

(i) the individual is one of the key personnel of a person or body;

(ii) a registered medical practitioner certifies that the individual is unable to perform the individual's duties as one of those key personnel because of mental incapacity.

(2) This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

8B Meaning of key personnel of a person or body

(1) Each of the following is one of the key personnel of a person or body (the entity ) at a particular time:

(a) if the entity is not a State or Territory - a member of the group of persons who is responsible for the executive decisions of the entity at that time;

(b) if the entity is not a State or Territory - any other person who has authority or responsibility for, or significant influence over, planning, directing or controlling the activities of the entity at that time;

(c) if, at that time, the entity conducts an aged care service:

(i) any person who is responsible for the nursing services provided by the service and who holds a recognised qualification in nursing; and

(ii) any person who is responsible for the day-to-day operations of the service;

whether or not the person is employed by the entity;

(d) if, at that time, the entity proposes to conduct an aged care service:

(i) any person who is likely to be responsible for the nursing services to be provided by the service and who holds a recognised qualification in nursing; and

(ii) any person who is likely to be responsible for the day-to-day operations of the service;

whether or not the person is employed by the entity.

(2) Without limiting paragraph (1)(a), a reference in that paragraph to a member of the group of persons who is responsible for the executive decisions of an entity includes:

(a) if the entity is a body corporate that is incorporated, or taken to be incorporated, under the Corporations Act 2001 - a director of the body corporate for the purposes of that Act; and

(b) in any other case - a member of the entity's governing body.