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

Schedule 4   Transitional, application, saving and other provisions

Part 1   Introduction

1   Definitions

In this Schedule:

Aged Care Act means the Aged Care Act 1997.

Aged Care (TP) Act means the Aged Care (Transitional Provisions) Act 1997.

Commission means the Aged Care Quality and Safety Commission.

Commission Act means the Aged Care Quality and Safety Commission Act 2018.

Commissioner means the Commissioner of the Commission.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

sanction notice means a notice given under section 67-5 of the Aged Care Act.

transferred function means any of the following functions or powers:

(a) a function or power relating to the approval of a provider of aged care under Division 8 of the Aged Care Act;

(b) a function or power relating to the revocation of the approval of a provider of aged care under Division 10 of that Act;

(c) a function or power relating to a reportable assault within the meaning of subsection 63-1AA(9) of that Act;

(d) a function or power relating to the imposition of a sanction on an approved provider for non-compliance with the provider's responsibilities under Part 4.1, 4.2 or 4.3 of that Act;

(e) a function or power relating to the reconsideration or review of a reviewable decision of a kind mentioned in item 1, 3, 54 or 55 of the table in section 85-1 of that Act;

(f) a function performed, or a power exercised, under Part 6.4 of that Act to the extent that:

(i) the function was performed, or the power was exercised, for the purpose of assessing whether an approved provider is complying with the provider's responsibilities under Part 4.1, 4.2 or 4.3 of that Act; or

(ii) the function or power relates to a warrant issued under section 92-3 of that Act;

(g) any other function or power specified in the transition rules.

transition rules means rules made under item 36 of this Schedule.

transition time means the commencement of this Schedule.