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Aged Care Quality and Safety Commission Act 2018
In force
Administered by
Department of Health and Aged Care
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C2022C00332 (C07)
01 December 2022
-
15 October 2023
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Table of contents
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Part 1—Preliminary
Division 1—Preliminary
1 Short title
2 Commencement
3 Act binds the Crown
4 Extension to external Territories
5 Object of this Act
6 Simplified outline of this Act
Division 2—Definitions
7 Definitions
8 Meaning of Commonwealth funded aged care service etc.
8B Meaning of key personnel of a person or body
8C Meaning of suitability matters in relation to an individual
9 Vacancy in the office of an Advisory Council member
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Part 2—Aged Care Quality and Safety Commission
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Division 1—Introduction
10 Simplified outline of this Part
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Division 2—Establishment etc. of the Commission
11 Establishment of the Aged Care Quality and Safety Commission
12 Constitution of the Commission
13 Function of the Commission
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Part 3—Commissioner
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Division 1—Introduction
14 Simplified outline of this Part
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Division 2—Functions and powers of the Commissioner
15 Commissioner
16 Functions of the Commissioner
17 Consumer engagement functions of the Commissioner
18 Complaints functions of the Commissioner
18A Code functions of the Commissioner
19 Regulatory functions of the Commissioner
20 Education functions of the Commissioner
21 Rules may make provision for, or in relation to, the performance of a function of the Commissioner
22 Minister may give directions to the Commissioner
23 Fees
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Division 3—Appointment of the Commissioner
24 Appointment
25 Acting Commissioner
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Division 4—Terms and conditions of appointment
26 Remuneration and allowances
27 Leave of absence
28 Other paid work
29 Other terms and conditions
30 Resignation
31 Termination of appointment
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Part 4—Staff of the Commission etc.
32 Simplified outline of this Part
33 Staff
34 Persons assisting the Commissioner
35 Consultants
35A Chief Clinical Advisor
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Part 5—Aged Care Quality and Safety Advisory Council
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Division 1—Introduction
36 Simplified outline of this Part
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Division 2—Establishment and functions of the Advisory Council
37 Establishment of the Aged Care Quality and Safety Advisory Council
38 Functions of the Advisory Council
39 Minister may give directions about the Advisory Council’s functions
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Division 3—Membership of the Advisory Council
40 Membership of the Advisory Council
41 Appointment of Advisory Council members
42 Acting appointments
43 Remuneration and allowances
44 Leave of absence
45 Disclosure of interests to the Minister
46 Disclosure of interests to the Advisory Council
47 Resignation
48 Termination of appointment
49 Other terms and conditions
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Division 4—Procedures of the Advisory Council
50 Procedures of the Advisory Council
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Part 6—Reporting and planning
51 Simplified outline of this Part
52 Annual report
53 Consulting on corporate plans
54 Annual operational plans
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Part 7—Information sharing and confidentiality etc.
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Division 1—Introduction
55 Simplified outline of this Part
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Division 2—Information sharing
56 Commissioner must give information to the Secretary in certain circumstances
57 Secretary must give information to the Commissioner on request
58 Minister may require the Commissioner to prepare reports or give information
58A Additional purpose of NDIS worker screening database
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Division 3—Making information publicly available
59 Information about an aged care service may be made publicly available
59A Information about Commonwealth funded aged care service may be made publicly available
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Division 4—Protected information
60 Prohibition on use or disclosure etc. of protected information
61 Permitted disclosures of protected information by Commissioner
62 Limits on use or disclosure etc. of protected information disclosed by the Commissioner
63 Disclosure to court etc.
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Division 5—Other matters
63AA Authorisations for the purposes of the Privacy Act 1988
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Part 7A—Approval of providers of aged care etc.
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Division 1—Introduction
63A Simplified outline of this Part
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Division 2—Approval of providers of aged care
63B Application for approval as provider of aged care
63C Request for further information
63D Commissioner must decide whether to approve person as provider of aged care
63E Notification of decision relating to approval of person as provider of aged care
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Division 3—Deemed approval of States, Territories and local government etc.
63F States, Territories and local government etc. taken to be approved providers etc.
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Division 4—Cessation and revocation of approval
63G When approval as provider of aged care ceases to have effect
63H Revocation of approval on request of approved provider
63J Revocation of approval of approved provider if Commissioner is satisfied of certain matters
63K Notice of intention to revoke approval as provider of aged care
63L Notice of revocation of approval as provider of aged care etc.
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Part 7B—Sanctions for non compliance with aged care responsibilities of approved providers
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Division 1—Introduction
63M Simplified outline of this Part
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Division 2—Imposition of sanctions by the Commissioner
63N Commissioner may impose sanctions for non compliance with aged care responsibilities
63P Period within which the revocation of approval of approved provider must take effect in certain circumstances
63Q When the revocation or suspension of allocation of places is to take effect
63R Kinds of sanctions that may be imposed on approved providers
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Division 3—Notices that must, or may be given, before sanctions are imposed
63S Commissioner must notify approved provider of intention to impose sanctions on the provider
63T Approved provider may be required to give undertaking about remedying non compliance
63U Approved provider may be required to agree to certain matters if revocation of approval is being considered
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Division 4—Lifting of sanctions imposed on approved providers
63V Application for lifting of sanction imposed on approved provider
63W Request for further information
63X Commissioner must decide whether to lift sanction imposed on approved provider
63Y Notification of decision relating to lifting of sanction imposed on approved provider
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Part 8—Entry and search powers relating to provider approval applications etc.
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Division 1—Introduction
64 Simplified outline of this Part
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Division 2—Powers of authorised officers in relation to premises
64A Power to enter premises and exercise search powers in relation to applications for approval as provider of aged care
65 Power to enter premises and exercise search powers in relation to complaints etc.
66 Consent
67 Asking questions and seeking production of documents
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Division 3—Powers of regulatory officials in relation to premises
68 Power to enter premises and exercise search powers for regulatory purposes
69 Consent
70 Asking questions and seeking production of documents
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Division 4—Search powers
71 Search powers
72 Operating electronic equipment
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Division 5—Identity cards
73 Authorised officers must carry identity card
74 Identity cards for quality assessors
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Part 8AA—Code of Conduct
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Division 1—Introduction
74AA Simplified outline of this Part
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Division 2—Code of Conduct
74AB Contravention of Code of Conduct by approved providers
74AC Aged care workers of approved providers must comply with Code of Conduct
74AD Governing persons of approved providers must comply with Code of Conduct
74AE Code of Conduct
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Part 8A—Enforcement and compliance
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Division 1—Introduction
74A Simplified outline of this Part
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Division 2—Regulatory powers
74B Monitoring powers
74C Modifications of Part 2 of the Regulatory Powers Act
74D Investigation powers
74E Modifications of Part 3 of the Regulatory Powers Act
74EA Civil penalty provisions
74EB Infringement notices
74EC Enforceable undertakings
74ED Injunctions
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Division 2A—Compliance notices
74EE Compliance notices
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Division 3—Notice to attend to answer questions etc.
74F Notice to attend to answer questions etc. relevant to whether aged care responsibility is being complied with
74FA Notice to attend to answer questions etc. relevant to compliance with Code of Conduct
74G Attending before authorised officer to answer questions
74GA Power to require information or documents
74GAA Privilege against self incrimination not abrogated
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Division 4—Banning orders
74GB Banning orders—aged care workers and governing persons of approved providers etc.
74GC Application etc. of banning order made against an aged care worker etc.
74GD Contraventions of banning orders etc.
74GE Notice of intention to make a banning order
74GF Variation or revocation of a banning order etc. on the Commissioner’s own initiative
74GG Variation or revocation of a banning order on application made by an individual
74GH Variation or revocation of a condition to which a banning order is subject on application made by an individual
74GI Register of banning orders
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Part 8B—Reconsideration and review of decisions
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Division 1—Introduction
74H Simplified outline of this Part
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Division 2—Reconsideration and review of decisions
74J Reviewable decisions and affected persons
74K Affected person may request reconsideration of reviewable decision
74L Reconsideration of reviewable decision on request
74M Reconsideration of reviewable decision on own initiative of Commissioner etc.
74N Review by the Administrative Appeals Tribunal
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Part 9—Miscellaneous
75 Simplified outline of this Part
75A Appointment of authorised officers
76 Delegation by the Commissioner
76A Review of operation of this Act and the rules
77 Rules
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history