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Aged Care Quality and Safety Commission Rules 2018
In force
Administered by
Department of Health and Aged Care
This item is authorised by the following title:
Aged Care Quality and Safety Commission Act 2018
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F2018L01837
24 December 2018
-
30 June 2019
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Part 1—Preliminary
Division 1—Introduction
1 Name
2 Commencement
3 Authority
Division 2—Definitions
4 Definitions
5 Meaning of assessment contact
6 Meaning of commencing service
7 Meaning of deemed accredited service
Division 3—Commonwealth funded programs
8 Specification of programs
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Part 2—Complaints and provider responsibility information
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Division 1—Introduction
9 Simplified outline of this Part
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Division 2—Purpose of this Part
10 Purpose of this Part
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Division 3—Making complaints to the Commissioner
11 Complaint may be made to the Commissioner
12 Withdrawal of complaint
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Division 4—Dealing with complaints and provider responsibility information
13 Dealing with complaint
14 Commissioner may decide to take no further action in relation to issue
15 Commissioner may undertake resolution process in relation to issue
16 Requirement to notify relevant providers of resolution process
17 Commissioner may decide to end resolution process
18 Commissioner may give information about resolution process to person or body with sufficient interest
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Division 5—Directions
19 Commissioner may give directions to relevant providers
20 Notification of intention to give directions to relevant providers
21 Relevant providers must comply with directions given by the Commissioner
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Division 6—Other matters
22 Referral of issue to Secretary etc.
23 Taking of other action not prevented by this Part
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Part 3—Accreditation of residential aged care services
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Division 1—Introduction
24 Simplified outline of this Part
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Division 2—Specified aged care services
25 Specification of aged care services
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Division 3—Accreditation of residential aged care services
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Subdivision A—Purpose of this Division
26 Purpose of this Division
Subdivision B—Applications for accreditation or re accreditation
27 Approved provider may apply for accreditation or re accreditation of residential aged care services
28 Applications for accreditation or re accreditation
Subdivision C—Accreditation of commencing services
29 Commissioner must decide whether to accredit commencing service
30 Notification of decision to accredit commencing service
31 Notification of decision not to accredit commencing service
Subdivision D—Re accreditation of residential services
32 Commissioner must appoint assessment team to conduct site audit
33 Form of words and poster to be used to tell care recipients etc. about site audit
34 Approved provider must inform care recipients etc. about site audit
35 Approved provider of residential service to be given notice of names of members of assessment team
36 Conduct of site audit of residential service
37 Approved provider must take steps to inform care recipients that site audit has commenced
38 Site audit meetings
39 Exit meeting
40 Site audit report
41 Commissioner must decide whether to re accredit residential service
42 Notification of decision to re accredit residential service
43 Notification of decision not to re accredit residential service
Subdivision E—Revocation of accreditation of accredited service
44 Decision to revoke accreditation of accredited service
45 Notification of decision to revoke accreditation of accredited service
Subdivision F—Reminder notices about accreditation
46 Reminder notices
47 Late application for re accreditation after reminder notice
Subdivision G—Publication of decisions relating to accreditation
48 Commissioner must publish decisions relating to accreditation
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Part 4—Quality reviews of services
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Division 1—Introduction
49 Simplified outline of this Part
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Division 2—Specified aged care services
50 Specification of aged care services
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Division 3—Quality reviews of services
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Subdivision A—Purpose of this Division
51 Purpose of this Division
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Subdivision B—Quality reviews of home services
52 Quality reviews must be conducted every 3 years
53 Quality reviews must include site visits
54 Conduct of site visit
55 Site visit meetings
56 Interim report
57 Final report
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Subdivision C—Quality reviews of Aboriginal and Torres Strait Islander services
58 Quality reviews of Aboriginal and Torres Strait Islander services
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Part 5—Monitoring of services
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Division 1—Introduction
59 Simplified outline of this Part
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Division 2—Specified aged care services
60 Specification of aged care services
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Division 3—Purpose of Divisions 4 to 8
61 Purpose of Divisions 4 to 8
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Division 4—Plans for continuous improvement
62 Approved providers of accredited services must have plan for continuous improvement
63 Home service providers of home services must have plan for continuous improvement
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Division 5—Assessment contacts
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Subdivision A—Assessment contacts by regulatory officials
64 Assessment contact by regulatory official with approved provider of accredited service
65 Assessment contact by regulatory official with home service provider of home service
66 Assessment contacts in the form of visit to premises
67 Regulatory official may request information or documents relating to the purpose of assessment contact
68 Action following assessment contact by regulatory official
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Subdivision B—Variation of arrangements for assessment contacts
69 Commissioner may vary arrangements for assessment contacts
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Division 6—Review audits of accredited services
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Subdivision A—Conduct of review audits of accredited services
70 When Commissioner may or must arrange for review audit of accredited service
71 Commissioner must appoint quality assessors to form assessment team to conduct review audit
72 Poster to be used to tell care recipients about review audit
73 Conduct of review audit of accredited service
74 Review audit meetings
75 Exit meeting
76 Review audit report
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Subdivision B—Revocation of accreditation of accredited service following review audit
77 Commissioner must decide whether to revoke accreditation of accredited service
78 Notification of decision to revoke accreditation of accredited service
79 Notification of decision not to revoke accreditation of accredited service
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Subdivision C—Publication of decisions relating to accreditation
80 Commissioner must publish decisions relating to accreditation following review audit
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Division 7—Dealing with non compliance with relevant Standards
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Subdivision A—Timetables for improvement
81 Timetable for improvement given to approved provider of accredited service
82 Timetable for improvement given to home service provider of home service
83 Extension of period for improvement
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Subdivision B—Non compliance with relevant Standards
84 Direction to revise plan for continuous improvement if there is failure to comply with relevant Standards
85 Failure to comply with relevant Standards that places safety, health or well being of aged care consumer at serious risk
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Division 8—Monitoring of Aboriginal and Torres Strait Islander services
86 Monitoring of Aboriginal and Torres Strait Islander services
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Part 6—Registration of quality assessors
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Division 1—Introduction
87 Simplified outline of this Part
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Division 2—Registration of quality assessors
88 Purpose of this Division
89 Application for registration as quality assessor
90 Registration as quality assessor
91 Application for registration as quality assessor for further period
92 Registration as quality assessor for further period
93 Quality assessor must inform Commissioner of serious offence conviction
94 Cancellation of registration as quality assessor
95 Operation of Part VIIC of the Crimes Act 1914
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Part 7—Reconsideration and review of decisions
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Division 1—Introduction
96 Simplified outline of this Part
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Division 2—Reconsideration and review of decisions
97 Purpose of this Division
98 Reviewable decisions and affected persons
99 Affected person may request reconsideration of reviewable decision
100 Reconsideration of complaints reviewable decision
101 Reconsideration of regulatory reviewable decision
102 Reconsideration of regulatory reviewable decision on own initiative
103 Review by Administrative Appeals Tribunal
104 Commissioner must publish certain reconsideration decisions etc.
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Part 8—Information sharing and confidentiality
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Division 1—Introduction
105 Simplified outline of this Part
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Division 2—Information sharing
106 Purpose of this Division
107 Information about failure to comply with certain responsibilities of approved providers
108 Information about failure to comply with Quality Framework by service providers of Aboriginal and Torres Strait Islander services
109 Information about failure to comply with Home Care Standards by service providers of home support services
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Division 3—Protected information
110 Purpose of this Division
111 Permitted disclosure of protected information by Commissioner if aged care consumer’s safety, health or well being at risk
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Part 9—Transitional, application and saving provisions
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Division 1—Preliminary
112 Definitions
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Division 2—Complaints
113 Pending complaints
114 Information received pre transition but not finally dealt with
115 Saving of pre transition notice of intention to issue directions to approved provider etc.
116 Saving of pre transition directions given to approved provider etc.
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Division 3—Accreditation of residential aged care services
117 Saving of accreditation of residential aged care services
118 Pending applications for accreditation of residential aged care services
119 Pending applications for re accreditation of residential aged care services
120 Saving of reminder notices about accreditation
121 Publication of certain pre transition decisions relating to accreditation
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Division 4—Quality reviews of services
122 Continuation of quality reviews of home aged care services
123 Continuation of quality reviews of Aboriginal and Torres Strait Islander services
124 Continuation of quality reviews of home support services
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Division 5—Monitoring of services
125 Saving of arrangements for assessment contacts
126 Action following pre transition assessment contact
127 Continuation of review audits of accredited services
128 Saving of timetable for improvement etc.
129 Saving of notice directing revision of plan for continuous improvement
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Division 6—Registration of quality assessors
130 Continuation of registration as quality assessor
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Division 7—Reconsideration and review of decisions
131 Request for reconsideration of pre transition decisions relating to complaints
132 Request for reconsideration of pre transition decisions relating to accreditation or registration of quality assessors
133 Pending applications for reconsideration of decisions relating to complaints
134 Pending requests for reconsideration of decisions relating to accreditation or registration of quality assessors
135 Reconsideration of pre transition decisions relating to accreditation or registration of quality assessor at the Commissioner’s own initiative
136 Review by the Administrative Appeals Tribunal of certain pre transition decisions
137 Publication of certain pre transition reconsideration decisions etc.