Aged Care Legislation Amendment (Quarterly Financial Reports) Principles 2023

I, Anika Wells, Minister for Aged Care, make the following principles.

Dated   27 March 2023

Anika Wells

Minister for Aged Care

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Accountability Principles 2014

Information Principles 2014

1  Name

  This instrument is the Aged Care Legislation Amendment (Quarterly Financial Reports) Principles 2023.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Aged Care Act 1997.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Accountability Principles 2014

1  At the end of Part 4A

Add:

44  Provision of further information and documents to Secretary

Approved provider must comply with notices under this section

 (1) An approved provider must comply with a notice under subsection (3) or (5) within the period specified in the notice or, if no period is specified in the notice, within 28 days after the day when the notice is given.

 (2) An approved provider complies with a notice under subsection (3) or (5) requiring the provider to give information or documents only if the provider gives the information or documents in a form (if any) approved by the Secretary for the purposes of that subsection.

Notice to provide updated information

 (3) The Secretary may at any time, by notice in writing, require an approved provider to give the Secretary updated information about a matter, as specified in the notice, if information about the matter is included in, or is required by or under the Act to be included in, a quarterly financial report for the provider given to the Secretary in accordance with section 43 of this instrument.

 (4) A notice under subsection (3) may require an approved provider to give updated information about a matter in relation to a period that is:

 (a) the same as the period to which a quarterly financial report for the provider relates; or

 (b) different from the period to which the report relates.

Notice to provide supporting information or documents

 (5) The Secretary may at any time, by notice in writing, require an approved provider to give the Secretary specified information or documents that the Secretary considers are, or may be, relevant to assessing the accuracy of:

 (a) information included in a quarterly financial report for the provider given to the Secretary in accordance with section 43; or

 (b) updated information given to the Secretary by the provider in accordance with a notice under subsection (3) of this section.

 (6) To avoid doubt, a notice under subsection (5) may require an approved provider to give the Secretary information or documents whether or not the information or documents are required by or under the Act to be included in a quarterly financial report for the provider.

2  In the appropriate position in Part 8

Insert:

61  Amendments made by the Aged Care Legislation Amendment (Quarterly Financial Reports) Principles 2023

  Section 44, as inserted by the Aged Care Legislation Amendment (Quarterly Financial Reports) Principles 2023, applies in relation to a quarterly financial report given to the Secretary on or after the commencement of that section, whether the report relates to a period that begins before, on or after that date.

Information Principles 2014

3  After subparagraph 8(f)(v)

Insert:

 (va) updated information given to the Secretary under section 44 of the Accountability Principles 2014 in compliance with a notice under subsection 44(3) of those principles;