AGED CARE AND OTHER LEGISLATION AMENDMENT (ROYAL COMMISSION RESPONSE) BILL 2022

2022

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Aged Care and Other Legislation

Amendment (Royal Commission

Response) Bill 2022

No. , 2022

(Health and Aged Care)

A Bill for an Act to amend the law relating to aged

care, health and aged care pricing, and information

sharing in relation to veterans and military

rehabilitation and compensation, and for related

purposes

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 2

Schedules ........................................................................................... 3

Schedule 1--Residential aged care funding

Part 1--Amendments

Aged Care Act 1997

Aged Care (Transitional Provisions) Act 1997

Part 2--Application, transitional and saving provisions

Division 1--Introduction

Division 2--Classifications of care recipients

Division 3--Residential care subsidy on or after the transition day

Division 4--Residential care subsidy for a day that is before the

transition day

Division 5--Resident fees

Division 6--Accommodation bonds and charges

Division 7--Viability supplement decisions under the Transitional

Act

Division 8--Other matters

Schedule 2--Star ratings

Aged Care Act 1997

Schedule 3--Code of conduct and banning orders

Aged Care Act 1997

Aged Care Quality and Safety Commission Act 2018

Schedule 4--Extension of incident management and reporting

etc.

Part 1--Main amendments

Aged Care Act 1997

Part 2--Other amendments

Aged Care Quality and Safety Commission Act 2018

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

Schedule 5--Governance of approved providers etc.

Part 1--Amendments

Aged Care Act 1997

Aged Care Quality and Safety Commission Act 2018

Part 2--Application and transitional provisions

Schedule 6--Information sharing

Part 1--Amendments

Aged Care Act 1997

Aged Care Quality and Safety Commission Act 2018

Military Rehabilitation and Compensation Act 2004

Safety, Rehabilitation and Compensation (Defence-related Claims)

Act 1988

Veterans' Entitlements Act 1986

Part 2--Application provisions

Schedule 7--Use of refundable deposits and accommodation

bonds

Part 1--Amendments

Aged Care Act 1997

Aged Care Quality and Safety Commission Act 2018

Part 2--Application provisions

Schedule 8--Independent Health and Aged Care Pricing

Authority

Part 1--Amendment of the National Health Reform Act 2011

National Health Reform Act 2011

Part 2--Amendments of other Acts

127

Aged Care Act 1997

127

Aged Care Quality and Safety Commission Act 2018

132

Part 3--Application, saving and transitional provisions

133

Division 1--Preliminary

133

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

iii

Division 2--Application etc. provisions relating to the National

Health Reform Act 2011

133

Division 3--Application etc. provisions relating to the Aged Care Act

1997

134

Division 4--Transitional rules

139

Schedule 9--Restrictive practices

140

Aged Care Act 1997

140

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

A Bill for an Act to amend the law relating to aged

care, health and aged care pricing, and information

sharing in relation to veterans and military

rehabilitation and compensation, and for related

purposes

The Parliament of Australia enacts:

1 Short title

This Act is the

Aged Care and Other Legislation Amendment

(Royal Commission Response) Act 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

2 Commencement

(1) Each provision of this Act 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.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1

As follows:

(a) if this Act receives the Royal Assent

before 1 October 2022--1 October 2022;

(b) if this Act receives the Royal Assent on

or after 1 October 2022--a single day to

be fixed by Proclamation.

However, if the provisions do not commence

within the period of 6 months beginning on

the day this Act receives the Royal Assent,

they commence on the day after the end of

that period.

3. Schedule 2

The day after this Act receives the Royal

Assent.

4. Schedule 3

1 December 2022.

1 December

2022

5. Schedule 4,

Part 1

1 December 2022.

1 December

2022

6. Schedule 4,

Part 2

The day after this Act receives the Royal

Assent.

7. Schedule 5

1 December 2022.

1 December

2022

8. Schedule 6

The day after this Act receives the Royal

Assent.

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

9. Schedule 7

The day after this Act receives the Royal

Assent.

10. Schedule 8

The seventh day after this Act receives the

Royal Assent.

11. Schedule 9

The day after this Act receives the Royal

Assent.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Schedule 1

Residential aged care funding

Part 1

Amendments

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

Schedule 1--Residential aged care funding

Part 1--Amendments

Aged Care Act 1997

1 Section 5-

1 (paragraph beginning "the recipient of the

care")

Omit "flexible care", substitute "some kinds of flexible care".

2 Section 5-

1 (paragraph beginning "the recipient of the

care")

Omit "Part 2.4", substitute "Parts 2.4 and 2.4A".

3 Section 5-1

Omit:

Part 2.4A provides for the classification of recipients of residential

care and some kinds of flexible care on the initiative of the

Secretary. The effect of these classifications is limited (see

section 29F-1).

4 After Division 17

Insert:

Division 17A--Revocation of certain conditions for

allocations of places

17A-1 Revocation of certain conditions for allocations of places

(1) If:

(a) an allocation of

places to a person is subject to conditions

under subsection 14-5(1); and

(b) immediately before the commencement of this section, the

effect of such a condition is that

respite care must be

Residential aged care funding

Schedule 1

Amendments

Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

provided in respect of those places for a minimum or

maximum number of days in a particular period;

the condition is taken to be revoked at the commencement of this

section.

(2) Nothing in this section affects the application of Part 7B of the

Quality and Safety Commission Act in relation to an approved

provider who failed to comply with a condition of a kind

mentioned in paragraph (1)(b) of this section before the

commencement of this section.

5 Part 2.4 (heading)

Repeal the heading, substitute:

Part 2.4--Classification of care recipients before

the transition day

6 At the end of section 24-1

Add "on a day before the

transition day".

7 After subsection 25-1(1)

Insert:

(1A) However, the Secretary is not required to classify the care recipient

if the classification would take effect, or would be taken to have

had effect, from or on a day that is on or after the

transition day.

8 After subsection 25-3(1)

Insert:

(1A) However, the appraisal must not be made if the classification of the

care recipient that would be made under subsection 25-1(1) would

take effect, or would be taken to have had effect, from or on a day

that is on or after the

transition day.

9 At the end of section 25-3

Add:

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Part 1

Amendments

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

(5) However, subsection (4) does not apply to the assessment if the

classification of the care recipient that would be made under

subsection 25-1(1) would take effect, or would be taken to have

had effect, from or on a day that is on or after the

transition day.

10 Section 26-1

After "a care recipient", insert "under this Part".

11 Subsection 26-2(1)

After "a care recipient", insert "under this Part".

12 Section 26-3

After "a care recipient", insert "under this Part".

13 At the end of section 27-1

Add:

(3) Despite subsections (1) and (2), a classification under this Part has

no effect in relation to a day that is on or after the

transition day.

14 After subsection 27-4(1)

Insert:

(1A) However, the reappraisal must not be made if the renewal of the

classification of the care recipient that would be made under

subsection 27-6(1) would take effect, or would be taken to have

had effect, from a day that is on or after the

transition day.

15 After section 27-5

Insert:

27-5A Certain expiry date reappraisals must not be made

Despite anything in this Division, a reappraisal must not be made

in respect of an

expiry date for a care recipient's classification if

the renewal of the classification that would be made under

subsection 27-6(1) would take effect, or would be taken to have

had effect, from a day that is on or after the

transition day.

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Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

16 After subsection 27-6(1)

Insert:

(1A) However, the Secretary is not required to renew the classification

of the care recipient if the renewal would take effect, or would be

taken to have had effect, from a day that is on or after the

transition day.

17 Subsection 29-1(1)

After "a classification", insert "made under this Part".

18 Part 2.4A (heading)

Omit "

Secretary's initiative

", substitute "

or after the transition day

19 Section 29B-1

Omit "On the Secretary's initiative, the Secretary", substitute "The

Secretary".

20 Section 29B-1

Omit "The effect of a classification under this Part is limited (see

section 29F-1).", substitute "The classifications affect the amount of

residential care subsidy, or

flexible care subsidy, payable to approved

providers for providing that kind of care on or after the

transition

day.".

21 Subsection 29C-2(7) (note)

Repeal the note.

22 Subsection 29C-3(1)

Omit "While a care recipient is being provided with", substitute "If a

care recipient is being provided, or was provided, with".

23 At the end of subsection 29C-3(1)

Add:

; (c) reconsidering, under section 85-4 or 85-5, a decision made

under subsection 29C-2(1), 29D-1(1) or 29E-1(1).

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Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

24 Subsection 29C-3(2)

Repeal the subsection, substitute:

(2) The Classification Principles may specify:

(a) where the Secretary may or must make the assessment; and

(b) the procedures that the Secretary must follow in making the

assessment.

25 Subsection 29D-1(1)

Repeal the subsection, substitute:

(1) The Secretary may reclassify a care recipient under section 29C-2

for

respite care or

non-respite care if the care recipient, or an

approved provider that is providing that kind of care to the care

recipient, requests that the Secretary reclassify the care recipient.

Note:

A decision not to reclassify a care recipient is reviewable under

Part 6.1.

(1A) The request must:

(a) if made by the approved provider--be made in writing; and

(b) if made by the care recipient--be made orally or in writing;

and

or worked out in accordance with, the Classification

Principles.

(1B) The amount of the fee must not be such as to amount to taxation.

26 Division 29F

Repeal the Division.

27 Paragraphs 43-1(3)(b) and (d)

Repeal the paragraphs, substitute:

(b)

capital repayment deductions (see section 43-6).

28 Section 43-8

Repeal the section.

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Schedule 1

Amendments

Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

29 Subsection 44-3(2)

Repeal the subsection, substitute:

(2) The basic subsidy amount for a care recipient for a day is the

amount:

(a) determined by the Minister by legislative instrument; or

(b) worked out in accordance with a method determined by the

Minister by legislative instrument.

30 Before paragraph 44-3(3)(a)

Insert:

(aa) the kind of residential care service through which residential

care is provided to a care recipient;

(ab) whether a care recipient provided with residential care has

been classified under Part 2.4A;

31 Paragraph 44-3(3)(a)

Omit "being provided with residential care", substitute "who have been

classified under Part 2.4A".

32 Paragraphs 44-3(3)(cb) and (cc)

Repeal the paragraphs.

33 Subsection 44-3(4)

Repeal the subsection, substitute:

(4) The Minister may make provision for, or in relation to, a matter by

conferring a power on the Secretary.

34 Subparagraph 44-5(1)(a)(iv)

Repeal the subparagraph.

35 Paragraph 44-17(a)

Repeal the paragraph.

36 Section 44-19

Repeal the section.

Schedule 1

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Part 1

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Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

37 Subsection 44-21(2) (Care subsidy reduction calculator,

step 4, paragraphs (a) and (b))

Repeal the paragraphs, substitute:

(a)

the

adjusted basic subsidy amount

for the care

recipient for the day (see subsection (6A));

(b)

any primary supplement amounts for the care

recipient for the day.

38 Subsection 44-21(2) (Care subsidy reduction calculator,

step 5, paragraphs (a) and (b))

Repeal the paragraphs, substitute:

(a)

the

adjusted basic subsidy amount

for the care

recipient for the day (see subsection (6A));

(b)

any primary supplement amounts for the care

recipient for the day.

39 Subsection 44-21(3)

Omit all the words after "

care subsidy reduction

", substitute:

for a day is the sum of the following amounts:

(a) the adjusted basic subsidy amount for the care recipient for

the day (see subsection (6A));

(b) any primary supplement amounts for the care recipient for

the day.

40 After subsection 44-21(6)

Insert:

(6A) The

adjusted basic subsidy amount

for a care recipient for a day is

an amount:

(a) determined by the Minister by legislative instrument; or

(b) worked out in accordance with a method determined by the

Minister by legislative instrument.

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Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

41 Subsection 44-21(7)

Repeal the subsection, substitute:

(7) The

annual cap

is the amount determined by the Minister by

legislative instrument.

42 Paragraph 44-28(2)(a)

Repeal the paragraph, substitute:

(a) on that day the residential care provided to the care recipient

is not provided on an extra service basis; and

43 Section 52C-5

Omit all the words after "reserving a place in the residential care service

for that day", substitute:

is the amount:

(d) worked out in accordance with a method determined by the

Minister by legislative instrument.

44 Paragraph 63-1(1)(ha)

After "delegates of the Secretary", insert "under subsection 96-2(15)".

45 After section 63-1B

Insert:

63-1BA Responsibility relating to the cessation of the provision of

certain residential care

If an approved provider ceases, on or after the

transition day, to

provide residential care (other than

respite care) to a care recipient

through a residential care service, it is a responsibility of the

provider to notify the Secretary of the cessation:

(a) in the form approved by the Secretary; and

(b) within the period specified in the Accountability Principles.

46 After subsection 85-4(3)

Insert:

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Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

(3A) In reconsidering a decision made under subsection 29C-2(1),

29D-1(1) or 29E-1(1):

(a) the level of care needed by the relevant care recipient,

relative to the needs of other care recipients, must be assessed

under section 29C-3; and

(b) the Secretary must take that assessment into account before

making a decision under subsection (4) of this section.

(3B) If the relevant care recipient cannot be assessed for the purposes of

the reconsideration, the Secretary must not make a decision under

subsection (4).

47 Subsection 85-4(4)

After "must", insert ", subject to subsection (3B)".

48 Subsection 85-5(4A)

Omit "subsection 29-1(1) or 29E-1(1) (which deal with a decision to

change the classification of a care recipient under Part 2.4 or 2.4A)",

substitute "subsection 29-1(1), 29C-2(1), 29D-1(1) or 29E-1(1) (which

deal with decisions relating to the classification of a care recipient)".

49 Subsection 85-5(5)

After "and", insert "must, subject to paragraph (5B)(b)".

50 After subsection 85-5(5)

Insert:

(5A) In reconsidering a decision made under subsection 29C-2(1),

29D-1(1) or 29E-1(1):

(a) the level of care needed by the relevant care recipient,

relative to the needs of other care recipients, must be assessed

under section 29C-3; and

(b) the Secretary must take that assessment into account before

making a decision under subsection (5) of this section.

(5B) If the relevant care recipient cannot be assessed for the purposes of

the reconsideration:

(a) the request is taken to be withdrawn; and

(b) the Secretary must not make a decision under subsection (5).

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Part 1

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Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

51 Subsection 85-6(1)

Omit "subsection 29-1(1) or 29E-1(1) (which deal with a decision to

change the classification of a care recipient under Part 2.4 or 2.4A)",

substitute "subsection 29-1(1), 29C-2(1), 29D-1(1) or 29E-1(1) (which

deal with decisions relating to the classification of a care recipient)".

52 Paragraph 85-6(3)(b)

Omit "an approved provider", substitute "a person".

53 After subsection 96-2(15)

Insert:

SES employee etc. in the Department

(15A) The Secretary may, in writing, delegate the powers conferred on

the Secretary under the determination made under

subsection 44-3(2) to an SES employee, or an acting SES

employee, in the Department.

Note:

The expressions

SES employee

and

acting SES employee

are defined

in section 2B of the

Acts Interpretation Act 1901

54 Clause 1 of Schedule 1 (definition of adjusted subsidy

place)

Repeal the definition.

55 Clause 1 of Schedule 1

Insert:

transition day

means the day Schedule 1 to the

Aged Care and

Other Legislation Amendment (Royal Commission Response) Act

2022

commences.

Aged Care (Transitional Provisions) Act 1997

56 Paragraph 42-1(2)(c)

Omit "subsections (3) and (4)", substitute "subsection (3)".

Schedule 1

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Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

57 Subsection 42-1(4)

Repeal the subsection.

58 Paragraphs 43-1(3)(b) and (d)

Repeal the paragraphs, substitute:

(b)

capital repayment deductions (see section 43-6).

59 Section 43-8

Repeal the section.

60 Subsection 44-3(2)

Repeal the subsection, substitute:

(2) The basic subsidy amount for a care recipient for a day is the

amount:

(a) determined by the Minister by legislative instrument; or

(b) worked out in accordance with a method determined by the

Minister by legislative instrument.

61 Paragraphs 44-3(3)(a) and (aa)

Repeal the paragraphs, substitute:

(a) the kind of residential care service through which residential

care is provided to a care recipient;

(aa) whether a care recipient being provided with residential care

has been classified under Part 2.4A of the

Aged Care Act

1997

;

(ab) the

classification levels for care recipients who have been

classified under that Part;

62 Paragraphs 44-3(3)(cb), (cc) and (d)

Repeal the paragraphs.

63 Subsection 44-3(4)

Repeal the subsection, substitute:

(4) The Minister may make provision for, or in relation to, a matter by

conferring a power on the Secretary.

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Response) Bill 2022

64 Paragraph 44-5(aa)

Repeal the paragraph.

65 Paragraph 44-5A(2)(a)

Repeal the paragraph.

66 Paragraph 44-6(2)(a)

Repeal the paragraph.

67 After subsection 44-6(2)

Insert:

(3) The care recipient is also eligible for a concessional resident

supplement on a particular day if the care recipient was eligible for

either of the following on the day before the transition day (within

the meaning of the

Aged Care Act 1997

(a) a charge exempt resident supplement under repealed

section 44-8A;

(b) a transitional supplement under repealed section 33 of the

Aged Care (Transitional Provisions) Principles.

68 Subsection 44-6(5)

Omit "Subject to subsection (6), the", substitute "The".

69 Subsection 44-6(6)

Repeal the subsection.

70 Sections 44-8A and 44-8B

Repeal the sections.

71 Paragraph 44-17(b)

Repeal the paragraph.

72 Section 44-19

Repeal the section.

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Response) Bill 2022

No. , 2022

73 Subsection 44-21(3) (Income tested reduction calculator,

step 4, paragraph (c))

Repeal the paragraph (not including the note), substitute:

(c)

the

subsidy related amount

for a care recipient for

a day (see subsection (4)).

74 At the end of section 44-21

Add:

(4) The

subsidy related amount

for a care recipient for a day is the

total of the following amounts:

(a) the adjusted basic subsidy amount for the care recipient for

the day (see subsection (5));

(b) the amounts of any primary supplements worked out using

Subdivision 44-C for the care recipient for the day;

less the amounts of any reductions in subsidy worked out using

Subdivision 44-D for the care recipient for the day.

(5) The

adjusted basic subsidy amount

for a care recipient for a day is

an amount:

(a) determined by the Minister by legislative instrument; or

(b) worked out in accordance with a method determined by the

Minister by legislative instrument.

75 Paragraph 44-23(4)(b)

Repeal the paragraph, substitute:

(b) the subsidy related amount worked out under

subsection 44-21(4) for the care recipient for that day.

76 Paragraph 44-27(1)(b)

Repeal the paragraph.

77 Section 44-29

Repeal the section.

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78 Paragraphs 57-2(1)(aa) and (ab)

Repeal the paragraphs, substitute:

(a) subject to this subsection, an accommodation bond must be

charged for the entry if:

(i) the care recipient enters the service within 28 days after

the day on which the care recipient ceased (other than

because the care recipient is on

leave) being provided

with care through another such service (the

prior

service

); and

(ii) an accommodation bond was paid by the care recipient

for entry to the prior service;

(aa) the care recipient is not a care recipient eligible for a

concessional resident supplement under

paragraph 44-6(3)(a);

79 Paragraph 57-2(1)(g)

Omit "paragraph 57-14(1)(b) or section 57-23", substitute "or

paragraph 57-14(1)(b)".

80 Section 57-13

Repeal the section, substitute:

57-13 Maximum amount of accommodation bond if care recipient

moves between aged care services

(1) If paragraph 57-2(1)(a) applies in relation to the charging of an

accommodation bond for

entry by a care recipient to an

aged

care service, the maximum amount of the accommodation bond for

the entry of the care recipient to the service is the amount set out in

subsection (2) of this section.

(2) The amount is the

accommodation bond balance that was

refunded or is payable to the care recipient under Division 52P of

the

Aged Care Act 1997

in respect of the

accommodation bond

referred to in subparagraph 57-2(1)(a)(ii).

81 Subdivision 57-H

Repeal the Subdivision.

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82 Paragraphs 57A-2(1)(a) and (b)

Repeal the paragraphs, substitute:

(a) subject to this subsection, an accommodation charge must be

charged for the entry if:

(i) the care recipient enters the service within 28 days after

the day on which the care recipient ceased (other than

because the care recipient is on

leave) being provided

with care through another such service (the

prior

service

); and

(ii) an accommodation charge was payable by the care

recipient for entry to the prior service;

(b) the care recipient is not a care recipient eligible for a

concessional resident supplement under

paragraph 44-6(3)(a);

83 Section 57A-8A

Repeal the section, substitute:

57A-8A Maximum amount of accommodation charge if care

recipient moves between aged care services

(1) If paragraph 57A-2(1)(a) applies in relation to the charging of an

accommodation charge for

entry by a care recipient to an

aged

care service, the maximum daily amount at which the

accommodation charge accrues for the entry of the care recipient to

the service is the amount set out in subsection (2) of this section.

(2) The amount is the maximum daily amount of

accommodation

charge that accrued under section 57A-6 for entry of the care

recipient to the prior service referred to in

subparagraph 57A-2(1)(a)(i).

84 Section 58-6

Omit all the words after "reserving a place in the residential care service

for that day", substitute:

is the amount:

(d) worked out in accordance with a method determined by the

Minister by legislative instrument.

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85 Section 85-1 (table item 47)

Repeal the table item.

86 After subsection 96-2(11)

Insert:

SES employee etc. in the Department

(11A) The Secretary may, in writing, delegate the powers conferred on

the Secretary under the determination made under

subsection 44-3(2) to an SES employee, or an acting SES

employee, in the Department.

Note:

The expressions

SES employee

and

acting SES employee

are defined

in section 2B of the

Acts Interpretation Act 1901

87 Clause 1 of Schedule 1

Repeal the following definitions:

(a) the definition of

adjusted subsidy place

;

(b) the definition of

charge exempt resident

;

high level of residential care

;

(d) the definition of

lowest applicable classification level

;

(e) the definition of

low level of residential care

Schedule 1

Residential aged care funding

Part 2

Application, transitional and saving provisions

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

Part 2--Application, transitional and saving

provisions

Division 1

--Introduction

88 Definitions

In this Part:

Aged Care Act

means the

Aged Care Act 1997

amending Part

means Part 1 of this Schedule.

payment period

has the meaning given by:

(a) when used in relation to a provision of the Aged Care Act--

section 43-2 of that Act; or

(b) when used in relation to a provision of the Transitional Act--

section 43-2 of that Act.

Transitional Act

means the

Aged Care (Transitional Provisions) Act

1997

transition day

means the day this item commences.

viability supplement decision

means a decision made under

subsection 44-29(2) of the Transitional Act to refuse to make a

determination in respect of a residential care service.

Division 2

--Classifications of care recipients

89 Application

--classification, and renewal of classification,

of care recipients by the Secretary

(1)

Subsection 25-1(1A) of the Aged Care Act, as inserted by the amending

Part, applies in relation to an appraisal that is received, or that is taken

to have been received, by the Secretary before, on or after the transition

day.

(2)

Subsection 27-6(1A) of the Aged Care Act, as inserted by the amending

Part, applies in relation to a reappraisal that is received by the Secretary

before, on or after the transition day.

Residential aged care funding

Schedule 1

Application, transitional and saving provisions

Part 2

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

90 Saving

--Classification Principles made in relation to

assessments

(1)

This item applies to the Classification Principles made for the purposes

of subsection 29C-3(2) of the Aged Care Act that are in force

immediately before the transition day.

(2)

Despite the repeal of subsection 29C-3(2) of the Aged Care Act by the

amending Part, those Classification Principles continue in force (and

may be dealt with), on and after the transition day, as if they had been

made for the purposes of that subsection as amended by the amending

Part.

91 Application

--application for reclassification of a care

recipient

Section 29D-1 of the Aged Care Act, as amended by the amending Part,

applies in relation to an application by an approved provider that is

made on or after the transition day.

Division 3

--Residential care subsidy on or after the

transition day

92 Application

--eligibility for residential care subsidy under

the Transitional Act

Section 42-1 of the Transitional Act, as amended by the amending Part,

applies in relation to a day that is on or after the transition day.

93 Application

--basic subsidy amount under the Aged Care

Act and Transitional Act

(1)

Subsection 44-3(2) of the Aged Care Act, and subsection 44-3(2) of the

Transitional Act, as amended by the amending Part, apply in relation to

a day that is on or after the transition day.

(2)

Subsections 44-3(3) and (4) of the Aged Care Act, and

subsections 44-3(3) and (4) of the Transitional Act, as amended by the

amending Part, apply in relation to a determination made on or after the

transition day.

Schedule 1

Residential aged care funding

Part 2

Application, transitional and saving provisions

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

94 Application

--other amendments relating to residential

care subsidy under the Aged Care Act and Transitional

Act

Aged Care Act

(1)

The following provisions of the Aged Care Act, as amended by the

amending Part, apply in relation to a payment period that starts on or

after the transition day:

(a) subsection 43-1(3);

(b) subsection 44-5(1);

(d) section 44-21;

(e) subsection 44-28(2).

(2)

The repeal of sections 43-8 and 44-19 of the Aged Care Act by the

amending Part applies in relation to a payment period that starts on or

after the transition day.

Transitional Act

(3)

The following provisions of the Transitional Act, as amended by the

amending Part, apply in relation to a payment period that starts on or

after the transition day:

(a) subsection 43-1(3);

(b) section 44-5;

(d) section 44-6;

(e) section 44-17;

(f) section 44-21;

(g) paragraph 44-23(4)(b);

(h) subsection 44-27(1).

(4)

The repeal of sections 43-8, 44-8A, 44-8B, 44-19 and 44-29 of the

Transitional Act by the amending Part applies in relation to a payment

period that starts on or after the transition day.

Residential aged care funding

Schedule 1

Application, transitional and saving provisions

Part 2

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

Division 4

--Residential care subsidy for a day that is

before the transition day

95 Saving

--eligibility for residential care subsidy under the

Transitional Act

(1)

Despite the amendments of section 42-1 of the Transitional Act made

by the amending Part, that provision, as in force immediately before the

transition day, continues to apply, on and after that day, in relation to a

day that is before the transition day.

(2)

Despite the repeal of the following definitions in clause 1 of Schedule 1

to the Transitional Act by the amending Part:

(a) the definition of

high level of residential care

;

(b) the definition of

low level of residential care

;

those definitions continue to apply, on and after the transition day, for

the purposes of subitem (1), as if the repeal had not happened.

96 Saving

--non-compliance deductions under the Aged Care

Act and Transitional Act

(1)

Despite:

(a) the amendment of subsection 43-1(3) of the Aged Care Act,

and subsection 43-1(3) of the Transitional Act, made by the

amending Part; and

(b) the repeal of section 43-8 of each of those Acts by that Part;

those provisions, as in force immediately before the transition day,

continue to apply, on and after that day, in relation to a payment period

that starts before that day.

(2)

If:

(a) Subsidy Principles were made for the purposes of

section 43-8 of the Aged Care Act before the transition day;

and

(b) those Principles are in force immediately before that day;

then, despite the repeal of that section by the amending Part, those

Principles continue in force, on and after that day, for the purposes of

subitem (1), as if the repeal had not happened.

(3)

If:

Schedule 1

Residential aged care funding

Part 2

Application, transitional and saving provisions

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

(a) Aged Care (Transitional Provisions) Principles were made

for the purposes of section 43-8 of the Transitional Act

before the transition day; and

(b) those Principles are in force immediately before that day;

then, despite the repeal of that section by the amending Part, those

Principles continue in force, on and after that day, for the purposes of

subitem (1), as if the repeal had not happened.

97 Saving

--basic subsidy amount under the Aged Care Act

and Transitional Act

(1)

Despite the amendments of the following provisions made by the

amending Part:

(a) section 44-3 of the Aged Care Act;

(b) section 44-3 of the Transitional Act;

those sections, as in force immediately before the transition day,

continue to apply, on and after that day, in relation to a day that is

before the transition day, as if the amendments had not been made.

(2)

If:

(a) a determination was made under subsection 44-3(2) of the

Aged Care Act, or subsection 44-3(2) of the Transitional Act,

before the transition day; and

(b) the determination is in force immediately before that day;

then, despite the repeal of that subsection by the amending Part, the

determination continues in force, on and after that day, for the purposes

of subitem (1), as if the amendments had not been made.

(3)

Despite the repeal of the definition of

low level of residential care

clause 1 of Schedule 1 to the Transitional Act by the amending Part,

that definition continues to apply, on and after the transition day, for the

purposes of subitem (1), as if the repeal had not happened.

98 Saving

--charge exempt resident supplement and viability

supplement under the Transitional Act

(1)

Despite:

(a) the amendments of section 44-5 and subsections 44-21(3)

and 44-27(1) of the Transitional Act made by the amending

Part; and

Residential aged care funding

Schedule 1

Application, transitional and saving provisions

Part 2

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

(b) the repeal of sections 44-8A, 44-8B and 44-29 of that Act by

that Part;

those provisions, as in force immediately before the transition day,

continue to apply, on and after that day, in relation to a payment period

that starts before that day.

(2)

If:

(a) Aged Care (Transitional Provisions) Principles were made

for the purposes of section 44-8A or 44-29 of the Transitional

Act before the transition day; and

(b) those Principles are in force immediately before that day;

then, despite the repeal of that section by the amending Part, those

Principles continue in force, on and after that day, for the purposes of

subitem (1), as if the repeal had not happened.

(3)

If:

(a) a determination was made under subsection 44-8A(3),

44-29(2) or 44-29(8) of the Transitional Act before the

transition day; and

(b) the determination is in force immediately before that day;

then, despite the repeal of that subsection by the amending Part, the

determination continues in force, on and after that day, for the purposes

of subitem (1), as if the repeal had not happened.

(4)

Despite the repeal of the definition of

charge exempt resident

clause 1 of Schedule 1 to the Transitional Act by the amending Part,

that definition continues to apply, on and after the transition day, for the

purposes of subitem (1), as if the repeal had not happened.

99 Saving

--eligibility for concessional resident supplement

under the Transitional Act

(1)

Despite the amendments of section 44-6 of the Transitional Act made

by the amending Part, that section, as in force immediately before the

transition day, continues to apply, on and after that day, in relation to a

payment period that starts before that day.

(2)

Despite the repeal of the definition of

lowest applicable classification

level

in clause 1 of Schedule 1 to the Transitional Act by the amending

Schedule 1

Residential aged care funding

Part 2

Application, transitional and saving provisions

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

Part, that definition continues to apply, on and after the transition day,

for the purposes of subitem (1), as if the repeal had not happened.

100 Saving

--adjusted subsidy amount under the Aged Care

Act and Transitional Act

(1)

Despite the repeal of the following provisions by the amending Part:

(a) paragraph 44-17(a) and section 44-19 of the Aged Care Act;

(b) paragraph 44-17(b) and section 44-19 of the Transitional Act;

those provisions, as in force immediately before the transition day,

continue to apply, on and after that day, in relation to a payment period

that starts before that day.

(2)

If:

(a) a determination was made before the transition day under:

(i) paragraph 44-19(1)(b) or subsection 44-19(2) of the

Aged Care Act; or

(ii) paragraph 44-19(1)(b) or subsection 44-19(2) of the

Transitional Act; and

(b) the determination is in force immediately before that day;

then, despite the repeal of that provision by the amending Part, the

determination continues in force, on and after that day, for the purposes

of subitem (1), as if the repeal had not happened.

101 Saving

--care subsidy reduction under the Aged Care Act

Despite

the amendments of section 44-21 of the Aged Care Act

made by the

amending Part, that section, as in force immediately

before the transition day, continues to apply, on and after that day,

in relation to a payment period that starts before that day.

102 Saving

--daily income tested reduction under the

Transitional Act

Despite

the amendments of section 44-21 and

paragraph 44-23(4)(b) of the Transitional Act made by the

amending Part, those provisions, as in force immediately before the

transition day, continue to apply, on and after that day, in relation

to a payment period that starts before that day.

Residential aged care funding

Schedule 1

Application, transitional and saving provisions

Part 2

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

103 Saving

--accommodation supplement under the Aged

Care Act and Transitional Act

(1)

Despite the amendments of section 44-28 of the Aged Care Act, and

section 44-5A of the Transitional Act, made by the amending Part,

those sections, as in force immediately before the transition day,

continue to apply, on and after that day, in relation to a payment period

that starts before that day.

(2)

Despite the repeal of the definition of

lowest applicable classification

level

in clause 1 of Schedule 1 to the Transitional Act by the amending

Part, that definition continues to apply, on and after the transition day,

for the purposes of subitem (1), as if the repeal had not happened.

Division 5

--Resident fees

104 Application

--maximum daily amount of resident fees on

or after the transition day under the Aged Care Act and

Transitional Act

Section 52C-5 of the Aged Care Act, and section 58-6 of the

Transitional Act, as amended by the amending Part, apply in relation to

a day that is on or after the transition day.

105 Saving

--maximum daily amount of resident fees for a

day that is before the transition day under the Aged

Care Act and Transitional Act

Despite the amendments of section 52C-5 of the Aged Care Act and

section 58-6 of the Transitional Act made by the amending Part, those

sections, as in force immediately before the transition day, continue to

apply, on and after that day, in relation to a day that is before the

transition day.

Schedule 1

Residential aged care funding

Part 2

Application, transitional and saving provisions

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

Division 6

--Accommodation bonds and charges

106 Application

--accommodation bonds and charges under

the Transitional Act

Sections 57-2, 57-13, 57A-2 and 57A-8A of the Transitional Act, as

amended by the amending Part, apply in relation to the entry of a person

to a residential care service, or flexible care service, on a day that is on

or after the transition day.

Division 7

--Viability supplement decisions under the

Transitional Act

107 Application

--reconsideration of viability supplement

decisions at Secretary's own initiative

Despite the repeal of item 47 of the table in section 85-1 of the

Transitional Act by the amending Part:

(a) section 85-4 of that Act continues to apply, on and after the

transition day, in relation to a viability supplement decision

made before that day, as if the repeal had not happened; and

(b) section 85-8 of that Act continues to apply, on and after that

day, in relation to any decision to confirm, vary or set aside

the viability supplement decision under section 85-4 of that

Act, as if the repeal had not happened.

108 Application

--reconsideration of viability supplement

decisions where reconsideration period has not ended

(1)

This item applies to a viability supplement decision if:

(a) the decision was made before the transition day; and

(b) immediately before that day, the period referred to in

paragraph 85-5(3)(a) of the Transitional Act has not ended.

(2)

Despite the repeal of item 47 of the table in section 85-1 of the

Transitional Act by the amending Part:

(a) section 85-5 of that Act continues to apply, on and after the

transition day, in relation to the decision, as if the repeal had

not happened; and

(b) section 85-8 of that Act continues to apply, on and after that

day, in relation to any decision to confirm, vary or set aside

Residential aged care funding

Schedule 1

Application, transitional and saving provisions

Part 2

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

the viability supplement decision under section 85-5 of that

Act, as if the repeal had not happened.

109 Application

--pending request for reconsideration of

viability supplement decisions

(1)

This item applies to a request made under subsection 85-5(1) of the

Transitional Act for the reconsideration of a viability supplement

decision if:

(a) the request was made before the transition day; and

(b) immediately before that day, the Secretary has not made a

decision in relation to the request.

(2)

Despite the repeal of item 47 of the table in section 85-1 of the

Transitional Act by the amending Part:

(a) section 85-5 of that Act continues to apply, on and after the

transition day, in relation to the request, as if the repeal had

not happened; and

(b) section 85-8 of that Act continues to apply, on and after that

day, in relation to a decision to confirm, vary or set aside the

viability supplement decision under section 85-5 of that Act,

as if the repeal had not happened.

110 Application

--review by the Administrative Appeals

Tribunal of pre-transition viability supplement

decisions

(1)

This item applies to a decision (the

reconsideration decision

) to

confirm, vary or set aside, under section 85-4 or 85-5 of the Transitional

Act, a viability supplement decision if:

(a) the reconsideration decision was made before the transition

day; and

(b) immediately before that day:

(i) an application for review of the reconsideration decision

by the Administrative Appeals Tribunal has not been

made; and

(ii) the time for a person to make such an application has

not ended (including any extensions of that time under

section 29 of the

Administrative Appeals Tribunal Act

1975

Schedule 1

Residential aged care funding

Part 2

Application, transitional and saving provisions

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

(2)

Despite the repeal of item 47 of the table in section 85-1 of the

Transitional Act by the amending Part, section 85-8 of that Act

continues to apply, on and after the transition day, in relation to the

reconsideration decision, as if the repeal had not happened.

Division 8

--Other matters

111 Transitional rules

(1)

The Minister may, by legislative instrument, make rules prescribing

matters of a transitional nature (including prescribing any saving or

application provisions) relating to the amendments or repeals made by

the amending Part.

(2)

To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated

Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Schedule.

(3)

This Part (other than subitem (2)) does not limit the rules that may be

made for the purposes of subitem (1).

Star ratings

Schedule 2

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

Schedule 2--Star ratings

Aged Care Act 1997

1 In the appropriate position in Division 86

Insert:

86-11 Publishing star ratings for residential care services

(1) The Secretary must publish information about:

(a) the quality of residential care provided through residential

care services; and

(b) the performance of approved providers of such services in

relation to responsibilities and standards under this Act.

(2) The Secretary may publish information under subsection (1) in the

form of one or more star ratings for a residential care service.

(3) The Secretary may use

protected information for the purposes of:

(a) creating information for publication under subsection (1); or

(b) calculating a star rating for a residential care service.

(4) Information published under subsection (1) must not include

personal information about an individual.

(5) The Secretary is not liable to civil proceedings for loss, damage or

injury of any kind suffered by the approved provider of a

residential care service, or another person, as a result of the

publication of information under subsection (1).

2 Application provision

Section 86-11 of the

Aged Care Act 1997

, as inserted by this Schedule,

applies in relation to information whether the information was acquired

or created before, on or after the commencement of this item.

Schedule 3

Code of conduct and banning orders

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

Schedule 3--Code of conduct and banning

orders

Aged Care Act 1997

1 After paragraph 54-1(1)(f)

Insert:

(g) to comply with the provisions of the

Code of Conduct that

apply to the approved provider;

(ga) to take reasonable steps to ensure that the

aged care workers,

and the

governing persons, of the approved provider comply

with the provisions of the Code of Conduct that apply to

them;

2 Clause 1 of Schedule 1

Insert:

aged care worker

of an approved provider has the same meaning

as in the

Quality and Safety Commission Act.

Code of Conduct

has the same meaning as in the

Quality and

Safety Commission Act.

governing person

of an approved provider has the same meaning

as in the

Quality and Safety Commission Act.

Aged Care Quality and Safety Commission Act 2018

3 Section 6 (after paragraph (d))

Insert:

(da)

the code functions; and

4 Section 6 (paragra

ph beginning "This Act also")

After "with the", insert "Code of Conduct, the".

Code of conduct and banning orders

Schedule 3

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

5 Section 7

Insert:

ABN

has the meaning given by the

A New Tax System (Australian

Business Number) Act 1999

aged care worker

of an approved provider means:

(a) an individual employed or otherwise engaged (including on a

voluntary basis) by the provider; or

(b) an individual:

(i) who is employed or otherwise engaged (including on a

voluntary basis) by a contractor or subcontractor of the

provider; and

(ii) who provides care or other services to the care

recipients provided with aged care through an aged care

service of the provider.

Note:

An individual engaged by an approved provider includes an

independent contractor.

banning order

means an order made under subsection 74GB(1) or

(3).

code functions

: see section 18A.

Code of Conduct

means the code of conduct which the rules made

for the purposes of subsection 74AE(1) make provision for or in

relation to.

governing person

of an approved provider means an individual

who is one of the key personnel of the provider under

paragraph 8B(1)(a) or (b).

6 After paragraph 8C(1)(a)

Insert:

(aa) whether a banning order against the individual is, or has at

any time been, in force;

7 Section 14 (after paragraph (d))

Insert:

Schedule 3

Code of conduct and banning orders

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

(da)

the code functions; and

8 After paragraph 16(1)(d)

Insert:

(da) the code functions;

9 After section 18

Insert:

18A Code functions of the Commissioner

(1) The

code functions

of the Commissioner are:

(a) to, in accordance with the rules, take action in relation to

compliance by any of the following with the provisions of the

Code of Conduct that apply or applied to them:

(i) an approved provider;

(ii) an individual who is or was an aged care worker of an

approved provider;

(iii) an individual who is or was a governing person of an

approved provider; and

(b) to do anything else relating to that matter that is specified in

the rules.

(2) Subsection (1), and any rules made for the purposes of that

subsection, do not limit, or otherwise affect, the operation of any

other provision of this Act in relation to the Code of Conduct.

10 After subsection 21(3)

Insert:

Code functions

(3A) Without limiting subsection (1), the rules may make provision for

the taking of action in relation to compliance by any of the

following with the provisions of the Code of Conduct that apply or

applied to them:

(a) an approved provider;

Code of conduct and banning orders

Schedule 3

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

(b) an individual who is or was an aged care worker of an

approved provider;

approved provider.

(3B) Without limiting subsection (3A), the rules may make provision

for, or in relation to, any one or more of the following:

(a) how information about compliance with the Code of Conduct

may be given to the Commissioner;

(b) the actions that may be taken by the Commissioner in

relation to compliance with the Code of Conduct, which may

include requiring an approved provider or other relevant

person to do something;

(i) persons who give such information to the

Commissioner; or

(ii) approved providers; or

(iii) individuals who are or were aged care workers, or

governing persons, of approved providers; or

(iv) any other relevant persons;

(d) the review or reconsideration of decisions made in relation to

compliance with the Code of Conduct.

11 After Part 8

Insert:

Part 8AA--Code of Conduct

Division 1--Introduction

74AA Simplified outline of this Part

Approved providers, and their aged care workers and governing

persons, must comply with the provisions of the Code of Conduct

that apply to them.

Approved providers have a responsibility under the Aged Care Act

to comply with the provisions of the Code of Conduct that apply to

Schedule 3

Code of conduct and banning orders

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

them. A failure to do so may result in a sanction being imposed

under this Act. It may also result in a civil penalty order being

made.

If an aged care worker, or a governing person, of an approved

provider fails to comply with the provisions of the Code of

Conduct that apply to them, it may result in a civil penalty order

being made.

Division 2--Code of Conduct

74AB Contravention of Code of Conduct by approved providers

An approved provider contravenes this section if:

(a) the provider is a corporation; and

(b) the provider fails to comply with the provisions of the Code

of Conduct that apply to the provider.

Note:

Approved providers have a responsibility under paragraph 54-1(1)(g)

of the Aged Care Act to comply with the Code of Conduct. Failure to

comply with that responsibility may result in a sanction being imposed

under section 63N of this Act.

Civil penalty:

250 penalty units.

74AC Aged care workers of approved providers must comply with

Code of Conduct

(1) An aged care worker of an approved provider must comply with

the provisions of the Code of Conduct that apply to the worker.

(2) An aged care worker of an approved provider contravenes this

subsection if:

(a) the provider is a corporation; and

(b) the worker fails to comply with the provisions of the Code of

Conduct that apply to the worker.

Civil penalty:

250 penalty units.

Code of conduct and banning orders

Schedule 3

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

74AD Governing persons of approved providers must comply with

Code of Conduct

(1) A governing person of an approved provider must comply with the

provisions of the Code of Conduct that apply to the person.

(2) A governing person of an approved provider contravenes this

subsection if:

(a) the provider is a corporation; and

(b) the person fails to comply with the provisions of the Code of

Conduct that apply to the person.

Civil penalty:

250 penalty units.

74AE Code of Conduct

(1) The rules may make provision for, or in relation to, a code of

conduct that applies to the following:

(a) approved providers;

(b) aged care workers of approved providers;

(2) Without limiting subsection (1), the rules may provide as follows:

(a) that a provision of the code of conduct applies to any or all of

the following:

(i) approved providers;

(ii) aged care workers of approved providers;

(iii) governing persons of approved providers;

(b) that a provision of the code of conduct applies to the

following:

(i) specified kinds of aged care workers of approved

providers;

(ii) aged care workers of specified kinds of approved

providers;

(iii) specified kinds of governing persons of approved

providers;

(iv) governing persons of specified kinds of approved

providers.

Schedule 3

Code of conduct and banning orders

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

12 Part 8A (heading)

Repeal the heading, substitute:

Part 8A--Enforcement and compliance

13 Section

74A (paragraph beginning "An authorised officer

may enter")

Before:

(a)

whether a provision of Chapter 4 of the Aged Care Act

has been, or is being, complied with;

insert:

(aa)

whether an aged care worker, or a governing person, of

an approved provider has complied, or is complying,

with the provisions of the Code of Conduct that apply to

them;

14 Section 74A

Omit:

An approved provider's responsibilities under Chapter 4 of the

Aged Care Act may be enforced by enforceable undertakings and

injunctions under Parts 6 and 7 of the Regulatory Powers Act.

substitute:

The following may be enforced by enforceable undertakings and

injunctions under Parts 6 and 7 of the Regulatory Powers Act:

(a)

compliance with the provisions of the Code of Conduct

that apply to an aged care worker, or a governing

person, of an approved provider;

(b)

an approved provider's responsibilities under Chapter 4

of the Aged Care Act.

15 At the end of section 74A

Add:

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The Commissioner may, in certain circumstances, make a banning

order against an individual who is or was an aged care worker, or a

governing person, of an approved provider.

16 Subsection 74B(1)

Repeal the subsection, substitute:

Provisions subject to monitoring

(1) The following provisions are subject to monitoring under Part 2 of

the Regulatory Powers Act:

(a) subsections 74AC(1) and 74AD(1) of this Act;

(b) a provision of Chapter 4 of the Aged Care Act.

Note:

Part 2 of the Regulatory Powers Act creates a framework for

monitoring whether a provision has been complied with. It includes

powers of entry and inspection.

17 Subsection 74B(3)

Omit "subsection (1)", substitute "paragraph (1)(b)".

18 Subsections 74B(4) to (7)

Omit "the provision", substitute "a provision".

19 Paragraph 74C(1)(a)

Omit "the provision", substitute "a provision".

20 Subsection 74EC(1)

Repeal the subsection, substitute:

Enforceable provisions

(1) The following provisions are enforceable under Part 6 of the

Regulatory Powers Act:

(a) subsections 74AC(1) and 74AD(1) of this Act;

(b) a provision of Chapter 4 of the Aged Care Act.

Note:

Part 6 of the Regulatory Powers Act creates a framework for

accepting and enforcing undertakings relating to compliance with

provisions.

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21 Subsection 74ED(1)

Repeal the subsection, substitute:

Enforceable provisions

(1) The following provisions are enforceable under Part 7 of the

Regulatory Powers Act:

(a) subsections 74AC(1) and 74AD(1) of this Act;

(b) a provision of Chapter 4 of the Aged Care Act.

Note:

Part 7 of the Regulatory Powers Act creates a framework for using

injunctions to enforce provisions.

22 After subsection 74EE(1A)

Insert:

Code of Conduct

(1AA) The Commissioner may give to an approved provider a written

notice if the Commissioner:

(a) is satisfied that the approved provider is not complying with

the provider's responsibility under paragraph 54-1(1)(g) or

(ga) of the Aged Care Act; or

(b) is aware of information that suggests that the approved

provider may not be complying with that responsibility.

23 After section 74F

Insert:

74FA Notice to attend to answer questions etc. relevant to

compliance with Code of Conduct

(1) This section applies if the Commissioner believes on reasonable

grounds that a person has information or documents relevant to

either or both of the following matters:

(a) whether an individual who is or was an aged care worker of

an approved provider that is a corporation is complying, or

has complied, with a provision of the Code of Conduct that

applies or applied to the individual;

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(b) whether an individual who is or was a governing person of an

approved provider that is a corporation is complying, or has

complied, with a provision of the Code of Conduct that

applies or applied to the individual.

(2) The Commissioner may, by written notice, require the person to

attend before an authorised officer to do either or both of the

following:

(a) to answer questions relating to the matter;

(b) to give such information or documents (or copies of

documents) as are specified in the notice.

Notice requirements

(3) If a notice is given to a person under subsection (2), the notice

must:

(a) specify the authorised officer before whom the person is

required to attend; and

(b) specify the day on which, and the time and place at which,

the person is required to attend.

(4) The day specified under paragraph (3)(b) must be at least 14 days

after the notice is given.

Offence

(5) A person commits an offence if:

(a) the person is given a notice under subsection (2); and

(b) the person fails to comply with a requirement of the notice.

Penalty: 30 penalty units.

Reasonable compensation

(6) A person is entitled to be paid by the Commonwealth reasonable

compensation for complying with a requirement of a notice given

to the person under subsection (2) to give copies of documents.

24 Paragraph 74G(1)(a)

After "subsection 74F(1)", insert "or 74FA(2)".

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25 At the end of Division 3 of Part 8A

Add:

74GAA Privilege against self-incrimination not abrogated

(1) Nothing in this Division affects the right of a person to refuse to

answer a question, give information or give a document on the

ground that answering the question, giving the information or

giving the document might tend to incriminate the person.

(2) The fact that this section is included in this Division does not imply

that the privilege against self-incrimination is abrogated in any

other Act.

26 At the end of Part 8A

Add:

Division 4--Banning orders

74GB Banning orders--aged care workers and governing persons of

approved providers etc.

Current and former aged care workers etc.

(1) Subject to subsection (2), the Commissioner may make an order

(the

banning order

) prohibiting or restricting an individual who is

or was an aged care worker, or who is or was a governing person,

of an approved provider:

(a) from being involved in the provision of any type of aged care

or specified types of aged care; or

(b) from engaging in specified activities as an aged care worker,

or as a governing person, of the provider.

Note:

See section 74GE for when the Commissioner must give notice of an

intention to make the banning order.

(2) The Commissioner must not make the banning order against the

individual under subsection (1) unless:

(a) the Commissioner reasonably believes that the individual did

not comply, is not complying or is not likely to comply with

Code of conduct and banning orders

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a provision of the Code of Conduct that applies or applied to

the individual; or

(b) the Commissioner reasonably believes that the individual is

not suitable:

(i) to be involved, or to continue to be involved, in the

provision of any type of aged care or the specified types

of aged care; or

(ii) to engage, or to continue to engage, in the specified

activities as an aged care worker, or as a governing

person, of the approved provider; or

or severe risk to the safety, health or well-being of one or

more care recipients if the individual:

(i) is involved, or continues to be involved, in the provision

of any type of aged care or the specified types of aged

care; or

(ii) engages, or continues to engage, in the specified

activities as an aged care worker, or as a governing

person, of the approved provider; or

(d) the individual has at any time been convicted of an indictable

offence involving fraud or dishonesty; or

(e) the individual is an insolvent under administration.

Individual not suitable to be involved in the provision of aged care

etc.

(3) Subject to subsection (4), the Commissioner may make an order

(the

banning order

) prohibiting or restricting an individual who

has not previously been an aged care worker, or a governing

person, of an approved provider:

(a) from being involved in the provision of any type of aged care

or specified types of aged care; or

(b) from engaging in specified activities as an aged care worker,

or as a governing person, of the provider.

Note:

See section 74GE for when the Commissioner must give notice of an

intention to make the banning order.

Schedule 3

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Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

(4) The Commissioner must not make the banning order against the

individual under subsection (3) unless the Commissioner

reasonably believes that the individual is not suitable:

(a) to be involved in the provision of any type of aged care or the

specified types of aged care; or

(b) to engage in the specified activities as an aged care worker,

or as a governing person, of the approved provider.

Suitability matters

(5) In considering whether an individual is suitable to be involved in

the provision of any type of aged care or specified types of aged

care, the Commissioner must consider the suitability matters in

relation to the individual.

(6) Subsection (5) does not limit the matters the Commissioner may

consider in considering the matter mentioned in that subsection.

Other

(7) A banning order is not a legislative instrument.

74GC Application etc. of banning order made against an aged care

worker etc.

(1) This section applies if a banning order is made against an

individual who is or was:

(a) an aged care worker of an approved provider; or

(b) a governing person of an approved provider.

Application of banning order

(2) The banning order may:

(a) apply generally or be of limited application; and

(b) be permanent or for a specified period; and

(3) If the banning order is made against an individual who is an aged

care worker, or a governing person, of an approved provider, the

order continues to have effect even if the individual ceases to be

such a worker or person (as the case may be).

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Response) Bill 2022

Notice of banning order

(4) The Commissioner must, as soon as is practicable after deciding to

make the banning order, give the individual a written notice that:

(a) sets out the decision; and

(b) sets out the reasons for the decision; and

of limited application; and

(d) if the order is of limited application--specifies that limited

application; and

(e) specifies the day on which the order takes effect; and

(f) if the order is to cease to have effect on a particular day--

specifies that day; and

(g) specifies any conditions to which the order is subject; and

(h) sets out the effect of subsection (3); and

(i) states how the individual may apply for reconsideration of

the decision.

(5) If the Commissioner gives a notice under subsection (4) to an

individual who is an aged care worker, or a governing person, of an

approved provider, the Commissioner must, as soon as is

practicable, give the provider a copy of the notice.

74GD Contraventions of banning orders etc.

(1) An individual contravenes this subsection if:

(a) a banning order against the individual is in force; and

(b) the individual engages in conduct; and

which the order is subject.

Civil penalty:

1,000 penalty units.

(2) A corporation contravenes this subsection if:

(a) the corporation is an approved provider; and

(b) an individual is an aged care worker, or a governing person,

of the approved provider; and

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(d) the corporation fails to take reasonable steps to ensure that

the individual does not engage in conduct that breaches the

banning order or a condition to which the order is subject.

Civil penalty:

1,000 penalty units.

74GE Notice of intention to make a banning order

(1) Before the Commissioner makes a banning order against an

individual, the Commissioner must, by written notice, notify the

individual that the Commissioner is considering making the order.

(2) Subsection (1) does not apply if the Commissioner reasonably

believes that there is an immediate and severe risk to the safety,

health or well-being of one or more care recipients if the banning

order is not made against the individual.

(3) The notice must:

(a) set out the reasons why the Commissioner is considering

making the banning order against the individual; and

(b) invite the individual to make submissions, in writing, to the

Commissioner in relation to the matter within 14 days after

receiving the notice; and

considering any submissions made by the individual, make

the banning order against the individual.

(4) The Commissioner must consider any submissions made by the

individual in accordance with the notice.

74GF Variation or revocation of a banning order etc. on the

Commissioner's own initiative

(1) The Commissioner may, on the Commissioner's own initiative,

vary or revoke a banning order made against an individual if the

Commissioner is satisfied that it is appropriate to do so.

(2) Without limiting subsection (1), the Commissioner may in varying

a banning order do either or both of the following:

(a) vary, or revoke, a condition to which the order is subject;

Code of conduct and banning orders

Schedule 3

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

(b) specify one or more new conditions to which the order is to

be subject.

(3) If the Commissioner decides to vary or revoke a banning order

made against the individual, the Commissioner must, as soon as is

practicable, give the individual a written notice that:

(a) sets out the decision; and

(b) sets out the reasons for the decision; and

effect; and

(d) if a condition to which the order is subject is varied--sets out

the condition as varied; and

(e) specifies any conditions to which the order is subject that

have been revoked; and

(f) specifies any new conditions to which the order is to be

subject; and

(g) states how the individual may apply for reconsideration of

the decision.

(4) If the Commissioner gives a notice under subsection (3) to an

individual who is an aged care worker, or a governing person, of an

approved provider, the Commissioner must, as soon as is

practicable, give the provider a copy of the notice.

(5) A variation or revocation of a banning order is not a legislative

instrument.

74GG Variation or revocation of a banning order on application

made by an individual

Application for variation or revocation

(1) If a banning order has been made against an individual, the

individual may apply to the Commissioner for the order to be

varied or revoked.

Note:

See section 74GH for the variation or revocation of a condition to

which a banning order is subject.

(2) The application must:

(a) be made in writing; and

Schedule 3

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Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

(b) be in a form approved by the Commissioner; and

by the Commissioner.

Variation or revocation of banning order

(3) If an application is made under subsection (1) for the variation or

revocation of a banning order made against an individual, the

Commissioner may vary or revoke the order if satisfied it is

appropriate to do so.

Notice of intention not to vary or revoke banning order

(4) If the Commissioner proposes not to vary or revoke the banning

order, the Commissioner must give the individual a written notice

that:

(a) sets out the reasons why the Commissioner is proposing not

to vary or revoke the order; and

(b) invites the individual to make submissions, in writing, to the

Commissioner in relation to the matter within:

(i) 14 days after receiving the notice; or

(ii) if a shorter period is specified in the notice--that shorter

period; and

considering any submissions made by the individual, decide

not to vary or revoke the order.

(5) The Commissioner must consider any submissions made by the

individual in accordance with the notice.

Notice of decision

(6) If the Commissioner decides to vary or revoke the banning order,

the Commissioner must, as soon as is practicable, give the

individual a written notice that:

(a) sets out the decision; and

(b) sets out the reasons for the decision; and

effect; and

Code of conduct and banning orders

Schedule 3

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Response) Bill 2022

(d) states how the individual may apply for reconsideration of

the decision.

(7) If the Commissioner decides not to vary or revoke the banning

order, the Commissioner must, as soon as is practicable, give the

individual a written notice that:

(a) sets out the decision; and

(b) sets out the reasons for the decision; and

the decision.

Other

(8) A variation or revocation of a banning order is not a legislative

instrument.

74GH Variation or revocation of a condition to which a banning

order is subject on application made by an individual

Application for variation or revocation of condition

(1) If a banning order has been made against an individual, the

individual may apply to the Commissioner for a condition to which

the order is subject to be varied or revoked.

(2) The application must:

(a) be made in writing; and

(b) be in a form approved by the Commissioner; and

by the Commissioner.

Variation or revocation of condition etc.

(3) If an application is made under subsection (1) for the variation or

revocation of a condition to which a banning order made against an

individual is subject, the Commissioner may do either or both of

the following things if satisfied it is appropriate to do so:

(a) vary or revoke the condition;

(b) specify one or more new conditions to which the order is to

be subject.

Schedule 3

Code of conduct and banning orders

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

Notice of intention not to vary or revoke condition etc.

(4) If the Commissioner proposes not to vary or revoke the condition

to which the banning order is subject, or proposes to specify one or

more new conditions to which the order is to be subject, the

Commissioner must give the individual a written notice that:

(a) sets out the reasons why the Commissioner is proposing not

to vary or revoke the condition or is proposing to specify

those new conditions; and

(b) invites the individual to make submissions, in writing, to the

Commissioner in relation to the matter within:

(i) 14 days after receiving the notice; or

(ii) if a shorter period is specified in the notice--that shorter

period; and

considering any submissions made by the individual, decide

not to vary or revoke the condition or to specify those new

conditions.

(5) The Commissioner must consider any submissions made by the

individual in accordance with the notice.

Notice of decision

(6) If the Commissioner decides to do either or both of the things

mentioned in subsection (3) in relation to the banning order, the

Commissioner must, as soon as is practicable, give the individual a

written notice that:

(a) sets out the decision; and

(b) sets out the reasons for the decision; and

the condition as varied and specifies the day on which the

variation takes effect; and

(d) if a condition to which the order is subject is revoked--

specifies the day on which the revocation takes effect; and

(e) specifies any new conditions to which the order is to be

subject and when they take effect; and

(f) states how the individual may apply for reconsideration of

the decision.

Code of conduct and banning orders

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No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

(7) If the Commissioner decides not to do either of the things

mentioned in subsection (3) in relation to the banning order, the

Commissioner must, as soon as is practicable, give the individual a

written notice that:

(a) sets out the decision; and

(b) sets out the reasons for the decision; and

the decision.

Other

(8) A variation or revocation of a banning order is not a legislative

instrument.

74GI Register of banning orders

(1) The Commissioner must establish and maintain a register that

includes the following information in relation to each individual

against whom a banning order has been made at any time:

(a) the name of the individual;

(b) the individual's ABN (if any);

(including any conditions to which the order is subject);

(d) if an application has been made under subsection 74GG(1)

for the revocation of the banning order, and the application

has not been finally determined--a statement to that effect;

(e) if a request has been made under subsection 74K(1) for the

reconsideration of a decision to make the banning order or

not to revoke the banning order, and a reconsideration

decision has not yet been made--a statement to that effect;

(f) if a decision has been made under subsection 74M(1) to

reconsider a decision to make the banning order or not to

revoke the banning order, and a reconsideration decision has

not yet been made--a statement to that effect;

(g) if an application has been made to the Administrative

Appeals Tribunal for review of a reconsideration decision

that relates to a decision to make the banning order or not to

revoke the banning order, and the application has not been

finally determined--a statement to that effect;

Schedule 3

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(h) any other information specified in the rules.

(2) Subsection (1) applies in relation to a banning order even if the

banning order is no longer in force.

(3) Despite subsection (2), subsection (1) does not apply in relation to

a banning order that is no longer in force because:

(a) the banning order has been revoked under section 74GG; or

(b) the decision to make the banning order has been set aside on

reconsideration under Part 8B or on review.

(4) The Commissioner must ensure that the register is kept up-to-date.

(5) The register may be kept in any form that the Commissioner

considers appropriate.

(6) The rules must make provision for, or in relation to, the correction

of information that is included in the register, including how an

individual may access information about the individual that is

included in the register and seek the correction of such

information.

(7) The rules may make provision for, or in relation to, the following

matters:

(a) making the register, in whole or in part, publicly available;

(b) making specified information that is included in the register

publicly available;

the register.

27 Section 74J (after table item 6)

Add:

A decision to make a banning order against an

individual

The individual

A decision under section 74GF to vary a

banning order made against an individual

The individual

A decision under section 74GG not to vary or

revoke a banning order made against an

individual

The individual

A decision under section 74GH not to vary or

revoke a condition to which a banning order

The individual

Schedule 4

Extension of incident management and reporting etc.

Part 1

Main amendments

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

Schedule 4--Extension of incident

management and reporting etc.

Part 1--Main amendments

Aged Care Act 1997

1 Paragraph 54-1(1)(e)

Omit "if the type of aged care is residential care or flexible care

provided in a residential setting--".

2 Subsection 54-3(2)

Omit "residential care, or flexible care provided in a residential setting,

to a

residential", substitute "

aged care to a".

3 Paragraphs 54-3(2)(a) to (h)

Omit "residential care recipient", substitute "care recipient".

4 Subsection 54-3(3)

Repeal the subsection.

5 Paragraph 54-3(5)(a)

Omit "

residential".

6 Paragraph 54-3(5)(b)

Omit "residential".

7 Paragraphs 54-3(7)(a) and 54-4(1)(d)

Omit "

residential".

8 Clause 1 of Schedule 1 (definition of residential care

recipient)

Repeal the definition.

Extension of incident management and reporting etc.

Schedule 4

Main amendments

Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

9 Application provision

The amendments of the

Aged Care Act 1997

made by this Part apply in

relation to an incident that occurs, is alleged to have occurred or is

suspected of having occurred on or after 1 December 2022.

Schedule 4

Extension of incident management and reporting etc.

Part 2

Other amendments

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

Part 2--Other amendments

Aged Care Quality and Safety Commission Act 2018

10 Section 7 (definition of reportable incident)

Repeal the definition, substitute:

reportable incident

means:

(a) for an approved provider--a reportable incident within the

meaning of the Aged Care Act; or

(b) for a service provider of a Commonwealth-funded aged care

service--an incident that is a reportable incident under the

funding agreement that relates to the service.

11 Subsection 21(7)

Omit "reportable incidents", substitute "a reportable incident for an

approved provider".

12 Paragraph 21(7)(a)

Omit "a reportable incident, which may include requiring an", substitute

"such a reportable incident, which may include requiring the".

13 Paragraphs 21(7)(b) and (c)

Before "a reportable", insert "such".

14 At the end of the section 21

Add:

(8) Without limiting subsection (1), the rules may make provision for,

or in relation to, how the Commissioner deals with a reportable

incident for a service provider of a Commonwealth-funded aged

care service, including in relation to one or more of the following:

(a) action that may be taken by the Commissioner in dealing

with such a reportable incident, which may include requiring

the service provider to do something;

Extension of incident management and reporting etc.

Schedule 4

Other amendments

Part 2

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

(b) the circumstances in which the Commissioner may authorise

or carry out an inquiry in relation to such a reportable

incident on the Commissioner's own initiative;

reportable incident may be dealt with.

15 At the end of Part 7

Add:

Division 5--Other matters

63AA Authorisations for the purposes of the Privacy Act 1988

(1) A collection of sensitive information (within the meaning of the

Privacy Act 1988

) is taken to be authorised by this Act for the

purposes of paragraph 3.4(a) of Australian Privacy Principle 3 if:

(a) the information is collected by a service provider of a

Commonwealth-funded aged care service; and

(b) the service provider has a responsibility under the funding

agreement that relates to that service to manage and report

incidents, and to take reasonable steps to prevent incidents, in

accordance with that agreement; and

with that responsibility.

(2) A use or disclosure of personal information (within the meaning of

the

Privacy Act 1988

) is taken to be authorised by this Act for the

purposes of paragraph 6.2(b) of Australian Privacy Principle 6 if:

(a) the use or disclosure is by a service provider of a

Commonwealth-funded aged care service; and

(b) the service provider has a responsibility under the funding

agreement that relates to that service to manage and report

incidents, and to take reasonable steps to prevent incidents, in

accordance with that agreement; and

that responsibility.

Schedule 4

Extension of incident management and reporting etc.

Part 2

Other amendments

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

16 Application provisions

(1)

Subsection 21(8) of the

Aged Care Quality and Safety Commission Act

2018

, as inserted by this Part, applies in relation to a reportable incident

notified after the commencement of this item.

(2)

Section 63AA of the

Aged Care Quality and Safety Commission Act

2018

, as inserted by this Part, applies in relation to a collection, use or

disclosure of information that occurs after the commencement of this

item.

Governance of approved providers etc.

Schedule 5

Amendments

Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

Schedule 5--Governance of approved

providers etc.

Part 1--Amendments

Aged Care Act 1997

1 Section 6-1

Omit "sets out offences relating to disqualified individuals and",

substitute "deals with the

key personnel of approved providers and sets

out".

2 Section 9-1 (heading)

Repeal the heading, substitute:

9-1 Obligation to notify of a change of circumstances that materially

affects the suitability of an approved provider

3 Subsection 9-1(1)

Omit "28 days", substitute "14 days".

4 Subsection 9-1(3A)

Repeal the subsection.

5 Subsection 9-1(4)

Omit "28 day", substitute "14 day".

6 After section 9-1

Insert:

9-2A Obligation to notify of the occurrence of certain events relating

to key personnel of an approved provider

(1) An approved provider must notify the

Quality and Safety

Commissioner if any of the following events occurs:

(a) an individual becomes one of the

key personnel of the

provider;

Schedule 5

Governance of approved providers etc.

Part 1

Amendments

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

(b) an individual ceases to be one of the key personnel of the

provider;

that relates to a

suitability matter in relation to an individual

who is one of the key personnel of the provider.

Note:

Approved providers have a responsibility under Part 4.3 to comply

with this obligation. Failure to comply with a responsibility can result

in a sanction being imposed under Part 7B of the

Quality and Safety

Commission Act.

(2) The notification must:

(a) be given within 14 days after the event occurs; and

(b) be in the form approved by the

Quality and Safety

Commissioner; and

paragraph (1)(a)--state:

(i) whether the approved provider has considered the

suitability matters in relation to the individual; and

(ii) whether, after considering those matters, the provider is

reasonably satisfied that the individual is suitable to be

involved in the provision of

aged care; and

(d) if the notification relates to an event of a kind referred to in

paragraph (1)(b)--set out the reasons the individual ceased to

be one of the

key personnel of the approved provider; and

(e) if the notification relates to an event of a kind referred to in

paragraph (1)(c)--set out:

(i) details of the change of circumstances that relates to a

suitability matter in relation to the individual; and

(ii) whether the approved provider has considered the

suitability matters in relation to the individual; and

(iii) whether, after considering those matters, the approved

provider is reasonably satisfied that the individual

continues to be suitable to be involved in the provision

of aged care; and

(iv) what, if any, action the provider has taken, or proposes

to take, in relation to the individual.

(3) A

corporation commits an offence of strict liability if:

(a) the corporation is an approved provider; and

Governance of approved providers etc.

Schedule 5

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Part 1

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Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

(b) the corporation fails to comply with subsection (1).

Penalty: 30 penalty units.

7 Section 9-2 (heading)

After "

status

", insert "

etc.

8 After subsection 9-2(1)

Insert:

(1A) The

Quality and Safety Commissioner may, at any time, request

an approved provider to give the Commissioner such information,

relevant to the suitability of an individual who is one of the

key

personnel of the provider to be involved in the provision of

aged

care, as is specified in the request. The request must be in writing.

9 Subsections 9-2(2) and (3)

Omit "with the request", substitute "with a request made under

subsection (1) or (1A)".

10 Subsection 9-2(4)

Omit "The request", substitute "A request made under subsection (1) or

(1A)".

11 Division 10A (heading)

Repeal the heading, substitute:

Division 10A--Key personnel of approved providers

12 Section 10A-2

Repeal the section, substitute:

10A-1 Key personnel of an approved provider must notify of change

of circumstances relating to suitability

(1) If:

(a) an individual is one of the

key personnel of an approved

provider; and

(b) the provider is a

corporation; and

Schedule 5

Governance of approved providers etc.

Part 1

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Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

that relates to a

suitability matter in relation to the

individual;

the individual must notify the provider of the change.

(2) The notification must:

(a) be given in writing; and

(b) be given within 14 days after the individual becomes aware

of the change of circumstances; and

to a

suitability matter in relation to the individual.

(3) An individual commits an offence of strict liability if:

(a) the individual is one of the

key personnel of an approved

provider; and

(b) the provider is a

corporation; and

Penalty: 30 penalty units.

10A-2 Determination relating to suitability of key personnel of an

approved provider

Determination relating to suitability of key personnel

(1) If an approved provider is a

corporation, the

Quality and Safety

Commissioner may, at any time, determine that an individual who

is one of the

key personnel of the provider is not suitable to be

involved in the provision of

aged care.

(2) In deciding whether to make the determination under

subsection (1), the

Quality and Safety Commissioner must

consider the

suitability matters in relation to the individual.

(3) Subsection (2) does not limit the matters the

Quality and Safety

Commissioner may consider in deciding whether to make the

determination under subsection (1) in relation the individual.

Governance of approved providers etc.

Schedule 5

Amendments

Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

Notice of intention to make determination

(4) Before the

Quality and Safety Commissioner makes the

determination in relation to an individual who is one of the

key

personnel of the approved provider, the Commissioner must, by

written notice, notify the individual and the provider that the

Commissioner is considering making such a determination.

(5) The notice must:

(a) set out the reasons why the

Quality and Safety

Commissioner is considering making the determination in

relation to an individual who is one of the

key personnel of

the approved provider; and

(b) invite the individual and the provider to make submissions, in

writing, to the Commissioner in relation to the matter within:

(i) 14 days after receiving the notice; or

(ii) if a shorter period is specified in the notice--that shorter

period; and

may, after considering any submissions made by them,

decide to make the determination.

(6) The

Quality and Safety Commissioner must consider any

submissions made by the individual and the approved provider in

accordance with the notice.

Notice of determination

(7) If the

Quality and Safety Commissioner decides to make the

determination in relation to an individual who is one of the

key

personnel of the approved provider, the Commissioner must,

within 14 days after making the decision, give the individual and

the provider a written notice that:

(a) sets out the decision; and

(b) sets out the reasons for the decision; and

specified action to ensure that the individual ceases to be one

of the key personnel of the provider; and

(d) sets out the effect of sections 10A-2A and 10A-3.

Schedule 5

Governance of approved providers etc.

Part 1

Amendments

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

Note:

The approved provider may request the

Quality and Safety

Commissioner to reconsider the decision under Part 8B of the

Quality and Safety Commission Act.

10A-2A Offence relating to failure to take action as required by

determination

corporation commits an offence if:

(a) the corporation is an approved provider; and

(b) the

Quality and Safety Commissioner makes a determination

under subsection 10A-2(1) in relation to an individual who is

one of the

key personnel of the corporation; and

of the determination within the period specified in that

notice.

Note:

Section 4K of the

Crimes Act 1914

, which deals with continuing and

multiple offences, applies to this offence.

Penalty: 300 penalty units.

10A-2B Offence relating to failure to comply with responsibility to

consider suitability matters relating to key personnel

corporation commits an offence if:

(a) the corporation is an approved provider; and

(b) the corporation fails to comply with the responsibility under

subparagraph 63-1A(a)(i).

Penalty: 300 penalty units.

13 Paragraphs 10A-3(1)(a) to (c)

Repeal the paragraphs, substitute:

(a) the

Quality and Safety Commissioner makes a determination

under subsection 10A-2(1) in relation to an individual who is

one of the

key personnel of an approved provider; and

(b) the provider fails to take the action specified in the notice of

the determination within the period specified in that notice.

Governance of approved providers etc.

Schedule 5

Amendments

Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

14 Section 53-1

Omit "basic".

15 Section 63-1A

Repeal the section, substitute:

63-1A Responsibilities relating to the suitability of key personnel of

an approved provider

The responsibilities of an approved provider in relation to an

individual who is one of the

key personnel of the provider are as

follows:

(a) at least once every 12 months, the provider must:

(i) consider the

suitability matters in relation to the

individual in accordance with any requirements

specified in the Accountability Principles; and

(ii) be reasonably satisfied that the individual is suitable to

be involved in the provision of

aged care;

(b) the provider must keep a record of those matters that

complies with any requirements specified in the

Accountability Principles;

Accountability Principles.

Note:

If an approved provider fails to comply with the responsibility in

subparagraph (a)(i), the provider may commit an offence (see

section 10A-2B).

16 After section 63-1C

Insert:

63-1D Responsibilities of certain approved providers relating to

their governing bodies etc.

(1) This section sets out certain responsibilities of an approved

provider that is a person or body other than:

(a) a State or Territory; and

(b) a

State or Territory authority; and

local government authority.

Schedule 5

Governance of approved providers etc.

Part 1

Amendments

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

Membership of governing body

(2) Subject to subsections (3), (4) and (5), the approved provider must

ensure that:

(a) a majority of the members of the

governing body of the

provider are independent non-executive members; and

(b) at least one member of the governing body of the provider

has experience in the provision of clinical care.

(3) Subsection (2) does not apply in relation to an approved provider at

a particular time if both of the following apply at that time:

(a) the

governing body of the provider has fewer than 5

members;

(b) the provider provides

aged care through one or more

aged

care services to fewer than 40 care recipients.

(4) Subsection (2) does not apply in relation to an approved provider at

a particular time if, at that time, the provider is a kind of body that

is known as an Aboriginal Community Controlled Organisation.

(5) Paragraph (2)(a) or (b) does not apply in relation to an approved

provider at a particular time if a determination under section 63-1E

that the responsibility set out in that paragraph does not apply in

relation to the provider is in force at that time.

Advisory bodies

(6) The approved provider must:

(a) establish, and continue in existence, a body (the

quality care

advisory body

) that:

(i) complies with the requirements about membership

specified in the Accountability Principles; and

(ii) is required, at least once every 6 months, to give the

governing body of the provider a written report about

the quality of the

aged care that the provider provides

through an

aged care service; and

(iii) is able, at any time, to give feedback to the governing

body of the provider about the quality of the aged care

that the provider provides through an aged care service;

and

Governance of approved providers etc.

Schedule 5

Amendments

Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

(b) require the governing body of the provider:

(i) to consider such a report, or any such feedback, when

making decisions in relation to the quality of the aged

care provided through the aged care service; and

(ii) to advise, in writing, the quality care advisory body how

the governing body considered such a report or any such

feedback.

(7) A report given under subparagraph (6)(a)(ii) must comply with any

requirements specified in the Accountability Principles.

(8) The approved provider must, if requested to do so by the quality

care advisory body, give the body information about the quality of

the

aged care that the provider provides through an

aged care

service.

(9) The approved provider must:

(a) offer, at least once every 12 months, care recipients and their

representatives the opportunity to establish one or more

bodies (the

consumer advisory bodies

) to give the

governing body of the provider feedback about the quality

of the

aged care that the provider provides to the care

recipients through an

aged care service; and

(b) if one or more consumer advisory bodies are established--

require the governing body of the provider:

(i) to consider any such feedback given by the body or

bodies when making decisions in relation to the quality

of the aged care provided through the aged care service;

and

(ii) to advise, in writing, the body or bodies how the

governing body considered any such feedback.

(10) The offer under paragraph (9)(a) must be made in writing.

Staff members

(11) The approved provider must require the

governing body of the

provider to ensure that the

staff members of the provider:

(a) have appropriate qualifications, skills or experience to

provide the care or other services that the provider provides

to care recipients through an

aged care service; and

Schedule 5

Governance of approved providers etc.

Part 1

Amendments

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

(b) are given opportunities to develop their capability to provide

that care or those other services.

63-1E Determination that certain responsibilities relating to the

governing body of an approved provider do not apply

Application for determination

(1) An approved provider may apply to the

Quality and Safety

Commissioner for a determination that either or both of the

following responsibilities (the

governance responsibilities

) do not

apply in relation to the provider:

(a) the responsibility set out in paragraph 63-1D(2)(a);

(b) the responsibility set out in paragraph 63-1D(2)(b).

(2) The application must:

(a) be made in writing; and

(b) be in a form approved by the

Quality and Safety

Commissioner; and

by the Commissioner; and

(d) be accompanied by any fee specified by the Commissioner.

Making of determination

(3) If an approved provider makes an application under subsection (1),

the

Quality and Safety Commissioner may determine that either or

both of the governance responsibilities do not apply in relation to

the provider if the Commissioner is satisfied that it is reasonable to

do so.

(4) In deciding whether to make the determination in relation to the

approved provider, the

Quality and Safety Commissioner may

take into account the following matters:

(a) the number of

aged care services through which the provider

provides

aged care;

(b) the number of care recipients who are provided with aged

care through those services;

(d) the annual turnover in the provider's

key personnel;

Governance of approved providers etc.

Schedule 5

Amendments

Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

(e) the membership of the

governing body of the provider;

(f) any arrangements that the provider has made, or proposes to

make, to assist:

(i) the members of the governing body of the provider to

act objectively and independently in the best interests of

the provider; or

(ii) the governing body of the provider to seek, when it

considers it necessary to do so, advice from a person

with experience in the provision of clinical care;

(g) any other matter specified in the Accountability Principles.

Notice of determination etc.

(5) If the

Quality and Safety Commissioner decides to make the

determination in relation to the approved provider, the

Commissioner must give the provider written notice of the

following:

(a) the making of the determination;

(b) the governance responsibility to which the determination

relates;

Note:

The determination may remain in force for a period specified by the

Quality and Safety Commissioner or until it is revoked under

section 63-1F.

(6) If the

Quality and Safety Commissioner decides not to make the

determination in relation to the approved provider, the

Commissioner must give the provider written notice of the

following:

(a) the decision;

(b) the reasons for the decision;

decision.

Note:

See Part 8B of the

Quality and Safety Commission Act for the

reconsideration of a decision not to make the determination.

Schedule 5

Governance of approved providers etc.

Part 1

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Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

63-1F Variation or revocation of determination on the Quality and

Safety Commissioner's own initiative

(1) The

Quality and Safety Commissioner may, on the

Commissioner's own initiative, vary or revoke a determination

made under subsection 63-1E(3) in relation to an approved

provider if the Commissioner is satisfied it is appropriate to do so.

(2) If the

Quality and Safety Commissioner decides to vary or revoke

the determination in relation to the approved provider, the

Commissioner must, as soon as is practicable, give the provider a

written notice that:

(a) sets out the decision; and

(b) sets out the reasons for the decision; and

effect; and

(d) states how the person may apply for reconsideration of the

decision.

Note:

See Part 8B of the

Quality and Safety Commission Act for the

reconsideration of a decision to vary or revoke the determination.

63-1G Responsibility relating to the giving of information relating to

reporting periods

(1) It is a responsibility of an approved provider to give the Secretary

information relating to a

reporting period for the provider that is

information of a kind specified in the Accountability Principles.

(2) The information must be given within 4 months after the end of the

reporting period for the approved provider.

(3) The

reporting period

for an approved provider is

(a) the period of 12 months starting on 1 July of a year; or

(b) another 12 month period that starts on the first day of a

month of a year that is determined for the provider by the

Secretary in accordance with the Accountability Principles.

(4) Without limiting paragraph (3)(b), the day determined for the

provider by the Secretary under that paragraph may be a day before

the commencement of this section.

Governance of approved providers etc.

Schedule 5

Amendments

Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

63-1H Responsibility relating to constitution of approved providers

that are wholly-owned subsidiary corporations

Corporations under the Corporations Act 2001

(1) If:

(a) an approved provider is a body corporate incorporated, or

taken to be incorporated, under the

Corporations Act 2001

;

and

(b) the provider has a constitution (within the meaning of that

Act); and

meaning of that Act) of another body corporate (the

holding

company

); and

(d) the holding company is not an approved provider;

it is a responsibility of the approved provider to ensure that the

constitution of the provider does not authorise a director of the

provider to act in good faith in the best interests of the holding

company.

Aboriginal and Torres Strait Islander corporations

(2) If:

(a) an approved provider is an Aboriginal and Torres Strait

Islander corporation (within the meaning of the

Corporations

(Aboriginal and Torres Strait Islander) Act 2006

); and

(b) the provider is a wholly-owned subsidiary (within the

meaning of that Act) of another body corporate (the

holding

company

); and

it is a responsibility of the approved provider to ensure that the

constitution of the provider does not authorise a director of the

provider to act in good faith in the best interests of the holding

company.

17 Clause 1 of Schedule 1 (definition of disqualified

individual)

Repeal the definition.

Schedule 5

Governance of approved providers etc.

Part 1

Amendments

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

18 Clause 1 of Schedule 1

Insert:

governing body

of an approved provider means:

(a) if the provider is a body corporate incorporated, or taken to

be incorporated, under the

Corporations Act 2001

--the board

of directors of the provider; or

(b) otherwise--the group of persons responsible for the

executive decisions of the provider.

local government authority

has the same meaning as in the

Quality and Safety Commission Act.

reporting period

for an approved provider has the meaning given

by subsection 63-1G(3).

State or Territory authority

has the same meaning as in the

Quality and Safety Commission Act.

suitability matter

in relation to an individual has the same meaning

as in the

Quality and Safety Commission Act.

Aged Care Quality and Safety Commission Act 2018

19 Section 7

Insert:

civil penalty order

has the same meaning as in the Regulatory

Powers Act.

20 Section 7 (definition of compliance notice)

Omit "subsection 74EE(1) or (1A)", substitute "section 74EE".

21 Section 7 (definition of disqualified individual)

Repeal the definition.

22 Section 7 (paragraph (a) of the definition of eligible

adviser)

Repeal the paragraph.

Governance of approved providers etc.

Schedule 5

Amendments

Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

23 Section 7

Insert:

NDIS banning order

means a banning order made under

section 73ZN of the

National Disability Insurance Scheme Act

2013

suitability matters

in relation to an individual has the meaning

given by section 8C.

24 Section 8A

Repeal the section.

25 After section 8B

Insert:

8C Meaning of suitability matters in relation to an individual

(1) Each of the following matters is a

suitability matter

in relation to

an individual:

(a) the individual's experience in providing, at any time, aged

care or other relevant forms of care;

(b) whether a NDIS banning order against the individual is, or

has at any time been, in force;

indictable offence;

(d) whether a civil penalty order against the individual has been

made at any time;

(e) whether the individual is, or has at any time been, an

insolvent under administration;

(f) whether the individual is or has at any time been the subject

of adverse findings or enforcement action by any of the

following:

(i) a Department of the Commonwealth or of a State or

Territory;

(ii) the Australian Securities and Investments Commission;

(iii) the Australian Charities and Not-for-profits

Commission;

(iv) the Australian Competition and Consumer Commission;

Schedule 5

Governance of approved providers etc.

Part 1

Amendments

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

(v) the Australian Prudential Regulation Authority;

(vi) the Australian Crime Commission;

(vii) AUSTRAC;

(viii) another body established for a public purpose by or

under a law of the Commonwealth;

(ix) a State or Territory authority (including, but not limited

to, a body that is equivalent to a body mentioned in

subparagraphs (ii) to (vii));

(x) a local government authority;

(g) whether the individual:

(i) is, or has at any time been, the subject of any findings or

judgment in relation to fraud, misrepresentation or

dishonesty in any administrative, civil or criminal

proceedings; or

(ii) is currently party to any proceedings that may result in

the individual being the subject of such findings or

judgment;

(h) whether the individual is, or has at any time been,

disqualified from managing corporations under Part 2D.6 of

the

Corporations Act 2001

;

(i) any other matter specified in the rules.

(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).

26 Paragraph 63D(2)(c)

Repeal the paragraph, substitute:

is suitable to be involved in the provision of aged care.

27 After paragraph 63D(3)(e)

Insert:

(ea) whether the person has at any time been convicted of an

indictable offence;

Governance of approved providers etc.

Schedule 5

Amendments

Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

(eb) whether a civil penalty order against the person has been

made at any time;

28 At the end of section 63D

Add:

Suitability of key personnel

(7) In deciding whether an individual who is one of the key personnel

of the applicant is suitable to be involved in the provision of aged

care, the Commissioner must consider the suitability matters in

relation to the individual.

(8) Subsection (7) does not limit the matters the Commissioner may

consider in deciding the matter mentioned in that subsection.

29 After paragraph 63J(3)(e)

Insert:

(ea) whether the entity has at any time been convicted of an

indictable offence;

(eb) whether a civil penalty order against the entity has been made

at any time;

30 Section

74A (paragraph beginning "The Commissioner

may give")

Omit "the provider's responsibilities under paragraph 54-1(1)(e) or (f)

of the Aged Care Act", substitute "certain aged care responsibilities".

31 After subsection 74EE(1A)

Insert:

Information relating to reporting period

(1B) The Commissioner may give to an approved provider a written

notice if the Commissioner:

(a) is satisfied that the approved provider is not complying with

the provider's responsibility under section 63-1G of the Aged

Care Act; or

(b) is aware of information that suggests that the approved

provider may not be complying with that responsibility.

Schedule 5

Governance of approved providers etc.

Part 1

Amendments

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

32 Section 74J (table item 6, column 1)

Omit "subsection 74EE(1) or (1A)", substitute "section 74EE".

33 Section 74J (at the end of the table)

Add:

A decision to make a determination under

subsection 10A-2(1) of the Aged Care Act in

relation to an individual who is one of the key

personnel of an approved provider

The individual or

approved provider

A decision not to make a determination under

subsection 63-1E(3) of the Aged Care Act in

relation to an approved provider

The approved provider

A decision under subsection 63-1F(1) of the

Aged Care Act to vary or revoke a

determination made under subsection 63-1E(3)

in relation to an approved provider

The approved provider

Governance of approved providers etc.

Schedule 5

Application and transitional provisions

Part 2

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

Part 2--Application and transitional provisions

34 Definitions

In this Part:

Aged Care Act

means the

Aged Care Act 1997

commencement day

means 1 December 2022.

Commission Act

means the

Aged Care Quality and Safety Commission

Act 2018

35 Application

--notification of change of circumstances

The amendments of section 9-1 of the Aged Care Act made by Part 1 of

this Schedule apply in relation to a change of circumstances that occurs

on or after the commencement day.

36 Application

--responsibilities of approved providers

relating to their governing bodies etc.

Existing approved providers

(1)

If a person is an approved provider immediately before the

commencement day, section 63-1D of the Aged Care Act, as inserted by

Part 1 of this Schedule, applies in relation to the person on and after

1 December 2023.

New approved providers

(2)

If a person becomes an approved provider on or after the

commencement day, section 63-1D of the Aged Care Act, as inserted by

Part 1 of this Schedule, applies in relation to the person on and after the

day the person becomes an approved provider.

37 Application

--responsibility relating to the giving of

information relating to reporting periods

Section 63-1G of the Aged Care Act, as inserted by Part 1 of this

Schedule, applies in relation to:

(a) if paragraph 63-1G(3)(a) applies in relation to the provider--

the reporting period for the provider that starts on 1 July

2022 and each later reporting period for the provider; or

Schedule 5

Governance of approved providers etc.

Part 2

Application and transitional provisions

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

(b) if paragraph 63-1G(3)(b) applies in relation to the provider--

the reporting period that starts on the first day determined for

the provider under that paragraph and each later reporting

period for the provider.

38 Application

--responsibilities relating to constitution of

certain approved providers

Existing approved providers

(1)

If a person is an approved provider immediately before the

commencement day, section 63-1H of the Aged Care Act, as inserted by

Part 1 of this Schedule, applies in relation to the person on and after

1 December 2023.

New approved providers

(2)

If a person becomes an approved provider on or after the

commencement day, section 63-1H of the Aged Care Act, as inserted by

Part 1 of this Schedule, applies in relation to the person on and after the

day the person becomes an approved provider.

39 Application

--new applications for approval of person as

provider of aged care

The amendments of section 63D of the Commission Act made by Part 1

of this Schedule apply in relation to an application that is made on or

after the commencement day.

40 Transitional

--pending applications for approval of a

person as provider of aged care

(1)

This item applies in relation to an application made under

subsection 63B(1) of the Commission Act if:

(a) the application was made before the commencement day; and

(b) immediately before that day, the Commissioner has not made

a decision on the application.

(2)

Section 63D of the Commission Act, as in force immediately before the

commencement day, continues to apply in relation to the application.

Governance of approved providers etc.

Schedule 5

Application and transitional provisions

Part 2

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

41 Transitional rules

(1)

The Minister may, by legislative instrument, make rules prescribing

matters of a transitional nature (including prescribing any saving or

application provisions) relating to the amendment of section 10A-3 of

the Aged Care Act made by Part 1 of this Schedule.

(2)

To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated

Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Schedule.

(3)

This Part (other than subitem (2)) does not limit the rules that may be

made for the purposes of subitem (1).

Schedule 6

Information sharing

Part 1

Amendments

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

Schedule 6--Information sharing

Part 1--Amendments

Aged Care Act 1997

1 Before paragraph 86-3(1)(d)

Insert:

(cd) if the Secretary believes, on reasonable grounds, that the

information will assist in the performance of the functions, or

the exercise of the powers, of a receiving Commonwealth

body--to that body for the purposes of performing those

functions or exercising those powers; and

2 Subparagraph 86-3(1)(f)(i)

After "breaches", insert ", or may breach,".

3 At the end of section 86-3

Add:

(4) In this section:

receiving Commonwealth body

means any of the following:

(a) the Aged Care Quality and Safety Commission;

(b) the Military Rehabilitation and Compensation Commission;

Agency;

(d) the NDIS Quality and Safeguards Commission;

(e) the Repatriation Commission;

(f) the Department administered by the Minister administering

the

Disability Services Act 1986

;

(g) the Department administered by the Minister administering

the

Veterans' Entitlements Act 1986

;

(h) if:

(i) another Department of State, or another authority, of the

Commonwealth has regulatory, compliance or

enforcement functions in relation to the provision of

Information sharing

Schedule 6

Amendments

Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

care, support, treatment or other related services or

assistance (including care, support, treatment or other

related services or assistance provided through an

arrangement, including a contractual arrangement); and

(ii) the Department or authority is specified in the

Information Principles;

that Department or authority.

Aged Care Quality and Safety Commission Act 2018

4 At the end of Division 2 of Part 7

Add:

58A Additional purpose of NDIS worker screening database

It is also a purpose of the NDIS worker screening database under

subsection 181Y(3) of the

National Disability Insurance Scheme

Act 2013

to share information in that database with the following:

(a) the Commissioner, for the purpose of assisting in the

performance of the functions, or the exercise of the powers,

of the Commissioner;

(b) the Secretary, for the purpose of assisting in the performance

of the functions, or the exercise of the powers, of the

Secretary under the Aged Care Act.

5 After paragraph 61(1)(d)

Insert:

(da) if the Commissioner believes, on reasonable grounds, that the

information will assist in the performance of the functions, or

the exercise of the powers, of a receiving Commonwealth

body--to that body for the purposes of performing those

functions or exercising those powers; or

6 Subparagraph 61(1)(f)(i)

After "breaches", insert ", or may breach,".

7 After paragraph 61(1)(i)

Insert:

Schedule 6

Information sharing

Part 1

Amendments

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

(ia) if:

(i) under a law of a State or Territory, a person or body has

the function, or functions that include the function, of

dealing with complaints or information about the

provision of health or community services by a person

or body; and

(ii) the Commissioner believes, on reasonable grounds, that

the information will assist in the performance of that

function;

to the person or body for the purposes of performing that

function; or

(ib) if:

(i) a person or body performs functions or exercises powers

under, or for the purposes of, an NDIS worker screening

law (within the meaning of the

National Disability

Insurance Scheme Act 2013

); and

(ii) the Commissioner believes, on reasonable grounds, that

the information will assist in the performance of those

functions or the exercise of those powers;

to the person or body for the purposes of performing those

functions or exercising those powers; or

8 At the end of section 61

Add:

(3) In this section:

receiving Commonwealth body

means any of the following:

(a) the Military Rehabilitation and Compensation Commission;

(b) the National Disability Insurance Scheme Launch Transition

Agency;

(d) the Repatriation Commission;

(e) the Department administered by the Minister administering

the

Disability Services Act 1986

;

(f) the Department administered by the Minister administering

the

Veterans' Entitlements Act 1986

;

(g) if:

Information sharing

Schedule 6

Amendments

Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

(i) another Department of State, or another authority, of the

Commonwealth has regulatory, compliance or

enforcement functions in relation to the provision of

care, support, treatment or other related services or

assistance (including care, support, treatment or other

related services or assistance provided through an

arrangement, including a contractual arrangement); and

(ii) the Department or authority is prescribed in the rules;

that Department or authority.

Repatriation Commission

means the Repatriation Commission

continued in existence by section 179 of the

Veterans' Entitlements

Act 1986

Military Rehabilitation and Compensation Act 2004

9 Subsection 409(2) (after table item 2C)

Insert:

A receiving Commonwealth body

A purpose relating to the performance

of a function, or the exercise of a

power, by that body

10 After subsection 409(2)

Insert:

(2A) If:

(a) a person is entitled to treatment under Chapter 6 of this Act;

and

(b) the treatment is provided to the person through an

arrangement, including a contractual arrangement, with a

body that is not a corporate Commonwealth entity or a

non-corporate Commonwealth entity;

the Commission (or a staff member assisting the Commission) may

provide any information that relates to the provision of that

treatment:

(d) for a purpose relating to the performance of a function, or the

exercise of a power, by that body.

Schedule 6

Information sharing

Part 1

Amendments

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

11 Subsection 409(5)

Insert:

corporate Commonwealth entity

has the same meaning as in the

Public Governance, Performance and Accountability Act 2013

non-corporate Commonwealth entity

has the same meaning as in

the

Public Governance, Performance and Accountability Act 2013

receiving Commonwealth body

means any of the following:

(a) the Aged Care Quality and Safety Commission;

(b) the National Disability Insurance Scheme Launch Transition

Agency;

(d) the Repatriation Commission;

(e) the Department administered by the Minister administering

the

Aged Care Act 1997

;

(f) the Department administered by the Minister administering

the

Disability Services Act 1986

;

(g) the Department administered by the Minister administering

the

Veterans' Entitlements Act 1986

;

(h) if:

(i) another Department of State, or another authority, of the

Commonwealth has regulatory, compliance or

enforcement functions in relation to the provision of

care, support, treatment or other related services or

assistance (including care, support, treatment or other

related services or assistance provided through an

arrangement, including a contractual arrangement); and

(ii) the Department or authority is prescribed in the

regulations;

that Department or authority.

Safety, Rehabilitation and Compensation (Defence-related

Claims) Act 1988

12 Subsection 151A(1) (at the end of the table)

Add:

Information sharing

Schedule 6

Amendments

Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

A receiving Commonwealth body

A purpose relating to the performance

of a function, or the exercise of a

power, by that body

13 After subsection 151A(1B)

Insert:

(1C) If:

(a) a person who is, or was, an employee is entitled to

compensation for medical treatment under this Act; and

(b) the treatment is provided to the person through an

arrangement, including a contractual arrangement, with a

body that is not a corporate Commonwealth entity or a

non-corporate Commonwealth entity;

the MRCC (or a staff member assisting the MRCC) may provide

any information that relates to the provision of that treatment:

(d) for a purpose relating to the performance of a function, or the

exercise of a power, by that body.

14 Paragraphs 151A(2)(a) and (b)

Omit "or (1B)", substitute ", (1B) or (1C)".

15 Subsection 151A(4)

Insert:

corporate Commonwealth entity

has the same meaning as in the

Public Governance, Performance and Accountability Act 2013

non-corporate Commonwealth entity

has the same meaning as in

the

Public Governance, Performance and Accountability Act 2013

receiving Commonwealth body

means any of the following:

(a) the Aged Care Quality and Safety Commission;

(b) the National Disability Insurance Scheme Launch Transition

Agency;

(d) the Repatriation Commission;

Schedule 6

Information sharing

Part 1

Amendments

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

(e) the Department administered by the Minister administering

the

Aged Care Act 1997

;

(f) the Department administered by the Minister administering

the

Disability Services Act 1986

;

(g) the Department administered by the Minister administering

the

Veterans' Entitlements Act 1986

;

(h) if:

(i) another Department of State, or another authority, of the

Commonwealth has regulatory, compliance or

enforcement functions in relation to the provision of

care, support, treatment or other related services or

assistance (including care, support, treatment or other

related services or assistance provided through an

arrangement, including a contractual arrangement); and

(ii) the Department or authority is prescribed in the

regulations;

that Department or authority.

Veterans' Entitlements Act 1986

16 After subsection 130(2)

Insert:

(2A) If:

(a) an eligible person is entitled to treatment under Part V of this

Act; and

(b) the treatment is provided to the eligible person through an

arrangement, including a contractual arrangement, with a

body that is not a corporate Commonwealth entity or a

non-corporate Commonwealth entity;

the Secretary or another officer of the Department may provide any

information that relates to the provision of that treatment:

(d) for a purpose relating to the performance of a function, or the

exercise of a power, by that body.

17 Subsection 130(3)

After "subsection (2)", insert "or (2A)".

Information sharing

Schedule 6

Amendments

Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

18 Section 131

Insert:

corporate Commonwealth entity

has the same meaning as in the

Public Governance, Performance and Accountability Act 2013

eligible person

means a person eligible under section 85, 86, 88A

or 88B to be provided with treatment.

non-corporate Commonwealth entity

has the same meaning as in

the

Public Governance, Performance and Accountability Act 2013

receiving Commonwealth body

means any of the following:

(a) the Aged Care Quality and Safety Commission;

(b) the Commission;

(d) the National Disability Insurance Scheme Launch Transition

Agency;

(e) the NDIS Quality and Safeguards Commission;

(f) the Department administered by the Minister administering

the

Aged Care Act 1997

;

(g) the Department administered by the Minister administering

the

Disability Services Act 1986

;

(h) if:

(i) another Department of State, or another authority, of the

Commonwealth has regulatory, compliance or

enforcement functions in relation to the provision of

care, support, treatment or other related services or

assistance (including care, support, treatment or other

related services or assistance provided through an

arrangement, including a contractual arrangement); and

(ii) the Department or authority is prescribed in the

regulations;

that Department or authority.

Schedule 6

Information sharing

Part 2

Application provisions

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

Part 2--Application provisions

19 Application

--disclosure or provision of information

(1)

The amendments of the

Aged Care Act 1997

made by this Schedule

apply in relation to the disclosure of information on or after the

commencement of this item, whether the information was obtained

before, on or after that commencement.

(2)

The amendments of section 61 of the

Aged Care Quality and Safety

Commission Act 2018

made by this Schedule apply in relation to the

disclosure of information on or after the commencement of this item,

whether the information was obtained before, on or after that

commencement.

(3)

The amendments of the

Military Rehabilitation and Compensation Act

2004

made by this Schedule apply in relation to the provision of

information on or after the commencement of this item, whether the

information was obtained before, on or after that commencement.

(4)

The amendments of the

Safety, Rehabilitation and Compensation

(Defence-related Claims) Act 1988

made by this Schedule apply in

relation to the provision of information on or after the commencement

of this item, whether the information was obtained before, on or after

that commencement.

(5)

The amendments of the

Veterans' Entitlements Act 1986

made by this

Schedule apply in relation to the provision of information on or after the

commencement of this item, whether the information was obtained

before, on or after that commencement.

Use of refundable deposits and accommodation bonds

Schedule 7

Amendments

Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

Schedule 7--Use of refundable deposits and

accommodation bonds

Part 1--Amendments

Aged Care Act 1997

1 Section 9-3B (heading)

After "

information

", insert "

or documents

2 Subsection 9-3B(2)

After "information", insert "or documents".

3 After paragraph 9-3B(2)(d)

Insert:

(da) the use of a refundable deposit or accommodation bond by

the approved provider to make a loan;

4 After subsection 9-3B(2)

Insert:

(2A) Without limiting paragraph (2)(da), the following kinds of

information or documents may be specified in a request relating to

the use of a

refundable deposit or

accommodation bond by an

approved provider to make a loan:

(a) a copy of the agreement relating to the loan that has been

executed, or entered into, by the parties to the agreement;

(b) the amount of the loan;

(d) details of the term or life of the loan;

(e) details of the rate of interest payable on the loan;

(f) evidence that the rate of interest payable on the loan has been

set on a commercial basis;

(g) details of the loan repayments (including the amounts and

frequency of those repayments);

(h) details of any review of the loan that must or may be

conducted;

Schedule 7

Use of refundable deposits and accommodation bonds

Part 1

Amendments

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

(i) details of any other conditions or terms of the loan;

(j) details of the commercial basis of the loan;

(k) evidence of the use of the money loaned;

(l) a copy of the financial statements (however described) of the

borrower (including any such statements that have been

audited);

(m) any other information or documents relating to the loan.

5 Subsection 9-3B(3)

After "information", insert "or documents".

6 Paragraph 9-3B(4)(b)

Omit "information is", substitute "information or documents are".

7 Paragraph 9-3B(5)(a)

After "information", insert "or documents".

8 After subsection 9-3B(5A)

Insert:

(5B) Subsection (5) does not apply if the information or documents

requested under subsection (2) are not in the possession, custody or

control of the approved provider.

Note:

A defendant bears an evidential burden in relation to the matter in this

subsection: see subsection 13.3(3) of the

Criminal Code

9 At the end of section 9-3B

Add:

(7) If the operation of this section would result in an acquisition of

property from a person otherwise than on just terms, the

Commonwealth is liable to pay a reasonable amount of

compensation to the person.

(8) If the Commonwealth and the person do not agree on the amount

of the compensation, the person may institute proceedings in the

Federal Court of Australia, or the Supreme Court of a State or

Territory, for the recovery from the Commonwealth of such

reasonable amount of compensation as the court determines.

Use of refundable deposits and accommodation bonds

Schedule 7

Amendments

Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

10 Subparagraph 52N-1(2)(c)(iv)

Omit "paragraph (a) or (b)", substitute "paragraph (a), (b), (d) or (e)".

11 Paragraphs 52N-2(1)(d) and (2)(g)

Omit "2 years", substitute "5 years".

12 At the end of Division 52N

Add:

52N-3 Request to give information or documents relating to the use

of a refundable deposit or accommodation bond to make

a loan

(1) If:

(a) an approved provider has used a

refundable deposit or

accommodation bond to make a loan to a person (the

borrower

); and

(b) the Secretary or

Quality and Safety Commissioner believes

on reasonable grounds that the borrower has information or

documents relating to that use;

the Secretary or Commissioner may request the borrower to give

the Secretary or Commissioner such information or documents as

are specified in the request that are in the possession, custody or

control of the borrower.

(2) Without limiting subsection (1), the following kinds of information

or documents may be specified in the request:

(a) a copy of the agreement relating to the loan that has been

executed, or entered into, by the parties to the agreement;

(b) the amount of the loan;

(d) details of the term or life of the loan;

(e) details of the rate of interest payable on the loan;

(f) evidence that the rate of interest payable on the loan has been

set on a commercial basis;

(g) details of the loan repayments (including the amounts and

frequency of those repayments);

Schedule 7

Use of refundable deposits and accommodation bonds

Part 1

Amendments

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

(h) details of any review of the loan that must or may be

conducted;

(i) details of any other conditions or terms of the loan;

(j) details of the commercial basis of the loan;

(k) evidence of the use of the money loaned;

(l) a copy of the financial statements (however described) of the

borrower (including such statements that have been audited);

(m) any other information or documents relating to the loan.

(3) The Secretary or

Quality and Safety Commissioner may request

the borrower to give the specified information or documents on a

periodic basis.

Request to be made in writing etc.

(4) The request must:

(a) be made in writing; and

(b) set out the effect of subsections (5) and (6).

Period etc. for complying with request

(5) The borrower must comply with the request:

(a) within 28 days after the request is made or within such

shorter period as is specified in the request; or

(b) if the information or documents are to be given on a periodic

basis--before the time or times worked out in accordance

with the request.

Offence

(6) A person commits an offence of strict liability if:

(a) an approved provider that is a

corporation has used a

refundable deposit or

accommodation bond to make a loan

to the person; and

(b) the Secretary or

Quality and Safety Commissioner requests

the person to give information or documents under

subsection (1) relating to that use; and

or before the time, required under subsection (5).

Use of refundable deposits and accommodation bonds

Schedule 7

Amendments

Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

Penalty: 30 penalty units.

Compensation

(7) If the operation of this section would result in an acquisition of

property from a person otherwise than on just terms, the

Commonwealth is liable to pay a reasonable amount of

compensation to the person.

(8) If the Commonwealth and the person do not agree on the amount

of the compensation, the person may institute proceedings in the

Federal Court of Australia, or the Supreme Court of a State or

Territory, for the recovery from the Commonwealth of such

reasonable amount of compensation as the court determines.

13 Clause 1 of Schedule 1

Insert:

acquisition of property

has the same meaning as in

paragraph 51(xxxi) of the Constitution.

just terms

has the same meaning as in paragraph 51(xxxi) of the

Constitution.

Aged Care Quality and Safety Commission Act 2018

14 Paragraph 74EB(1)(d)

After "Division 9", insert ", or section 52N-3,".

Schedule 7

Use of refundable deposits and accommodation bonds

Part 2

Application provisions

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

Part 2--Application provisions

15 Definitions

In this Part:

Aged Care Act

means the

Aged Care Act 1997

commencement day

means the day this item commences.

16 Application

--approved provider may be requested to give

information or documents

Section 9-3B of the Aged Care Act, as amended by Part 1 of this

Schedule, applies in relation to a use of a refundable deposit or

accommodation bond that occurs before, on or after the commencement

day.

17 Application

--offences relating to refundable deposits and

accommodation bonds

The amendment of paragraphs 52N-2(1)(d) and (2)(g) of the Aged Care

Act made by Part 1 of this Schedule applies in relation to a use of a

refundable deposit or accommodation bond that occurs on or after the

commencement day.

18 Application

--borrower may be requested to give

information or documents

Section 52N-3 of the Aged Care Act, as inserted by Part 1 of this

Schedule, applies in relation to a use of a refundable deposit or

accommodation bond that occurs before, on or after the commencement

day.

Independent Health and Aged Care Pricing Authority

Schedule 8

Amendment of the National Health Reform Act 2011

Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

Schedule 8--Independent Health and Aged

Care Pricing Authority

Part 1--Amendment of the National Health Reform

Act 2011

National Health Reform Act 2011

1 Paragraph 3(c)

Omit "Independent Hospital Pricing Authority", substitute

"Independent Health and Aged Care Pricing Authority".

2 Section 4

Omit "Independent Hospital Pricing Authority" (wherever occurring),

substitute "Independent Health and Aged Care Pricing Authority".

3 Section 4

Before "are as follows", insert "in relation to public hospitals and health

care pricing and costing".

4 Section 4

Omit:

(c)

to publish this, and other information, for the purpose of

informing decision makers in relation to the funding of

public hospitals.

substitute:

(c)

to publish this, and other information, for the purpose of

informing decision makers in relation to the funding of

public hospitals;

(d)

if requested by the Minister or the Secretary, to advise

the Commonwealth in relation to certain health care

pricing and costing matters.

5 Section 4

Before:

Schedule 8

Independent Health and Aged Care Pricing Authority

Part 1

Amendment of the National Health Reform Act 2011

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

•

The main function of the Administrator of the National Health

Funding Pool is to administer the National Health Funding

Pool.

insert:

•

The main functions of the Independent Health and Aged Care

Pricing Authority in relation to aged care are as follows:

(a)

to provide advice about certain aged care pricing and

costing matters to each relevant Commonwealth

Minister;

(b)

to perform such functions as are conferred on the

Independent Health and Aged Care Pricing Authority by

the Aged Care Act.

6 Section 5

Insert:

Aged Care Act

means the

Aged Care Act 1997

Aged Care Act function

has the meaning given by

paragraph 131A(1)(e).

aged care information

means information (including protected

information within the meaning of the Aged Care Act) obtained in

the course of:

(a) the performance of the following functions, or the exercising

of powers for or in connection with the performance of the

following functions:

(i) a function of the Pricing Authority mentioned in

subsection 131A(1) (other than an Aged Care Act

function);

(ii) a function of the Aged Care Advisory Committee (other

than a function that relates to an Aged Care Act function

of the Pricing Authority);

(iii) a function of a subcommittee established under

section 204V to advise or assist the Aged Care Advisory

Committee in the performance of a function of the Aged

Independent Health and Aged Care Pricing Authority

Schedule 8

Amendment of the National Health Reform Act 2011

Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

Care Advisory Committee covered by subparagraph (ii)

of this paragraph;

(iv) a function of a committee established under section 205

to advise or assist the Pricing Authority in the

performance of a function of the Pricing Authority

mentioned in subsection 131A(1) (other than an Aged

Care Act function); or

(b) assisting, under section 204Y or 207, in the performance of a

function covered by paragraph (a) of this definition.

Aged Care Minister

means the Minister administering the Aged

Care Act.

health care pricing and costing information

means information

obtained in the course of:

(a) the performance of the following functions, or the exercising

of powers for or in connection with the performance of the

following functions:

(i) a function of the Pricing Authority mentioned in

subsection 131(1A);

(ii) a function of the Clinical Advisory Committee

mentioned in paragraph 177(ba);

(iii) a function of a subcommittee established under

section 191 to advise or assist the Clinical Advisory

Committee in the performance of a function of the

Clinical Advisory Committee mentioned in

paragraph 177(ba);

(iv) a function of the Jurisdictional Advisory Committee

mentioned in subparagraph 196(1)(a)(va);

(v) a function of a committee established under section 205

to advise or assist the Pricing Authority in the

performance of a function of the Pricing Authority

mentioned in subsection 131(1A); or

(b) assisting, under section 194, 204 or 207, in the performance

of a function mentioned in paragraph (a) of this definition.

member of the Aged Care Advisory Committee

includes the Chair

of the Aged Care Advisory Committee.

Schedule 8

Independent Health and Aged Care Pricing Authority

Part 1

Amendment of the National Health Reform Act 2011

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

7 Section 5 (paragraph (b) of the definition of member of the

Pricing Authority)

Omit "the Deputy Chair", substitute "each Deputy Chair".

8 Section 5 (definition of Pricing Authority)

Omit "Independent Hospital Pricing Authority", substitute

"Independent Health and Aged Care Pricing Authority".

9 Section 5 (at the end of the definition of protected Pricing

Authority information)

Add:

; but does not include protected information (within the meaning of

the Aged Care Act) that is not aged care information.

10 Section 5

Insert:

relevant Commonwealth Minister

means the following:

(a) the Minister;

(b) if the Minister is not also the Aged Care Minister--the Aged

Care Minister.

11 Subsection 6(3)

Omit "7 offices", substitute "6 offices".

12 Subsection 6(3)

Omit "Deputy Chair", substitute "2 Deputy Chairs".

13 Chapter 4 (heading)

Repeal the heading, substitute:

Chapter 4--Independent Health and Aged

Care Pricing Authority

14 Section 128

Omit "Independent Hospital Pricing Authority" (first and second

occurring), substitute "Independent Health and Aged Care Pricing

Authority".

Independent Health and Aged Care Pricing Authority

Schedule 8

Amendment of the National Health Reform Act 2011

Part 1

No. , 2022

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

15 Section 128

Before "are as follows", insert "in relation to public hospitals and health

care pricing and costing".

16 Section 128

Omit:

(c)

to publish this, and other information, in a report each

year for the purpose of informing decision makers in

relation to the funding of public hospitals.

substitute:

(c)

to publish this, and other information, in a report each

year for the purpose of informing decision makers in

relation to the funding of public hospitals;

(d)

if requested by the Minister or the Secretary, to advise

the Commonwealth in relation to health care pricing and

costing matters.

17 Section 128

Omit:

•

This Chapter also sets up the Clinical Advisory Committee

and the Jurisdictional Advisory Committee to assist the

Independent Hospital Pricing Authority.

substitute:

•

The main functions of the Independent Health and Aged Care

Pricing Authority in relation to aged care are as follows:

(a)

to advise each relevant Commonwealth Minister in

relation to aged care pricing and costing matters;

(b)

to perform such functions as are conferred on the

Independent Health and Aged Care Pricing Authority by

the Aged Care Act.

•

This Chapter also sets up the following committees to assist

the Independent Health and Aged Care Pricing Authority:

Schedule 8

Independent Health and Aged Care Pricing Authority

Part 1

Amendment of the National Health Reform Act 2011

100

Aged Care and Other Legislation Amendment (Royal Commission

Response) Bill 2022

No. , 2022

(a)

the Clinical Advisory Committee;

(b)

the Jurisdictional Advisory Committee;

(c)

the Aged Care Advisory Committee.

18 Section 129 (heading)

Repeal the heading, substitute:

129 Independent Health and Aged Care Pricing Authority

19 Subsection 129(1)

Repeal the subsection, substitute:

(1) The body known immediately before the commencement of this

subsection as the Independent Hospital Pricing Authority is

continued in existence with the new name, the Independent Health

and Aged Care Pricing Authority.

Note 1:

Commonwealth of Australia Bills

AGED CARE AND OTHER LEGISLATION AMENDMENT (ROYAL COMMISSION RESPONSE) BILL 2022