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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aged Care Quality and Safety
Commission (Consequential
Amendments and Transitional
Provisions) Bill 2018
No. , 2018
(Health)
A Bill for an Act to deal with consequential and
transitional matters arising from the enactment of
the Aged Care Quality and Safety Commission Act
2018, and for related purposes
No. , 2018
Aged Care Quality and Safety Commission (Consequential
Amendments and Transitional Provisions) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Schedules ........................................................................................... 3
Schedule 1--Repeals and amendments
4
Part 1--Repeals
4
Australian Aged Care Quality Agency Act 2013
4
Australian Aged Care Quality Agency (Transitional Provisions) Act
2013
4
Part 2--Consequential amendments
5
Aged Care Act 1997
5
Aged Care (Transitional Provisions) Act 1997
8
Part 3--Contingent amendments
9
Aged Care Act 1997
9
Freedom of Information Act 1982
9
Schedule 2--Application and transitional provisions
10
No. , 2018
Aged Care Quality and Safety Commission (Consequential
Amendments and Transitional Provisions) Bill 2018
1
A Bill for an Act to deal with consequential and
1
transitional matters arising from the enactment of
2
the Aged Care Quality and Safety Commission Act
3
2018, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the Aged Care Quality and Safety Commission
7
(Consequential Amendments and Transitional Provisions) Act
8
2018.
9
2
Aged Care Quality and Safety Commission (Consequential
Amendments and Transitional Provisions) Bill 2018
No. , 2018
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
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,
Parts 1 and 2
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
the Aged Care Quality and Safety
Commission Act 2018.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
3. Schedule 1,
Part 3
Immediately after the commencement of the
Aged Care (Single Quality Framework)
Reform Act 2018.
However, the provisions do not commence
at all if that Act does not commence.
4. Schedule 2
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
the Aged Care Quality and Safety
Commission Act 2018.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
No. , 2018
Aged Care Quality and Safety Commission (Consequential
Amendments and Transitional Provisions) Bill 2018
3
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Schedule 1 Repeals and amendments
Part 1 Repeals
4
Aged Care Quality and Safety Commission (Consequential
Amendments and Transitional Provisions) Bill 2018
No. , 2018
Schedule 1--Repeals and amendments
1
Part 1--Repeals
2
Australian Aged Care Quality Agency Act 2013
3
1 The whole of the Act
4
Repeal the Act.
5
Australian Aged Care Quality Agency (Transitional
6
Provisions) Act 2013
7
2 The whole of the Act
8
Repeal the Act.
9
Repeals and amendments Schedule 1
Consequential amendments Part 2
No. , 2018
Aged Care Quality and Safety Commission (Consequential
Amendments and Transitional Provisions) Bill 2018
5
Part 2--Consequential amendments
1
Aged Care Act 1997
2
3 Paragraph 42-4(a)
3
Omit "
*
CEO of the Quality Agency", substitute "
*
Quality and Safety
4
Commissioner".
5
4 Paragraph 56-4(1)(d)
6
Repeal the paragraph.
7
5 Paragraph 56-4(1)(e)
8
Omit "the Complaints Principles", substitute "rules made for the
9
purposes of subsection 21(2) of the
*
Quality and Safety Commission
10
Act".
11
6 Paragraph 63-1(1)(ba)
12
Omit "Division 94B", substitute "Part 8 of the
*
Quality and Safety
13
Commission Act".
14
7 Paragraph 63-1(1)(l)
15
Repeal the paragraph.
16
8 Subsection 65-1A(1)
17
Omit "(1)".
18
9 Paragraph 65-1A(1)(a)
19
Repeal the paragraph, substitute:
20
(a) any information provided by the
*
Quality and Safety
21
Commissioner in accordance with the
*
Quality and Safety
22
Commission Act or rules made under that Act; and
23
10 Subsection 65-1A(2)
24
Repeal the subsection (including the note).
25
Schedule 1 Repeals and amendments
Part 2 Consequential amendments
6
Aged Care Quality and Safety Commission (Consequential
Amendments and Transitional Provisions) Bill 2018
No. , 2018
11 Section 84-1
1
Omit:
2
(e)
the management and resolution of complaints and other
3
concerns about the provision of aged care services, and
4
powers of authorised complaints officers (see
5
Part 6.4A);
6
(f)
recovery of overpayments by the Commonwealth (see
7
Part 6.5);
8
(g)
the Aged Care Complaints Commissioner, whose
9
functions include those relating to complaints and other
10
concerns conferred on the Commissioner by the
11
Complaints Principles (see Part 6.6);
12
substitute:
13
(e)
recovery of overpayments by the Commonwealth (see
14
Part 6.5);
15
12 After paragraph 86-3(1)(b)
16
Insert:
17
(ba) to the
*
Quality and Safety Commissioner to assist in the
18
performance of the functions, or the exercise of the powers,
19
of the Commissioner under the
*
Quality and Safety
20
Commission Act or rules made under that Act; and
21
13 Subsection 86-3(2)
22
Repeal the subsection.
23
14 Paragraph 86-3(3)(a)
24
Omit "or (2)(a)".
25
15 Paragraph 86-3(3)(b)
26
Omit "or (2)(a) or (c)".
27
16 Parts 6.4A and 6.6
28
Repeal the Parts.
29
Repeals and amendments Schedule 1
Consequential amendments Part 2
No. , 2018
Aged Care Quality and Safety Commission (Consequential
Amendments and Transitional Provisions) Bill 2018
7
17 Section 96-1 (table item 9A)
1
Omit "Divisions 95A and", substitute "Division".
2
18 Section 96-1 (table items 13A and 17A)
3
Repeal the items.
4
19 Subsection 96-2(2)
5
Repeal the subsection, substitute:
6
Quality and Safety Commissioner
7
(2) The Secretary may, in writing, delegate to the
*
Quality and Safety
8
Commissioner the powers and functions of the Secretary that the
9
Secretary considers necessary for the Commissioner to perform the
10
Commissioner's functions under the
*
Quality and Safety
11
Commission Act or rules made under that Act.
12
(2A) If, under subsection (2), the Secretary delegates a power or
13
function to the
*
Quality and Safety Commissioner, the
14
Commissioner may, in writing, sub-delegate the power or function
15
to a member of the staff of the
*
Quality and Safety Commission
16
referred to in section 33 of the
*
Quality and Safety Commission
17
Act.
18
20 Subsection 96-2(15)
19
Repeal the subsection.
20
21 Clause 1 of Schedule 1
21
Repeal the following definitions:
22
(a) definition of Aged Care Complaints Commissioner;
23
(b) definition of authorised complaints officer;
24
(c) definition of CEO of the Quality Agency;
25
(d) definition of complaints powers.
26
22 Clause 1 of Schedule 1
27
Insert:
28
Schedule 1 Repeals and amendments
Part 2 Consequential amendments
8
Aged Care Quality and Safety Commission (Consequential
Amendments and Transitional Provisions) Bill 2018
No. , 2018
Quality and Safety Commission means the Aged Care Quality and
1
Safety Commission established by section 11 of the
*
Quality and
2
Safety Commission Act.
3
Quality and Safety Commission Act means the Aged Care Quality
4
and Safety Commission Act 2018.
5
Quality and Safety Commissioner means the Commissioner of the
6
*
Quality and Safety Commission.
7
Aged Care (Transitional Provisions) Act 1997
8
23 Clause 1 of Schedule 1 (definition of CEO of the Quality
9
Agency)
10
Repeal the definition.
11
Repeals and amendments Schedule 1
Contingent amendments Part 3
No. , 2018
Aged Care Quality and Safety Commission (Consequential
Amendments and Transitional Provisions) Bill 2018
9
Part 3--Contingent amendments
1
Aged Care Act 1997
2
24 Paragraph 86-9(1)(k)
3
Omit "Australian Aged Care Quality Agency Act 2013", substitute
4
"
*
Quality and Safety Commission Act".
5
Freedom of Information Act 1982
6
25 Schedule 3
7
Omit:
8
Australian Aged Care Quality Agency Act 2013, subsection 48(1) and
section 50
substitute:
9
Aged Care Quality and Safety Commission Act 2018, subsection 60(1)
and section 62
Schedule 2 Application and transitional provisions
10
Aged Care Quality and Safety Commission (Consequential
Amendments and Transitional Provisions) Bill 2018
No. , 2018
Schedule 2--Application and transitional
1
provisions
2
3
1 Definitions
4
In this Schedule:
5
Aged Care Act means the Aged Care Act 1997.
6
CEO means the Chief Executive Officer of the Quality Agency
7
appointed under section 16 of the Quality Agency Act.
8
Complaints Commissioner means the Aged Care Complaints
9
Commissioner appointed under section 95A-2 of the Aged Care Act, as
10
in force immediately before the transition time.
11
instrument includes:
12
(a) a contract, deed, undertaking, arrangement or agreement; and
13
(b) a notice, authority, order or instruction; and
14
(c) an instrument made under an Act or regulation.
15
Quality Agency means the Australian Aged Care Quality Agency
16
established by section 7 of the Quality Agency Act.
17
Quality Agency Act means the Australian Aged Care Quality Agency
18
Act 2013, as in force immediately before the transition time.
19
Quality and Safety Commission means the Aged Care Quality and
20
Safety Commission established by section 11 of the Quality and Safety
21
Commission Act.
22
Quality and Safety Commission Act means the Aged Care Quality and
23
Safety Commission Act 2018.
24
Quality and Safety Commissioner means the Commissioner of the
25
Quality and Safety Commission appointed under section 24 of the
26
Quality and Safety Commission Act.
27
transition time means the commencement of the Quality and Safety
28
Commission Act.
29
2 Things done by, or in relation to, the CEO or Complaints
30
Commissioner
31
(1)
If, before the transition time, a thing was done by, or in relation to, the
32
CEO for the purposes of the Quality Agency Act or the Aged Care Act,
33
Application and transitional provisions Schedule 2
No. , 2018
Aged Care Quality and Safety Commission (Consequential
Amendments and Transitional Provisions) Bill 2018
11
then the thing has effect, after that time, as if it had been done by, or in
1
relation to, the Quality and Safety Commissioner for the purposes of the
2
Quality and Safety Commission Act.
3
(2)
If, before the transition time, a thing was done by, or in relation to, the
4
Complaints Commissioner for the purposes of the Aged Care Act, then
5
the thing has effect, after that time, as if it had been done by, or in
6
relation to, the Quality and Safety Commissioner for the purposes of the
7
Quality and Safety Commission Act.
8
(3)
The rules may provide that subitem (1) or (2) does not apply in relation
9
to a specified thing done by, or in relation to, the CEO or the
10
Complaints Commissioner.
11
3 Advisory Council members
12
(1)
This item applies to a person who, immediately before the transition
13
time, was an Advisory Council member within the meaning of the
14
Quality Agency Act.
15
(2)
The person is taken, after the transition time, to have been appointed
16
under section 41 of the Quality and Safety Commission Act as an
17
Advisory Council member within the meaning of that Act:
18
(a) for the balance of the person's term of appointment that
19
remained immediately before that time; and
20
(b) on the same terms and conditions as applied to the person
21
immediately before that time.
22
(3)
This item does not prevent those terms and conditions being varied after
23
the transition time.
24
4 Consultants
25
(1)
This item applies to a person if:
26
(a) before the transition time, the person was engaged as a
27
consultant under section 28 of the Quality Agency Act; and
28
(b) the engagement was in effect immediately before that time.
29
(2)
The person is taken, after the transition time, to be engaged as a
30
consultant under section 35 of the Quality and Safety Commission Act
31
on the same terms and conditions that applied to the person's
32
engagement immediately before that time.
33
Schedule 2 Application and transitional provisions
12
Aged Care Quality and Safety Commission (Consequential
Amendments and Transitional Provisions) Bill 2018
No. , 2018
(3)
This item does not prevent those terms and conditions being varied after
1
the transition time.
2
5 Authorised complaints officers
3
(1)
This item applies to a person who was, immediately before the
4
transition time, appointed under subsection 94B-1(1) of the Aged Care
5
Act as an authorised complaints officer.
6
(2)
The person is taken, after the transition time, to have been appointed
7
under subsection 73(1) of the Quality and Safety Commission Act as an
8
authorised complaints officer for the purposes referred to in that
9
subsection.
10
(3)
An identity card issued to the person under subsection 94B-1(2) of the
11
Aged Care Act before the transition time is taken, after that time, to
12
have been issued under subsection 74(1) of the Quality and Safety
13
Commission Act.
14
6 Transfer of records
15
(1)
This item applies to any records or documents that were in the
16
possession of the following immediately before the transition time:
17
(a) the CEO;
18
(b) the Quality Agency;
19
(c) the Complaints Commissioner;
20
(d) an APS employee of the Department who, before that time,
21
was assisting the Complaints Commissioner in the
22
performance of the Commissioner's functions under the
23
Aged Care Act.
24
(2)
The records and documents are to be transferred to the Quality and
25
Safety Commissioner after the transition time.
26
Note:
The records and documents are Commonwealth records for the purposes of the Archives
27
Act 1983.
28
7 Protected information
29
(1)
This item applies to the following information:
30
(a) information that, immediately before the transition time, was
31
protected information within the meaning of the Quality
32
Agency Act;
33
Application and transitional provisions Schedule 2
No. , 2018
Aged Care Quality and Safety Commission (Consequential
Amendments and Transitional Provisions) Bill 2018
13
(b) information that:
1
(i) immediately before the transition time, was protected
2
information within the meaning of the Aged Care Act;
3
and
4
(ii) related to the functions of the Complaints
5
Commissioner under that Act.
6
(2)
For the purposes of the Quality and Safety Commission Act, the
7
information is taken, after the transition time, to be protected
8
information within the meaning of that Act.
9
8 References to the CEO etc. in instruments
10
(1)
This item applies to an instrument if:
11
(a) the instrument was in force immediately before the transition
12
time; and
13
(b) the instrument contains a reference to:
14
(i) the CEO; or
15
(ii) the Quality Agency; or
16
(iii) the Complaints Commissioner.
17
(2)
The instrument has effect, after the transition time, as if:
18
(a) a reference in the instrument to the CEO or Complaints
19
Commissioner were a reference to the Quality and Safety
20
Commissioner; and
21
(b) a reference in the instrument to the Quality Agency were a
22
reference to the Quality and Safety Commission.
23
(3)
The rules may provide that subitem (2) does not apply in relation to a
24
specified instrument.
25
(4)
This item does not prevent the instrument from being amended or
26
repealed after the transition time.
27
9 Legal proceedings
28
(1)
If any proceedings to which the CEO is a party are pending in any court
29
or tribunal immediately before the transition time, the Quality and
30
Safety Commissioner is substituted for the CEO, from that time, as a
31
party to those proceedings.
32
Schedule 2 Application and transitional provisions
14
Aged Care Quality and Safety Commission (Consequential
Amendments and Transitional Provisions) Bill 2018
No. , 2018
(2)
If any proceedings to which the Complaints Commissioner is a party are
1
pending in any court or tribunal immediately before the transition time,
2
the Quality and Safety Commissioner is substituted for the Complaints
3
Commissioner, from that time, as a party to those proceedings.
4
10 Rules
5
(1)
The Minister may, by legislative instrument, make rules prescribing
6
matters:
7
(a) required or permitted by this Act to be prescribed by the
8
rules; or
9
(b) necessary or convenient to be prescribed for carrying out or
10
giving effect to this Act.
11
(2)
Without limiting subitem (1), the rules may prescribe matters of a
12
transitional nature (including prescribing any saving or application
13
provisions) relating to:
14
(a) the amendments or repeals made by this Act; or
15
(b) the enactment of this Act or the Quality and Safety
16
Commission Act.
17
(3)
To avoid doubt, the rules may not do the following:
18
(a) create an offence or civil penalty;
19
(b) provide powers of:
20
(i) arrest or detention; or
21
(ii) entry, search or seizure;
22
(c) impose a tax;
23
(d) set an amount to be appropriated from the Consolidated
24
Revenue Fund under an appropriation in this Act or the
25
Quality and Safety Commission Act;
26
(e) directly amend the text of this Act or the Quality and Safety
27
Commission Act.
28
(4)
This Schedule (other than subitem (3)) does not limit the rules that may
29
be made for the purposes of subitems (1) and (2).
30
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