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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aged Care Quality and Safety
Commission Amendment (Worker
Screening Database) Bill 2019
No. , 2019
(Ms Sharkie)
A Bill for an Act to amend the Aged Care Quality
and Safety Commission Act 2018
No. , 2019
Aged Care Quality and Safety Commission Amendment (Worker
Screening Database) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Aged Care Quality and Safety Commission Act 2018
3
No. , 2019
Aged Care Quality and Safety Commission Amendment (Worker
Screening Database) Bill 2019
1
A Bill for an Act to amend the Aged Care Quality
1
and Safety Commission Act 2018
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Aged Care Quality and Safety Commission
5
Amendment (Worker Screening Database) Act 2019.
6
2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Aged Care Quality and Safety Commission Amendment (Worker
Screening Database) Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
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.
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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repealed as set out in the applicable items in the Schedule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
Amendments
Schedule 1
No. , 2019
Aged Care Quality and Safety Commission Amendment (Worker
Screening Database) Bill 2019
3
Schedule 1--Amendments
1
2
Aged Care Quality and Safety Commission Act 2018
3
1 Section 7
4
Insert:
5
aged care worker screening check means an assessment, under an
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aged care worker screening law, of whether a person who works,
7
or seeks to work, with aged care consumers poses a risk to such
8
people.
9
aged care worker screening database means the database
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established under section 54A.
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aged care worker screening law means a law of a State or
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Territory determined in an instrument under section 9A.
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disclose, in relation to information in the aged care worker
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screening database, includes provide electronic access to the
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information.
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2 At the end of Part 1
17
Add:
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9A Meaning of aged care worker screening law
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(1) The Minister may, by legislative instrument, determine a law of a
20
State or Territory for the purposes of the definition of aged care
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worker screening law in section 7, with the agreement of that State
22
or Territory.
23
Note:
Section 42 (disallowance) of the Legislation Act 2003 does not apply
24
to the instrument (see subsection 44(1) of that Act).
25
(2) Before determining a law of a State or Territory, the Minister must
26
be satisfied that the law establishes a scheme for the screening of
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persons working with, or seeking to work with, aged care
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consumers.
29
Schedule 1 Amendments
4
Aged Care Quality and Safety Commission Amendment (Worker
Screening Database) Bill 2019
No. , 2019
3 After Part 6
1
Insert:
2
Part 6A
--Aged care worker screening database
3
4
54A Simplified outline of this Part
5
•
The Commissioner must establish, operate and maintain the
6
aged care worker screening database.
7
•
The database will keep a record of decisions made in relation
8
to persons who have made an application for an assessment of
9
whether they, in working, or seeking to work, with aged care
10
consumers pose a risk to such people.
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54B Aged care worker screening database
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(1) The Commissioner must establish, operate and maintain a database
13
for the purposes of this Act, to be known as the aged care worker
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screening database.
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(2) The aged care worker screening database must be kept in electronic
16
form.
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Purposes of the database
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(3) The purposes of the aged care worker screening database are the
19
following:
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(a) to maintain an up-to-date record of persons who, under
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decisions made under aged care worker screening laws, have
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been found, in working, or seeking to work, with aged care
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consumers not to pose a risk, or to pose a risk, to such
24
people;
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(b) in relation to persons covered by paragraph (a)--to maintain
26
an up-to-date record of other decisions that relate to the
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decisions covered by that paragraph;
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(c) to share information in the database with persons or bodies
29
(including employers and potential employers) that deal with
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Amendments
Schedule 1
No. , 2019
Aged Care Quality and Safety Commission Amendment (Worker
Screening Database) Bill 2019
5
people who work, or seek to work, with aged care
1
consumers;
2
(d) any other purpose determined in an instrument under
3
subsection (8).
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(4) Paragraphs (3)(a) to (c) do not limit paragraph (3)(d).
5
Information in the database
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(5) The aged care worker screening database may include the
7
following information for the purposes of subsection (3):
8
(a) information relating to persons (each of whom is a screening
9
applicant) who have made applications (each of which is a
10
screening application) for an aged care worker screening
11
check and information relating to those applications;
12
(b) information relating to each screening applicant in respect of
13
whom a screening application is no longer being considered
14
and the reasons for this;
15
(c) information relating to each screening applicant in respect of
16
whom a decision (a clearance decision) (however described)
17
is in force, under an aged care worker screening law, to the
18
effect that the person, in working, or seeking to work, with
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aged care consumers does not pose a risk to such people and
20
information relating to the decision;
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(d) information relating to any decisions made under an aged
22
care worker screening law, in relation to each screening
23
applicant, while the screening applicant's application is
24
pending;
25
(e) information relating to each screening applicant in respect of
26
whom a decision (an exclusion decision) (however
27
described) is in force, under an aged care worker screening
28
law, to the effect that the person, in working, or seeking to
29
work, with aged care consumers does pose a risk to such
30
people and information relating to the decision;
31
(f) if a clearance decision or an exclusion decision specifies the
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period for which the decision is in force--information setting
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out that period;
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(g) information relating to each person in respect of whom a
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decision (however described), under an aged care worker
36
Schedule 1 Amendments
6
Aged Care Quality and Safety Commission Amendment (Worker
Screening Database) Bill 2019
No. , 2019
screening law, suspending a clearance decision has been
1
made and information relating to the suspension;
2
(h) information relating to each person in respect of whom a
3
decision (however described), under an aged care worker
4
screening law, revoking a clearance decision or an exclusion
5
decision has been made and information relating to the
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revocation;
7
(i) information relating to employers or potential employers of
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persons who have made screening applications;
9
(j) any other information determined in an instrument under
10
subsection (8).
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(6) Paragraphs (5)(a) to (i) do not limit paragraph (5)(j).
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Database may include personal information
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(7) The information included under paragraphs (5)(a) to (j) may
14
include personal information (within the meaning of the Privacy
15
Act 1988).
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Legislative instrument
17
(8) The Minister may, by legislative instrument, do either or both of
18
the following:
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(a) determine a purpose for the purposes of paragraph (3)(d);
20
(b) determine information for the purposes of paragraph (5)(j).
21
Database not a legislative instrument
22
(9) The aged care worker screening database is not a legislative
23
instrument.
24
4 After paragraph 61(1)(f)
25
Insert:
26
(fa) if the disclosure is necessary for the purposes of establishing,
27
operating or maintaining the aged care worker screening
28
database--to such persons and for such purposes as the
29
Commissioner determines; and
30