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Premises may only be entered with the consent of the occupier of the premises and only for specified purposes. Information sharing and confidentiality etc. The indicators were compiled by the Office of the Royal Commission into Aged Care Quality and Safety using granular datasets collected in different parts of the aged care system. The Royal Commission into Aged Care Quality and Safety is a royal commission established on 8 October 2018 by the Australian government pursuant to the Royal Commissions Act 1902. Wed, 07/10/2009. aged care has the same meaning as in the Aged Care Act. It will not be amended to deal with any later amendments of this Act. (b)  give the report to the Minister within the period specified in the notice. 1.9K likes. (2)  The Minister may, by written notice given to the Commissioner, require the Commissioner to: (a)  prepare a document setting out specified information relating to the performance of the Commissioner’s functions; and. Commission 2021 - All Rights ReservedFunded with the support of the Governments of (1)  The Minister may terminate the appointment of the Commissioner: (b)  if the Commissioner is unable to perform the duties of the office because of physical or mental incapacity. The Advisory Council is to consist of a Chair and at least 6, but not more than 10, other members. (2)  The following are the search powers that the authorised complaints officer or regulatory official may exercise in relation to the premises: (a)  the power to search the premises and any thing on the premises; (b)  the power to examine or observe any activity conducted on the premises; (c)  the power to inspect, examine, take measurements of or conduct tests on any thing on the premises; (d)  the power to make any still or moving image or any recording of the premises or any thing on the premises; (e)  the power to inspect any document on the premises; (f)  the power to take extracts from, or make copies of, any such document; (g)  the power to take onto the premises such equipment and materials as the officer or official (as the case may be) requires for the purpose of exercising powers in relation to the premises; (h)  the powers set out in subsections 72(1) and (4). 39  Minister may give directions about the Advisory Council’s functions. 70  Asking questions and seeking production of documents. This Act binds the Crown in each of its capacities. (1)  If an authorised complaints officer enters premises in accordance with section 65, the officer may request a person at the premises: (a)  to answer any questions put by the officer; and. There are eight Aged Care Quality Standards that the government, service providers, and the community have all agreed to. Call on 1800 951 822. The .gov.au means it’s official. This Act establishes the Aged Care Quality and Safety Commission and provides for there to be a Commissioner of the Commission. Around 39.2 per cent of people living in Australian aged care facilities experience elder abuse in the form of neglect, emotional abuse or physical abuse according to experimental estimates by the Office of the Royal Commission into Aged Care Quality and Safety. Permitted disclosures of protected information by Commissioner.... 40, 62.......... Limits on use or disclosure etc. Aged Care Quality and Safety Commission website. (b)  include a photograph of the person that is no more than 5 years old. Home; Legislative Instruments; In force; Series: F2018L01837; Aged Care Quality and Safety Commission Rules 2018. (2)  A fee must not be such as to amount to taxation. (b)  the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 10 offices of Advisory Council members in addition to the Chair. of protected information disclosed by the Commissioner       41, 63.......... Disclosure to court etc....................................................................... 42, Part 8—Entry and search powers                                                                             43, Division 1—Introduction                                                                                          43, 64.......... Simplified outline of this Part............................................................ 43, Division 2—Powers of authorised complaints officers in relation to premises  44, 65.......... Power to enter premises and exercise search powers in relation to complaints etc. Note:          Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act). Aged Care Act means the Aged Care Act 1997. The Honourable Tony Pagone QC and Ms Lynelle Briggs AO have been appointed as Royal Commissioners. Reports; The report looks into the impact of COVID-19 on aged care and is the result of a hearing of the Royal Commission into Aged Care Quality and Safety , which was held in Sydney from 10 to 13 August 2020. Aged Care Quality and Safety Commission (ACQSC) is part of the Department of Health's portfolio, the ACQSC protect and enhance the safety, health, wellbeing and quality of life of people receiving aged care. Access the Aged Care Quality Standards resources Guidance and resources for providers to support the Aged Care Quality Standards. 62  Limits on use or disclosure etc. Home; Terms; Are you a Commonwealth funded aged care service provider? into Aged Care Quality and Safety. of protected information disclosed by the Commissioner, (a)  the person makes a record of, or uses or discloses, information; and, (b)  the information is information that was disclosed to the person under section 61; and. Vacancy in the office of an Advisory Council member, Establishment of the Aged Care Quality and Safety Commission, (2)  For the purposes of the finance law (within the meaning of the, Consumer engagement functions of the Commissioner, Rules may make provision for, or in relation to, the performance of a function of the Commissioner, Minister may give directions to the Commissioner, Note:          Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the, Note:          The Commissioner may be reappointed: see section 33AA of the, Note:          For rules that apply to acting appointments, see sections 33AB and 33A of the, (3)  This section has effect subject to the, (d)  fails, without reasonable excuse, to comply with section 29 of the, The staff of the Commission are to be persons engaged under the, (1)  The staff of the Commission are to be persons engaged under the, (a)  officers and employees of Agencies (within the meaning of the, Aged Care Quality and Safety Advisory Council, Establishment and functions of the Advisory Council, Establishment of the Aged Care Quality and Safety Advisory Council, Minister may give directions about the Advisory Council’s functions, Note:          An Advisory Council member, Note 2:       For rules that apply to acting appointments, see sections 33AB and 33A of the, Note:          A similar rule applies to an Advisory Council member who has a similar relationship with the Commonwealth or a Territory: see subsection 7(11) of the, (4)  This section (other than subsection (2)) has effect subject to the, Disclosure of interests to the Advisory Council, The annual report prepared by the Commissioner and given to the Minister under section 46 of the, In preparing a corporate plan under section 35 of the. The Honourable Richard Tracey AM RFD QC and Ms Lynelle Briggs AO were appointed as Royal Commissioners. The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. (b)  must not take part in any decision of the Advisory Council with respect to the matter. (2)  To avoid doubt, the rules may not do the following: (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 Act. (5)  An offence against subsection (3) or (4) is an offence of strict liability. (e)  to register, in accordance with the rules, persons as quality assessors for the purposes of performing functions, or exercising powers, under this Act or the rules. (c)  fails, without reasonable excuse, to comply with section 45 or 46 (which deal with the disclosure of interests). (a)  if an authorised complaints officer entered the premises in accordance with section 65—information that is relevant to the purposes for which the premises were so entered; or. Commissioner means the Commissioner of the Commission. of protected information, Note:          A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the, Note:          A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the, Permitted disclosures of protected information by Commissioner, Limits on use or disclosure etc. (2)  A funding agreement that relates to a Commonwealth‑funded aged care service is the agreement between a person or body and the Commonwealth that relates to a funded program under which the service is, or is to be, provided. paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise). The Royal Commission into Aged Care Quality and Safety was established on 8 October 2018 by the Governor-General of the Commonwealth of Australia, His Excellency General the Honourable Sir Peter Cosgrove AK MC (Retd). Annual operational plans................................................................... 55.......... Simplified outline of this Part............................................................ 56.......... Commissioner must give information to the Secretary in certain circumstances. Termination of appointment.............................................................. 21, Part 4—Staff of the Commission etc. The Royal Commission into Aged Care Quality and Safety is a royal commission established on 8 October 2018 by the Australian government pursuant to the Royal Commissions Act 1902. Aged Care Quality and Safety Commission | Online Learning. This Act extends to the external Territories other than the Territory of Ashmore and Cartier Islands. The consumer engagement functions of the Commissioner are: (a)  to develop, in consultation with aged care consumers and their representatives, best practice models for the engagement of approved providers of aged care services, and service providers of Commonwealth‑funded aged care services, with their aged care consumers and the representatives of those consumers; and. The role of the Aged Care Quality and Safety Commission (the Commission) is to protect and enhance the safety, health, well-being and quality of life of people receiving aged care. (j)  to a person of a kind specified in the rules, for the purposes specified in the rules in relation to persons of that kind. (1)  The Minister may appoint a person to act as the Chair: (a)  during a vacancy in the office of the Chair (whether or not an appointment has previously been made to the office); or. of protected information disclosed by the Commissioner. 67  Asking questions and seeking production of documents. Find details about Australian Aged Care Quality and Safety Commission operated by Australian Aged Care Quality Agency, an aged care provider based in Parramatta NSW. (2)  The Commissioner may, on behalf of the Commonwealth, make an arrangement with the appropriate authority or officer of: (b)  a State or Territory government authority; under which the government or authority makes officers or employees available to the Commissioner to perform services in connection with the performance of any of the Commissioner’s functions. Dementia doesn’t discriminate, but we can change how we respond to and behave around people living with dementia. (b)  a document given to the Minister under subsection (2). of the Commission, 11  Establishment of the Aged Care Quality and Safety Commission. Note 1:       For eligibility to be appointed as an Advisory Council member, see subsection 41(3). Division 2—Establishment and functions of the Advisory Council, 37  Establishment of the Aged Care Quality and Safety Advisory Council. (6)  Subsections (3) and (4) do not apply if the identity card was lost or destroyed. Aged Care Quality and Safety Commissioner, Janet Anderson, told Inside Ageing the Commission is using the full range of its regulatory powers to closely monitor and respond to the COVID-19 pandemic across Australia in response to the pandemic, and to support to aged care services in managing the increased risks of a COVID-19 outbreak. regulatory official means the Commissioner or a quality assessor. 22  Minister may give directions to the Commissioner. The Commission consists of the Commissioner and the staff of the Commission. Aged Care Quality and Safety commissioner Janet Anderson said the commission had spoken with approved providers regarding inappropriate charging for PPE to home care residents. (c)  the person does not return the identity card to the Commissioner within 14 days after ceasing to be an authorised complaints officer. You are here. Published: 15 Nov 2020 . (6)  Without limiting paragraph (4)(e), the rules may do any or all of the following: (a)  require service providers of Commonwealth‑funded aged care services to have a written plan for continuous improvement in the quality of care and services they provide; (b)  make provision in relation to the setting of timetables for improvement in the quality of care and services provided by service providers of Commonwealth‑funded aged care services; (c)  make provision in relation to forms of contact between service providers of Commonwealth‑funded aged care services, and the Commissioner or a quality assessor, for specified purposes; (d)  provide for the conduct of audits of Commonwealth‑funded aged care services in specified circumstances. has the same meaning as in the Aged Care Act. (a)  the Commissioner enters premises because of the consent of the occupier of the premises; and. The Commissioners are required to provide an interim report by 31 October … (1)  The rules may make provision for, or in relation to, the performance of a function conferred on the Commissioner by section 16. means Principles made under section 96‑1 of the Aged Care Act. Aged care residents found to be at greater risk in for-profit homes than government-run ones . Council is pleased to advise of their success in the recent Assessment Contact undertaken by the Aged Care Quality and Safety Commission at Yallambee Lodge in Cooma. (b)  the officer has not shown the occupier the officer’s identity card before entering the premises; the officer must do so on, or as soon as is reasonably practicable after, entering the premises. (b)  a regulatory official enters premises in accordance with section 68. It has the functions of providing: (a)     on its own initiative or on request, advice to the Commissioner in relation to the Commissioner’s functions; and. (1)  The Minister must cause an independent review of the operation of this Act and the rules to be conducted within 6 months after the fifth anniversary of the commencement of this Act. The Royal Commission into Aged Care Quality and Safety explained. (4)  Subsection (1) does not apply to a disclosure of information if: (a)  the disclosure is to the person or body to whom the information relates; or. Individual registration. This Part deals with miscellaneous matters such as delegations and the making of rules. (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act. This Act is the Aged Care Quality and Safety Commission Act 2018. FAQs; Contact; Search. Note:          A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code). Please note: the Quality Standards resources are not available for hard copy order. Commission Act and Rules; Infection Control Spot Checks; Visitor access for residential aged care services The arrangements in place to regulate the quality and safety of these programs will also be described in this paper. (1)  The Minister may, by legislative instrument, give written directions to the Advisory Council about the performance of the Advisory Council’s functions. aged care service has the same meaning as in the Aged Care Act. (a)  an authorised complaint officer enters premises because of the consent of the occupier of the premises; and. Advisory Council member means a member of the Advisory Council and includes the Chair. (1)  The Commissioner may, in writing, appoint a person who is a member of the staff of the Commission as an authorised complaints officer for either or both of the following purposes: (a)  the purposes of Divisions 2 and 4 of this Part; (2)  The Commissioner must not appoint a person as an authorised complaints officer under subsection (1) unless the Commissioner is satisfied that the person has suitable training or experience to properly perform the functions, or exercise the powers, of an authorised complaints officer. The Aged Care Legislation Amendment (New Commissioner Functions) Bill 2019 takes effect from 1 January 2020. The Minister is to appoint the Commissioner and may give written directions about the performance of the Commissioner’s functions. Exceptional Circumstances During the COVID-19 pandemic, the Aged Care Quality and Safety Commission has temporarily modified our Regulatory Program, including the suspension of site audits to determine whether to accredit, not to re-accredit or vary the periods of accreditation for a service. The complaints functions of the Commissioner are to, in accordance with rules, deal with complaints made, or information given, to the Commissioner about the following matters: (a)  an approved provider’s responsibilities under the Aged Care Act or the Aged Care Principles; (b)  the responsibilities of a service provider of a Commonwealth‑funded aged care service under the funding agreement that relates to the service. The functions of the Advisory Council are: (a)  on its own initiative or at the request of the Commissioner, to provide advice to the Commissioner in relation to the Commissioner’s functions; and. (3)  An Advisory Council member is to be paid the allowances that are specified in the rules. (ii)  is, for any reason, unable to perform the duties of the office. But you can use them to help support your decisions around quality. Aged Care Quality and Safety Commission (ACQSC) releases new outbreak management guide for residential providers Published on December 4, 2020 Commissioner Janet Anderson PSM has warned operators to stay alert and on guard against potential COVID-19 outbreaks in their services, saying the sector can’t afford to be complacent. Division 3—Powers of regulatory officials in relation to premises, 68  Power to enter premises and exercise search powers for regulatory purposes. that relates to a Commonwealth‑funded aged care service: see subsection 8(2). Certain information must be shared by the Commissioner and Secretary for the purposes of their functions or powers. 21  Rules may make provision for, or in relation to, the performance of a function of the Commissioner. 8 Meaning of Commonwealth-funded aged care service etc. Commonwealth‑funded aged care service: see subsection 8(1). (2)  Before the regulatory official makes a request of an approved provider under subsection (1), the official must inform the provider that the provider has a responsibility under paragraph 63‑1(1)(ba) of the Aged Care Act to cooperate with a person who is exercising powers under this Part. 1 October 2020. (2)  The regulatory official may do the following for the regulatory purpose: (b)  exercise the search powers in relation to the premises. It also resolves complaints about these services. (ii)  the person should be reported to a body responsible for standards of conduct in the profession; to that body, for the purposes of maintaining standards of professional conduct in the profession; and, (g)  if a person has temporarily taken over the provision of care through a particular service to aged care consumers—to the person for the purposes of enabling the person to properly provide that care; and. (3)  A consent may be expressed to be limited to entry during a particular period. Find an accreditation report on a home; Finding an aged care service; Charter of Aged Care Rights; Quality Standards consumer resources; Consumer resources; Medication. (iii)  discloses the information to another person. 60  Prohibition on use or disclosure etc. Note:          Failure to comply with that responsibility may result in a sanction being imposed on the approved provider under Part 4.4 of the Aged Care Act. means the Aged Care Quality and Safety Commission established by section 11. means the Commissioner of the Commission. This is a compilation of the Aged Care Quality and Safety Commission Act 2018 that shows the text of the law as amended and in force on 1 January 2020 (the compilation date). (2)  The disclosure must be made as soon as possible after the relevant facts have come to the Advisory Council member’s knowledge. complaints functions: see section … (3)  The disclosure must be recorded in the minutes of the meeting of the Advisory Council. (a)  the person has been issued with an identity card; and, (b)  the person ceases to be an authorised complaints officer; and. Search. The Commissioners are Honourable Tony Pagone QC, and Lynelle Briggs AO. We use cookies to collect and analyse information to give you the best experience on our website. The Commissioner, Janet Anderson PSM, has announced the Commission will be interviewing Home Care Package recipients or their representatives … (b)  the disclosure is to the Minister or the Secretary. If you are a non-service provider organisation seeking access to Alis for your staff, … Home; Contacts; Aged Care Quality and Safety Commission . Note:          For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901. (5)  For the purposes of making a determination under subsection (4), the Advisory Council member: (a)  must not be present during any deliberation of the Advisory Council for the purpose of making the determination; and. (1)  The Commissioner may make publicly available the following information about a Commonwealth‑funded aged care service: (b)  the number of persons who are recipients of the service; (d)  the facilities and activities available to persons who are recipients of the service; (e)  the name of the service provider of the service; (f)  information about the variety and type of service provided by the service provider; (g)  information about the service provider’s performance in relation to the provider’s responsibilities under the funding agreement that relates to the service; (h)  any action taken, or intended to be taken, under this Act or the rules to protect the welfare of persons who are recipients of the service, and the reasons for that action; (i)  any other information of a kind specified in the rules for the purposes of this paragraph. The Care Quality Commission monitors, inspects and regulates hospitals, care homes, GP surgeries, dental practices and other care services to make sure they meet fundamental standards of quality and safety and publishes what it finds, including performance ratings to help people choose care. Commission means the Aged Care Quality and Safety Commission established by section 11. care has the same meaning as in the Aged Care Act. (b)  to produce any documents or records requested by the official. If they are unable to do this or the provider is unable to resolve their concern, they should then contact the Aged Care Quality and Safety Commission online via the Commission's website, or by telephoning 1800 951 822. Division 5—Appointment of authorised complaints officers etc. (b)  to conduct quality reviews of the following services in accordance with the rules: (ii)  any other aged care services of a kind specified in the rules; (iii)  Commonwealth‑funded aged care services; and. (1)  The Commissioner may disclose protected information: (a)  if the Commissioner determines, in writing, that it is necessary in the public interest to disclose the information in a particular case—to such persons and for such purposes as the Commissioner determines; and, (b)  to a person who is, in the opinion of the Commissioner, expressly or impliedly authorised by the person or body to whom the information relates to obtain it; and, (c)  to the Secretary to assist in the performance of the functions, or the exercise of the powers, of the Secretary; and, (d)  to the Chief Executive Medicare for the purposes of payment of subsidies under the Aged Care Act; and, (e)  if the Commissioner believes, on reasonable grounds, that the disclosure is necessary to prevent or lessen a serious risk to the safety, health or well‑being of an aged care consumer—to such persons as the Commissioner determines, for the purpose of preventing or lessening the risk; and. 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