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Aged Care Act 1997
In force
Administered by
Department of Health and Aged Care
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C2023C00303 (C86)
16 October 2023
-
19 October 2023
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Chapter 1—Introduction
Division 1—Preliminary matters
1 1 Short title
1 2 Commencement
1 3 Identifying defined terms
1 4 Tables of Divisions and Subdivisions do not form part of this Act
1 5 Application to continuing care recipients
Division 2—Objects
2 1 The objects of this Act
Division 3—Overview of this Act
3 1 General
3 2 Preliminary matters relating to subsidies (Chapter 2)
3 3 Subsidies
3 3A Fees and payments
3 4 Responsibilities of approved providers (Chapter 4)
3 5 Grants (Chapter 5)
Division 4—Application of this Act
4 1 Application of this Act
4 2 Binding the Crown
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Chapter 2—Preliminary matters relating to subsidies
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Division 5—Introduction
5 1 What this Chapter is about
5 2 Which approvals etc. may be relevant
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Part 2.1—Approved providers
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Division 6—Introduction
6 1 What this Part is about
Division 7—What is the significance of approval as a provider of aged care?
7 1 Pre conditions to receiving subsidy
7 2 Payment of subsidy if approval of provider is restricted to certain aged care services etc.
Division 9—What obligations arise from being an approved provider?
9 1A Obligation to notify Secretary about home care services
9 1 Obligation to notify of a change of circumstances that materially affects the suitability of an approved provider
9 2A Obligation to notify of the occurrence of certain events relating to key personnel of an approved provider
9 2 Obligation to give information relevant to an approved provider’s status etc. when requested
9 3 Obligation to give information relevant to payments
9 3A Obligation to give information relating to refundable deposits, accommodation bonds, entry contributions etc.
9 3B Obligation to give information or documents about ability to refund balances
9 4 Obligations while approval is suspended
Division 10A—Key personnel of approved providers
10A 1 Key personnel of an approved provider must notify of change of circumstances relating to suitability
10A 2 Determination relating to suitability of key personnel of an approved provider
10A 2A Offence relating to failure to take action as required by determination
10A 2B Offence relating to failure to comply with responsibility to consider suitability matters relating to key personnel
10A 3 Remedial orders
Part 2.2—Allocation of places
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Division 11—Introduction
11 1 What this Part is about
11 2 The Allocation Principles
11 3 Meaning of people with special needs
11 4 Explanation of the allocation process
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Division 12—How does the Commonwealth plan its allocations of places?
12 1 The planning process
12 2 Objectives of the planning process
12 3 Minister to determine the number of places available for allocation
12 4 Distributing available places among regions
12 5 Determining proportion of care to be provided to certain groups of people
12 6 Regions
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Division 13—How do people apply for allocations of places?
13 1 Applications for allocations of places
13 2 Invitation to apply
13 3 Application fee
13 4 Requests for further information
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Division 14—How are allocations of places decided?
14 1 Allocation of places
14 2 Competitive assessment of applications for allocations
14 3 Compliance with the invitation
14 4 Waiver of requirements
14 5 Conditions relating to particular allocations
14 6 Conditions relating to allocations generally
14 7 Allocation of places to services with extra service status
14 8 Notification of allocation
14 9 Allocations in situations of emergency
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Division 15—When do allocations of places take effect?
15 1 When allocations take effect
15 2 Provisional allocations
15 3 Applications for determinations
15 4 Variation or revocation of provisional allocations
15 5 Variation of provisional allocations on application
15 5A Variation of region that involves moving provisionally allocated places to a service with extra service status
15 6 Surrendering provisional allocations
15 7 Provisional allocation periods
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Division 16—How are allocated places transferred from one person to another?
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Subdivision 16 A—Transfer of places other than provisionally allocated places
16 1 Application of this Subdivision
16 2 Transfer notice
16 3 Consideration of notices
16 4 Notice to resolve
16 5 Change to proposed transfer day
16 6 Veto notice
16 7 Transfer of places to service with extra service status
16 8 Transfer day
16 9 Effect of transfer on certain matters
16 10 Information to be given to transferee
16 11 Transferors to provide transferee with certain records
Subdivision 16 B—Transfer of provisionally allocated places
16 12 Application of this Subdivision
16 13 Transfer notice
16 14 Consideration of notices
16 15 Notice to resolve
16 16 Change to proposed transfer day
16 17 Veto notice
16 18 Transfer of places to service with extra service status
16 19 Transfer day
16 20 Effect of transfer on certain matters
16 21 Information to be given to transferee
Division 17—How are the conditions for allocations of places varied?
17 1 Variation of allocations
17 2 Applications for variation of allocations
17 3 Requests for further information
17 4 Consideration of applications
17 5 Time limit for decisions on applications
17 6 Notice of decisions
17 7 Variation day
17 8 Variation involving relocation of places to service with extra service status
Division 17A—Revocation of certain conditions for allocations of places
17A 1 Revocation of certain conditions for allocations of places
Division 18—When do allocations cease to have effect?
18 1 Cessation of allocations
18 2 Relinquishing places
18 3 Proposals relating to the care needs of care recipients
18 4 Approved providers’ obligations relating to the care needs of care recipients
18 5 Revocation of unused allocations of places
Part 2.3—Approval of care recipients
Division 19—Introduction
19 1 What this Part is about
19 2 The Approval of Care Recipients Principles
Division 20—What is the significance of approval as a care recipient?
20 1 Care recipients must be approved before subsidy can be paid
20 2 Effect of limitation of approvals
Division 21—Who is eligible for approval as a care recipient?
21 1 Eligibility for approval
21 2 Eligibility to receive residential care
21 3 Eligibility to receive home care
21 4 Eligibility to receive flexible care
Division 22—How does a person become approved as a care recipient?
22 1 Approval as a care recipient
22 2 Limitation of approvals
22 2A Priority for home care services
22 3 Applications for approval
22 4 Assessments of care needs
22 5 Date of effect of approval
22 6 Notification of decisions
Division 23—When does an approval cease to have effect?
23 1 Expiration, lapse or revocation of approvals
23 2 Expiration of time limited approvals
23 3 Circumstances in which approval for flexible care lapses
23 4 Revocation of approvals
Part 2.3A—Prioritisation of home care recipients
Division 23A—Introduction
23A 1 What this Part is about
Division 23B—Prioritised home care recipients
23B 1 Determination that a person is a prioritised home care recipient
23B 2 Variation of level of care in relation to which a person is a prioritised home care recipient
23B 3 Cessation of determinations
23B 4 Use of computer programs to make decisions
Part 2.4—Classification of care recipients before the transition day
Division 24—Introduction
24 1 What this Part is about
24 2 The Classification Principles
Division 25—How are care recipients classified?
25 1 Classification of care recipients
25 2 Classification levels
25 3 Appraisals of the level of care needed
25 4 Suspending approved providers from making appraisals and reappraisals
25 4A Stay of suspension agreements
25 4B Stayed suspension may take effect
25 4C Applications for lifting of suspension
25 4D Requests for further information
25 4E Notification of Secretary’s decision
25 5 Authorisation of another person to make appraisals or reappraisals
Division 26—When do classifications take effect?
26 1 Appraisals received within the appropriate period—care other than respite care
26 2 Appraisals not received within the appropriate period—care other than respite care
26 3 When respite care classifications take effect
Division 27—Expiry and renewal of classifications
27 1 When do classifications cease to have effect?
27 2 Expiry dates and reappraisal periods
27 3 Reappraisal required by Secretary
27 4 Reappraisal at initiative of approved provider
27 5 Requirements for reappraisals
27 5A Certain expiry date reappraisals must not be made
27 6 Renewal of classifications
27 7 Date of effect of renewal of classification that has an expiry date—reappraisal received during reappraisal period
27 8 Date of effect of renewal of classification that has an expiry date—reappraisal received after reappraisal period
27 9 Date of effect of renewal—reappraisals at initiative of approved provider
Division 29—How are classifications changed?
29 1 Changing classifications
29 2 Date of effect of change
Division 29A—Civil penalty for incorrect classifications
29A 1 Warning notices
29A 2 Civil penalty
29A 3 When changes are significant
Part 2.4A—Classification of care recipients on or after the transition day
Division 29B—Introduction
29B 1 What this Part is about
29B 2 The Classification Principles
Division 29C—How are care recipients classified?
29C 1 Application of this Division
29C 2 Classification of care recipients
29C 3 Secretary may assess care recipient
29C 4 Care recipients may have classifications for both respite and non respite care
29C 5 Classification levels
29C 6 Exclusion of classes of care recipients
29C 7 Classifications of persons who cease to be care recipients
29C 8 Use of computer programs to make decisions
Division 29D—How are care recipients reclassified?
29D 1 Reclassification of care recipients
Division 29E—How are classifications changed?
29E 1 Changing classifications
Part 2.5—Extra service places
Division 30—Introduction
30 1 What this Part is about
30 2 The Extra Service Principles
30 3 Meaning of distinct part
Division 31—When is a place an extra service place?
31 1 Extra service place
31 3 Effect of allocation, transfer or variation of places to services with extra service status
Division 32—How is extra service status granted?
32 1 Grants of extra service status
32 2 Invitations to apply
32 3 Applications for extra service status
32 4 Criteria to be considered by Secretary
32 5 Competitive assessment of applications
32 6 Application fee
32 7 Maximum proportion of places
32 8 Conditions of grant of extra service status
32 9 Notification of extra service status
Division 33—When does extra service status cease?
33 1 Cessation of extra service status
33 3 Lapsing of extra service status
33 4 Revocation or suspension of extra service status at approved provider’s request
Division 35—How are extra service fees approved?
35 1 Approval of extra service fees
35 2 Applications for approval
35 3 Rules about amount of extra service fee
35 4 Notification of decision
Division 36—When is residential care provided on an extra service basis?
36 1 Provision of residential care on extra service basis
36 2 Extra service agreements not to be entered under duress etc.
36 3 Contents of extra service agreements
36 4 Additional protection for existing residents
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Chapter 3—Subsidies
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Division 40—Introduction
40 1 What this Chapter is about
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Part 3.1—Residential care subsidy
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Division 41—Introduction
41 1 What this Part is about
41 2 The Subsidy Principles
41 3 Meaning of residential care
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Division 42—Who is eligible for residential care subsidy?
42 1 Eligibility for residential care subsidy
42 2 Leave from residential care services
42 2A Determining situations of emergency to enable additional leave
42 3 Working out periods of leave
42 4 Accreditation requirement
42 5 Determinations allowing for exceptional circumstances
42 6 Revocation of determinations
42 7 Exceeding the number of places for which there is an allocation
42 8 Notice of refusal to pay residential care subsidy
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Division 43—How is residential care subsidy paid?
43 1 Payment of residential care subsidy
43 2 Meaning of payment period
43 3 Advances
43 4 Claims for residential care subsidy
43 4A Variations of claims for residential care subsidy
43 5 Deductions for fees
43 6 Capital repayment deductions
43 9 Recovery of overpayments
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Division 44—What is the amount of residential care subsidy?
44 1 What this Division is about
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Subdivision 44 A—Working out the amount of residential care subsidy
44 2 Amount of residential care subsidy
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Subdivision 44 B—The basic subsidy amount
44 3 The basic subsidy amount
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Subdivision 44 C—Primary supplements
44 5 Primary supplements
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Subdivision 44 D—Reductions in subsidy
44 17 Reductions in subsidy
44 20 The compensation payment reduction
44 20A Secretary’s powers if compensation information is not given
44 21 The care subsidy reduction
44 22 Working out the means tested amount
44 23 Care subsidy reduction taken to be zero in some circumstances
44 24 The care recipient’s total assessable income
44 26 The care recipient’s total assessable income free area
44 26A The value of a person’s assets
44 26B Definitions relating to the value of a person’s assets
44 26C Determination of value of person’s assets
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Subdivision 44 F—Other supplements
44 27 Other supplements
44 28 The accommodation supplement
44 30 The hardship supplement
44 31 Determining cases of financial hardship
44 32 Revoking determinations of financial hardship
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Part 3.2—Home care subsidy
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Division 45—Introduction
45 1 What this Part is about
45 2 The Subsidy Principles
45 3 Meaning of home care
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Division 46—Who is eligible for home care subsidy?
46 1 Eligibility for home care subsidy
46 2 Suspension of home care services
46 4 Notice of refusal to pay home care subsidy
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Division 47—On what basis is home care subsidy paid?
47 1 Payability of home care subsidy
47 2 Meaning of payment period
47 4 Claims for home care subsidy
47 4A Variations of claims for home care subsidy
47 5 Recovery of overpayments
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Division 48—What is the amount of home care subsidy?
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Subdivision A—Amount of home care subsidy
48 1 Amount of home care subsidy
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Subdivision B—Commonwealth contribution amount
48 1A Commonwealth contribution amount
48 2 The basic subsidy amount
48 3 Primary supplements
48 4 Reductions in subsidy
48 5 The compensation payment reduction
48 6 Secretary’s powers if compensation information is not given
48 7 The care subsidy reduction
48 8 Care subsidy reduction taken to be zero in some circumstances
48 9 Other supplements
48 10 The hardship supplement
48 11 Determining cases of financial hardship
48 12 Revoking determinations of financial hardship
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Subdivision C—Shortfall amount
48 13 Shortfall amount
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Subdivision D—Home care accounts
48 14 Home care account
48 15 Home care credits
48 16 Home care debits
48 17 Home care account balance
48 18 When home care account ceases
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Part 3.3—Flexible care subsidy
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Division 49—Introduction
49 1 What this Part is about
49 2 The Subsidy Principles
49 3 Meaning of flexible care
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Division 50—Who is eligible for flexible care subsidy?
50 1 Eligibility for flexible care subsidy
50 2 Kinds of care for which flexible care subsidy may be payable
50 3 Exceeding the number of places for which there is an allocation
50 4 Notice of refusal to pay flexible care subsidy
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Division 51—On what basis is flexible care subsidy paid?
51 1 Payment of flexible care subsidy
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Division 52—What is the amount of flexible care subsidy?
52 1 Amounts of flexible care subsidy
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Chapter 3A—Fees and payments
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Division 52A—Introduction
52A 1 What this Chapter is about
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Part 3A.1—Resident and home care fees
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Division 52B—Introduction
52B 1 What this Part is about
52B 2 The Fees and Payments Principles
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Division 52C—Resident fees
52C 2 Rules relating to resident fees
52C 3 Maximum daily amount of resident fees
52C 4 The standard resident contribution
52C 5 Maximum daily amount of resident fees for reserving a place
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Division 52D—Home care fees
52D 1 Rules relating to home care fees
52D 2 Maximum daily amount of home care fees
52D 3 The basic daily care fee
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Part 3A.2—Accommodation payments and accommodation contributions
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Division 52E—Introduction
52E 1 What this Part is about
52E 2 The Fees and Payments Principles
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Division 52F—Accommodation agreements
52F 1 Information to be given before person enters residential or eligible flexible care
52F 2 Approved provider must enter accommodation agreement
52F 3 Accommodation agreements
52F 4 Refundable deposit not to be required for entry
52F 5 Accommodation agreements for flexible care
52F 6 Accommodation agreements may be included in another agreement
52F 7 Effect of accommodation agreements
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Division 52G—Rules about accommodation payments and accommodation contributions
52G 1 What this Division is about
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Subdivision 52G A—Rules about accommodation payments
52G 2 Rules about charging accommodation payments
52G 3 Minister may determine maximum amount of accommodation payment
52G 4 Pricing Authority may approve higher maximum amount of accommodation payment
52G 5 Accommodation payments must not be greater than amounts set out in accommodation agreements
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Subdivision 52G B—Rules about accommodation contributions
52G 6 Rules about charging accommodation contribution
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Division 52H—Rules about daily payments
52H 1 Payment in advance
52H 2 When daily payments accrue
52H 3 Charging interest
52H 4 The Fees and Payments Principles
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Division 52J—Rules about refundable deposits
52J 2 When refundable deposits can be paid
52J 3 The Fees and Payments Principles
52J 5 Person must be left with minimum assets
52J 6 Approved provider may retain income derived
52J 7 Amounts to be deducted from refundable deposits
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Division 52K—Financial hardship
52K 1 Determining cases of financial hardship
52K 2 Revoking determinations of financial hardship
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Part 3A.3—Managing refundable deposits, accommodation bonds and entry contributions
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Division 52L—Introduction
52L 1 What this Part is about
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Division 52M—Prudential requirements
52M 1 Compliance with prudential requirements
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Division 52N—Permitted uses
52N 1 Refundable deposits and accommodation bonds to be used only for permitted purposes
52N 2 Offences relating to non permitted use of refundable deposits and accommodation bonds
52N 3 Request to give information or documents relating to the use of a refundable deposit or accommodation bond to make a loan
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Division 52P—Refunds
52P 1 Refunding refundable deposit balances
52P 2 Refunding refundable deposit balances—former approved providers
52P 3 Payment of interest
52P 4 Delaying refunds to secure re entry
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Chapter 4—Responsibilities of approved providers
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Division 53—Introduction
53 1 What this Chapter is about
53 2 Failure to meet responsibilities does not have consequences apart from under this Act
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Part 4.1—Quality of care
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Division 54—Quality of care
54 1 Responsibilities of approved providers
54 1A Responsibility relating to registered nurses
54 2 Aged Care Quality Standards
54 3 Reportable incidents
54 4 Disclosures qualifying for protection
54 5 Disclosure that qualifies for protection not actionable etc.
54 6 Victimisation prohibited
54 7 Right to compensation
54 8 Approved providers’ responsibilities in relation to informants
54 9 Restrictive practice in relation to a care recipient
54 10 Matters that Quality of Care Principles must require etc.
54 11 Immunity from civil or criminal liability in relation to the use of a restrictive practice in certain circumstances
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Part 4.2—User rights
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Division 55—Introduction
55 1 What this Part is about
55 2 The User Rights Principles
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Division 56—What are the general responsibilities relating to user rights?
56 1 Responsibilities of approved providers—residential care
56 2 Responsibilities of approved providers—home care
56 3 Responsibilities of approved providers—flexible care
56 4 Complaints resolution mechanisms
56 5 Extent to which responsibilities apply
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Division 59—What are the requirements for resident agreements?
59 1 Requirements for resident agreements
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Division 61—What are the requirements for home care agreements?
61 1 Requirements for home care agreements
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Division 62—What are the responsibilities relating to protection of personal information?
62 1 Responsibilities relating to protection of personal information
62 2 Giving personal information to courts etc.
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Part 4.3—Accountability etc.
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Division 63—Accountability etc.
63 1 Responsibilities of approved providers
63 1A Responsibilities relating to the suitability of key personnel of an approved provider
63 1BA Responsibility relating to the cessation of the provision of certain residential care
63 1B Responsibility relating to recording entry of new residents
63 1C Responsibility relating to circumstances materially affecting an approved provider’s suitability to provide aged care
63 1D Responsibilities of certain approved providers relating to their governing bodies etc.
63 1E Determination that certain responsibilities relating to the governing body of an approved provider do not apply
63 1F Variation or revocation of determination on the Quality and Safety Commissioner’s own initiative
63 1G Responsibility relating to the giving of information relating to reporting periods
63 1H Responsibility relating to constitution of approved providers that are wholly owned subsidiary corporations
63 2 Annual report on the operation of the Act
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Chapter 5—Grants
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Division 69—Introduction
69 1 What this Chapter is about
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Part 5.1—Residential care grants
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Division 70—Introduction
70 1 What this Part is about
70 2 The Grant Principles
70 3 Meaning of capital works costs
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Division 71—How do people apply for allocations of residential care grants?
71 1 Applications for residential care grants
71 2 Invitation to apply
71 3 Requests for further information
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Division 72—How are residential care grants allocated?
72 1 Allocation of residential care grants
72 4 Compliance with the invitation
72 5 Waiver of requirements
72 6 Notification of allocation
72 7 Notice to unsuccessful applicants
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Division 73—On what basis are residential care grants paid?
73 1 Basis on which residential care grants are paid
73 3 Grants payable only if certain conditions met
73 4 Variation or revocation of allocations
73 5 Variation of allocations on application of approved provider
73 6 Agreement taken to be varied
73 7 Appropriation
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Division 74—How much is a residential care grant?
74 1 The amount of a residential care grant
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Part 5.5—Advocacy grants
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Division 81—Advocacy grants
81 1 Advocacy grants
81 2 Applications for advocacy grants
81 3 Deciding whether to make advocacy grants
81 4 Conditions of advocacy grants
81 5 Appropriation
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Part 5.6—Community visitors grants
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Division 82—Community visitors grants
82 1 Community visitors grants
82 2 Applications for community visitors grants
82 3 Deciding whether to make community visitors grants
82 4 Conditions of community visitors grants
82 5 Appropriation
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Part 5.7—Other grants
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Division 83—Other grants
83 1 Other grants
83 2 Conditions of other grants
83 3 Appropriation
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Chapter 6—Administration
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Division 84—Introduction
84 1 What this Chapter is about
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Part 6.1—Reconsideration and review of decisions
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Division 85—Reconsideration and review of decisions
85 1 Reviewable decisions
85 2 Deadlines for making reviewable decisions
85 3 Reasons for reviewable decisions
85 4 Reconsidering reviewable decisions
85 5 Reconsideration of reviewable decisions
85 6 Application fee for reconsideration of decision to change classification of care recipient
85 8 AAT review of reviewable decisions
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Part 6.2—Protection of information
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Division 86—Protection of information
86 1 Meaning of protected information
86 2 Use of protected information
86 3 Disclosure of protected information for other purposes
86 4 Disclosure of protected information by people conducting assessments
86 4A Disclosure of certain protected information by officials of the Pricing Authority
86 5 Limits on use of information disclosed under section 86 3, 86 4 or 86 4A
86 6 Limits on use of protected information disclosed under certain legislation
86 7 Limits on use of protected information by certain Departments
86 8 Disclosure to court
86 9 Information about an aged care service
86 10 Information about aged care services that must be made publicly available
86 11 Publishing star ratings for residential care services
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Part 6.3—Record keeping
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Division 87—Introduction
87 1 What this Part is about
87 2 Records Principles
87 3 Failure to meet obligations does not have consequences apart from under this Act
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Division 88—What records must an approved provider keep?
88 1 Approved provider to keep and retain certain records
88 2 Approved providers to keep records specified in Records Principles
88 3 False or misleading records
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Division 89—What records must a person who was an approved provider retain?
89 1 Former approved provider to retain records
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Part 6.4—Compliance and enforcement powers
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Division 90—Introduction
90 1 Simplified outline of this Part
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Division 91—Entry and search powers relating to certain applications and grants
91 1 Power to enter premises and exercise search powers in relation to certain applications and grants
91 2 Consent
91 3 Search powers
91 4 Asking questions and seeking production of documents
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Division 92—Regulatory powers
92 1 Monitoring powers
92 2 Modifications of Part 2 of the Regulatory Powers Act
92 3 Investigation powers
92 4 Modifications of Part 3 of the Regulatory Powers Act
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Division 93—Notice to attend to answer questions etc.
93 1 Notice to attend to answer questions etc. relevant to certain matters
93 2 Attending before authorised officer to answer questions
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Division 94—Appointment of authorised officers
94 1 Authorised officers must carry identity card
94 2 Appointment of authorised officers
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Part 6.5—Recovery of overpayments
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Division 95—Recovery of overpayments
95 1 Recoverable amounts
95 2 Recoverable amount is a debt
95 3 Recovery by deductions from amounts payable to debtor
95 4 Recovery where there is a transfer of places
95 5 Refund to transferee if Commonwealth makes double recovery
95 6 Write off and waiver of debt
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Part 6.8—Home care assurance reviews
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Division 95BA—Home care assurance reviews
95BA 1 Home care assurance reviews
95BA 2 Scope of assurance reviews
95BA 3 Reports on assurance reviews
95BA 4 Assistance in conducting and reporting on assurance reviews
95BA 5 Notice to give information or documents
95BA 6 Notice to answer questions
95BA 7 Duty to provide all reasonable facilities and assistance
95BA 8 Request for information or documents
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Chapter 7—Miscellaneous
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Division 95C—Civil penalties
95C 1 Civil penalty provisions
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Division 96—Miscellaneous
96 1 Principles
96 2 Delegation of Secretary’s powers and functions
96 2A Identity cards for certain delegates
96 3 Committees
96 4 Care provided on behalf of an approved provider
96 5 Care recipients etc. lacking capacity to enter agreements
96 6 Applications etc. on behalf of care recipients
96 7 Withdrawal of applications
96 9 Application of the Criminal Code
96 10 Appropriation
96 13 Regulations
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Schedule 1—Dictionary
1 Definitions
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
