Commonwealth of Australia

Aged Care Act 1997

Accreditation Grant Principles 1998

Note: Part 5.4 of the Aged Care Act 1997

Part 5.4 of the Aged Care Act 1997 is about making accreditation grants.

The Aged Care Standards and Accreditation Agency is the body corporate paid an accreditation grant under the accreditation grant agreement for the purposes set out in these Principles. The Agency will monitor new quality assurance arrangements for residential care services.

These Principles set out the procedures to be followed, and the matters to be taken into account, by the Agency for assessment of residential care services, and conditions to which the accreditation grant is subject.

Part 1—Preliminary

2.1 Name of Principles

These Principles are the Accreditation Grant Principles 1998.

2.2 Commencement

These Principles commence on gazettal.

2.3 Definitions

In these Principles:

Accountability Principles means the Accountability Principles 1998 made under subsection 96-1 (1) of the Act.

accreditation grant agreement means an agreement under which an accreditation grant is payable.

Note Accreditation grant agreements are authorised by subsection 80-1 (1) of the Act.

Act means the Aged Care Act 1997.

approved assessor means a person approved under section 2.6 as an assessor for a residential care service.

key personnel:

(a) for an approved provider—has the same meaning as in subsection 9-1 (2) of the Act; or

(b) for a person who is not an approved provider—means the persons who would be the person’s key personnel if the person were an approved provider.

new residential care service means an undertaking through which residential care is proposed to be, but is not being, provided.

representative, for a person receiving care through a residential care service, includes an advocate, carer, legal guardian and relative.

residential care service includes a new residential care service.

Residential Care Standards means the Residential Care Standards in Schedule 3 of the Quality of Care Principles 1997.

transition period means the period after these Principles commence and before 1 January 2001.

Note: Definitions

A number of expressions used in these Principles are defined in the Aged Care Act 1997 (see Dictionary in Schedule 1), including:

∑ accreditation body

∑ accreditation grant

∑ approved provider

∑ care

∑ residential care service.

Part 2—Accreditation grant for assessment of services and promotion of quality care

2.4 Purpose of Part (Act, s 80-1)

This Part sets out functions to be performed by the accreditation body.

Division 1—Conducting assessments

2.5 Assessment of residential care services

(1) The accreditation body must arrange for assessments of residential care services to be conducted during the transition period.

(2) An assessment of a residential care service must take into account whether the level of care provided by the service to care recipients complies with the Residential Care Standards.

(3) The accreditation body may use any of the following indicators to decide the order in which residential care services are to be assessed:

(a) any change of ownership of the service;

(b) the number and seriousness of complaints made against the service;

(d) the results of previous assessments of the service.

2.6 Procedure for assessments

(1) The assessment of the residential care service must be carried out by a person approved by the accreditation body as an assessor (the approved assessor).

(2) Before the assessment is carried out, the accreditation body:

(a) must tell the residential care service, in writing, that the service is to be assessed by an approved assessor; and

(b) must ask the service to provide any information relevant to the assessment.

(3) In carrying out the assessment, the approved assessor:

(a) must act consistently with any provisions of the Accountability Principles applying to the assessment; and

(b) must assess the residential care service’s quality of care against the Residential Care Standards; and

(c) must meet with the approved provider of the service (or key personnel of the approved provider), and persons receiving care through the service (or their representatives), during any on-site assessment to discuss the assessment; and

(d) must meet with the approved provider at the end of any on-site assessment to discuss the assessment; and

(e) must not disclose or communicate to the service, or to key personnel of the service, information identifying persons receiving care through the service (or their representatives).

Note The Accountability Principles set out various aspects of the access that a person may have to a residential care service in carrying out functions under these Principles.

(4) Within 7 days after completing the assessment, the approved assessor must give the accreditation body and the residential care service a written report of the assessment.

(5) The assessment must clearly identify whether or not the residential care service complies with the Residential Care Standards.

2.7 Publication of assessment

Within 28 days after receiving an assessment report, the accreditation body must publish the report.

2.8 Assessment report to be made available

The accreditation body must give a copy of an approved assessor’s report given to the accreditation body to anyone who asks for a copy.

2.9 Consequences of failure to comply with Residential Care Standards

(1) If, in performing its functions, the accreditation body identifies a failure by a residential care service to comply with the Residential Care Standards, the accreditation body must decide whether the failure has placed, or may place, the safety, health or wellbeing of persons receiving care through the service at serious risk.

(2) If the accreditation body decides that the failure has placed, or may place, the safety, health or wellbeing of persons receiving care through the service at serious risk, the accreditation body must immediately tell the Secretary and the service, in writing, about the failure and any concerns of the accreditation body.

(3) If the accreditation body decides that the failure has not placed, and will not place, the safety, health or wellbeing of persons receiving care through the service at serious risk, the accreditation body must tell the residential care service, in writing, about:

(a) the areas in which improvements must be made by the service to ensure that it complies with the Residential Care Standards; and

(b) the timetable to make improvements in the areas; and

(c) the program of visits by an approved assessor to assess progress made by the service in making improvements in the areas.

(4) If, at the end of the timetable, the accreditation body is not satisfied that the level of care provided by the residential care service complies with the Residential Care Standards, the accreditation body must recommend to the Secretary that sanctions under the Act be imposed on the approved provider that operates the service.

(5) If, at the end of the timetable, the accreditation body is satisfied that the level of care provided by the residential care service complies with the Residential Care Standards, the accreditation body and the approved provider that operates the service must agree on arrangements for regular supervision of the service.

(6) If the accreditation body and the residential care service do not agree on the issue mentioned in subsection (5), the accreditation body must:

(a) tell the Secretary that there is no agreement on the issue; and

(b) recommend to the Secretary that sanctions under the Act be imposed on the approved provider that operates the service.

(7) If the accreditation body takes action under subsection (2) or (4), the accreditation body may continue to supervise the residential care service, while the matter is being considered by the Secretary, for either or both of the following reasons:

(a) to ensure that the safety, health or wellbeing of persons receiving care through the service are not placed at serious risk;

(b) to suggest areas in which improvements may be made by the service.

Division 2—Promoting quality care in residential care services

2.10 Promoting and encouraging quality care

(1) The accreditation body must promote and encourage quality care in residential care services.

(2) The accreditation body may, for example:

(a) provide information, education, training and support for residential care services; and

(b) identify and encourage best practice for residential care services.

Part 3—Condition of accreditation grant

2.11 Purpose of Part (Act, s 80-2)

An accreditation grant is subject to various conditions under section 80-2 of the Act. This Part sets out 1 of the conditions.

2.12 Information requested by the Minister

If asked by the Minister, the accreditation body must give the Minister information about any aspect of the accreditation body’s operations.