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Aged Care Quality and Safety Commission Act 2018
No longer in force
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Administered by
Department of Health, Disability and Ageing
Superseded version
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C2018A00149
10 December 2018
-
31 December 2019
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Table of contents
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Part 1—Preliminary
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Division 1—Preliminary
1 Short title
2 Commencement
3 Act binds the Crown
4 Extension to external Territories
5 Object of this Act
6 Simplified outline of this Act
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Division 2—Definitions
7 Definitions
8 Meaning of Commonwealth-funded aged care service etc.
9 Vacancy in the office of an Advisory Council member
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Part 2—Aged Care Quality and Safety Commission
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Division 1—Introduction
10 Simplified outline of this Part
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Division 2—Establishment etc. of the Commission
11 Establishment of the Aged Care Quality and Safety Commission
12 Constitution of the Commission
13 Function of the Commission
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Part 3—Commissioner
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Division 1—Introduction
14 Simplified outline of this Part
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Division 2—Functions and powers of the Commissioner
15 Commissioner
16 Functions of the Commissioner
17 Consumer engagement functions of the Commissioner
18 Complaints functions of the Commissioner
19 Regulatory functions of the Commissioner
20 Education functions of the Commissioner
21 Rules may make provision for, or in relation to, the performance of a function of the Commissioner
22 Minister may give directions to the Commissioner
23 Fees
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Division 3—Appointment of the Commissioner
24 Appointment
25 Acting Commissioner
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Division 4—Terms and conditions of appointment
26 Remuneration and allowances
27 Leave of absence
28 Other paid work
29 Other terms and conditions
30 Resignation
31 Termination of appointment
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Part 4—Staff of the Commission etc.
32 Simplified outline of this Part
33 Staff
34 Persons assisting the Commissioner
35 Consultants
35A Chief Clinical Advisor
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Part 5—Aged Care Quality and Safety Advisory Council
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Division 1—Introduction
36 Simplified outline of this Part
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Division 2—Establishment and functions of the Advisory Council
37 Establishment of the Aged Care Quality and Safety Advisory Council
38 Functions of the Advisory Council
39 Minister may give directions about the Advisory Council’s functions
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Division 3—Membership of the Advisory Council
40 Membership of the Advisory Council
41 Appointment of Advisory Council members
42 Acting appointments
43 Remuneration and allowances
44 Leave of absence
45 Disclosure of interests to the Minister
46 Disclosure of interests to the Advisory Council
47 Resignation
48 Termination of appointment
49 Other terms and conditions
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Division 4—Procedures of the Advisory Council
50 Procedures of the Advisory Council
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Part 6—Reporting and planning
51 Simplified outline of this Part
52 Annual report
53 Consulting on corporate plans
54 Annual operational plans
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Part 7—Information sharing and confidentiality etc.
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Division 1—Introduction
55 Simplified outline of this Part
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Division 2—Information sharing
56 Commissioner must give information to the Secretary in certain circumstances
57 Secretary must give information to the Commissioner on request
58 Minister may require the Commissioner to prepare reports or give information
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Division 3—Making information publicly available
59 Information about an aged care service may be made publicly available
59A Information about Commonwealth-funded aged care service may be made publicly available
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Division 4—Protected information
60 Prohibition on use or disclosure etc. of protected information
61 Permitted disclosures of protected information by Commissioner
62 Limits on use or disclosure etc. of protected information disclosed by the Commissioner
63 Disclosure to court etc.
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Part 8—Entry and search powers
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Division 1—Introduction
64 Simplified outline of this Part
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Division 2—Powers of authorised complaints officers in relation to premises
65 Power to enter premises and exercise search powers in relation to complaints etc.
66 Consent
67 Asking questions and seeking production of documents
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Division 3—Powers of regulatory officials in relation to premises
68 Power to enter premises and exercise search powers for regulatory purposes
69 Consent
70 Asking questions and seeking production of documents
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Division 4—Search powers
71 Search powers
72 Operating electronic equipment
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Division 5—Appointment of authorised complaints officers etc.
73 Appointment of authorised complaints officers
74 Identity cards
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Part 9—Miscellaneous
75 Simplified outline of this Part
76 Delegation by the Commissioner
76A Review of operation of this Act and the rules
77 Rules