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Inspector-General of Aged Care Act 2023
In force
Administered by
Department of Health, Disability and Ageing
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C2023A00055
17 August 2023
-
31 October 2025
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Part 1—Preliminary
1 Short title
2 Commencement
3 Objects
4 Simplified outline of this Act
5 Definitions
6 Act binds the Crown
7 Application of this Act
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Part 2—Establishment and functions and powers of the Inspector General of Aged Care
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Division 1—Introduction
8 Simplified outline of this Part
Division 2—Inspector General of Aged Care
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Subdivision A—Inspector General of Aged Care
9 Inspector General of Aged Care
10 Functions of the Inspector General
11 Independence of Inspector General
Subdivision B—Office of the Inspector General of Aged Care
12 Establishment of the Office of the Inspector General of Aged Care
13 Constitution of the Office
14 Functions of the Office
Division 3—Reviews by the Inspector General
Subdivision A—Annual work plans
15 Inspector General must prepare annual work plan
16 Variation of annual work plan
Subdivision B—Process for conducting reviews
17 Reviews by the Inspector General
18 Notice of review
19 Inspector General may invite submissions
20 Submissions may be made publicly available
Subdivision C—Review reports
21 Draft review report
22 Opportunity to respond must be given before including certain information in draft review report
23 Unauthorised disclosure of draft review reports etc.
24 Final review report
25 Tabling and publication of final review report
26 Certain information not to be included in review reports
Subdivision D—Reporting misconduct by Commonwealth officials
27 Reporting misconduct by Commonwealth officials
Division 4—Other functions and powers
28 Reviews of implementation of Aged Care Royal Commission recommendations
29 Extra reports to Parliament
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Part 3—Administrative provisions
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Division 1—Introduction
30 Simplified outline of this Part
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Division 2—Appointment of the Inspector General
31 Appointment
32 Term of office
33 Acting appointments
34 Remuneration and allowances
35 Leave of absence for Inspector General
36 Other paid work
37 Other terms and conditions
38 Resignation
39 Termination of appointment
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Division 3—Staff and consultants etc.
40 Staff
41 Persons assisting the Inspector General
42 Consultants
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Part 4—Information management
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Division 1—Introduction
43 Simplified outline of this Part
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Division 2—Information gathering powers
44 Power of Inspector General to obtain information
45 Information that must be given in private
46 False or misleading information
47 False or misleading documents
48 Inspector General may retain documents and things
49 When documents and things must be returned
50 Access to premises etc.
51 Privilege against self incrimination and penalty privilege
52 Legal professional privilege
53 Secrecy provisions
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Division 3—Protections relating to disclosing information
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Subdivision A—Protecting identity of disclosers in certain circumstances
54 Disclosures qualifying for protection
55 Confidentiality of identity of disclosers
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Subdivision B—Protection from victimisation
56 Victimisation prohibited
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Subdivision C—Immunity from liability for certain disclosures
57 Disclosures qualifying for protection
58 Disclosure that qualifies for protection not actionable etc.
59 Liability for false or misleading disclosures unaffected
60 Person’s liability for own conduct not affected
61 Claims for protection
62 Protection has effect despite other Commonwealth laws
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Division 4—Secrecy of information
63 Unauthorised use or disclosure of protected information
64 Authorisations to use or disclose information
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Part 5—Compliance and enforcement
65 Simplified outline of this Part
66 Civil penalty provisions
67 Physical elements of offences
68 Contravening an offence provision or a civil penalty provision
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Part 6—Miscellaneous
69 Simplified outline of this Part
70 Protection from liability
71 Annual report
72 Delegation by the Inspector General
73 Regulations
