Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Aged Care Act 1997, and for related purposes
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Registered 07 Sep 2017
Introduced Senate 06 Sep 2017
Table of contents.

2016‑2017

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

Aged Care Amendment (Ratio of Skilled Staff to Care Recipients) Bill 2017

 

No.      , 2017

 

(Senator Hinch)

 

 

 

A Bill for an Act to amend the Aged Care Act 1997, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Aged Care Act 1997                                                                                                    3

 

 


A Bill for an Act to amend the Aged Care Act 1997, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Aged Care Amendment (Ratio of Skilled Staff to Care Recipients) Act 2017.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

  

Aged Care Act 1997

1  Paragraph 54‑1(1)(b)

Repeal the paragraph, substitute:

                     (b)  to maintain an adequate and safe ratio of appropriately skilled staff to care recipients, to ensure that the care needs of care recipients are met;

2  At the end of section 54‑1

Add:

             (3)  For the purposes of paragraph (1)(b), the ratio of appropriately skilled staff to care recipients is an adequate and safe ratio if, for aged care provided by an approved provider at a particular time, the ratio of appropriately skilled staff to care recipients is equal to or greater than the minimum ratio required to be provided by the Quality of Care Principles for:

                     (a)  the number of care recipients receiving care through the aged care service at that time; and

                     (b)  the type of care and level of care provided.

3  At the end of Division 54 of Part 4.1

Add:

54‑6  Staff to Care Recipient Ratio Standards

             (1)  The Quality of Care Principles must set out Staff to Care Recipient Ratio Standards. Staff to Care Recipient Ratio Standards are standards for quality of care and quality of life for the provision of aged care.

             (2)  The Staff to Care Recipient Ratio Standards must set out the minimum ratio of appropriately skilled staff to care recipients required to provide care at an aged care service at a particular time taking into account:

                     (a)  the number of recipients receiving care at that time; and

                     (b)  the type of care provided; and

                     (c)  the level of care provided.