A Bill for an Act to amend the Aged Care Quality and Safety Commission Act 2018
The Parliament of Australia enacts:
1 Short title
This Act is the Aged Care Quality and Safety Commission Amendment (Worker Screening Database) Act 2019.
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Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendments
Aged Care Quality and Safety Commission Act 2018
1 Section 7
Insert:
aged care worker screening check means an assessment, under an aged care worker screening law, of whether a person who works, or seeks to work, with aged care consumers poses a risk to such people.
aged care worker screening database means the database established under section 54A.
aged care worker screening law means a law of a State or Territory determined in an instrument under section 9A.
disclose, in relation to information in the aged care worker screening database, includes provide electronic access to the information.
2 At the end of Part 1
Add:
9A Meaning of aged care worker screening law
(1) The Minister may, by legislative instrument, determine a law of a State or Territory for the purposes of the definition of aged care worker screening law in section 7, with the agreement of that State or Territory.
Note: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument (see subsection 44(1) of that Act).
(2) Before determining a law of a State or Territory, the Minister must be satisfied that the law establishes a scheme for the screening of persons working with, or seeking to work with, aged care consumers.
3 After Part 6
Insert:
Part 6A—Aged care worker screening database
54A Simplified outline of this Part
• The Commissioner must establish, operate and maintain the aged care worker screening database.
• The database will keep a record of decisions made in relation to persons who have made an application for an assessment of whether they, in working, or seeking to work, with aged care consumers pose a risk to such people.
54B Aged care worker screening database
(1) The Commissioner must establish, operate and maintain a database for the purposes of this Act, to be known as the aged care worker screening database.
(2) The aged care worker screening database must be kept in electronic form.
Purposes of the database
(3) The purposes of the aged care worker screening database are the following:
(a) to maintain an up‑to‑date record of persons who, under decisions made under aged care worker screening laws, have been found, in working, or seeking to work, with aged care consumers not to pose a risk, or to pose a risk, to such people;
(b) in relation to persons covered by paragraph (a)—to maintain an up‑to‑date record of other decisions that relate to the decisions covered by that paragraph;
(c) to share information in the database with persons or bodies (including employers and potential employers) that deal with people who work, or seek to work, with aged care consumers;
(d) any other purpose determined in an instrument under subsection (8).
(4) Paragraphs (3)(a) to (c) do not limit paragraph (3)(d).
Information in the database
(5) The aged care worker screening database may include the following information for the purposes of subsection (3):
(a) information relating to persons (each of whom is a screening applicant) who have made applications (each of which is a screening application) for an aged care worker screening check and information relating to those applications;
(b) information relating to each screening applicant in respect of whom a screening application is no longer being considered and the reasons for this;
(c) information relating to each screening applicant in respect of whom a decision (a clearance decision) (however described) is in force, under an aged care worker screening law, to the effect that the person, in working, or seeking to work, with aged care consumers does not pose a risk to such people and information relating to the decision;
(d) information relating to any decisions made under an aged care worker screening law, in relation to each screening applicant, while the screening applicant’s application is pending;
(e) information relating to each screening applicant in respect of whom a decision (an exclusion decision) (however described) is in force, under an aged care worker screening law, to the effect that the person, in working, or seeking to work, with aged care consumers does pose a risk to such people and information relating to the decision;
(f) if a clearance decision or an exclusion decision specifies the period for which the decision is in force—information setting out that period;
(g) information relating to each person in respect of whom a decision (however described), under an aged care worker screening law, suspending a clearance decision has been made and information relating to the suspension;
(h) information relating to each person in respect of whom a decision (however described), under an aged care worker screening law, revoking a clearance decision or an exclusion decision has been made and information relating to the revocation;
(i) information relating to employers or potential employers of persons who have made screening applications;
(j) any other information determined in an instrument under subsection (8).
(6) Paragraphs (5)(a) to (i) do not limit paragraph (5)(j).
Database may include personal information
(7) The information included under paragraphs (5)(a) to (j) may include personal information (within the meaning of the Privacy Act 1988).
Legislative instrument
(8) The Minister may, by legislative instrument, do either or both of the following:
(a) determine a purpose for the purposes of paragraph (3)(d);
(b) determine information for the purposes of paragraph (5)(j).
Database not a legislative instrument
(9) The aged care worker screening database is not a legislative instrument.
4 After paragraph 61(1)(f)
Insert:
(fa) if the disclosure is necessary for the purposes of establishing, operating or maintaining the aged care worker screening database—to such persons and for such purposes as the Commissioner determines; and