Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Aged Care Act 1997, and for related purposes
Administered by: Health and Aged Care
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 28 Jul 2022
Introduced HR 27 Jul 2022
Table of contents.

2022

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Aged Care Amendment (Implementing Care Reform) Bill 2022

 

No.      , 2022

 

(Health and Aged Care)

 

 

 

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—Registered nurses                                                                                      3

Aged Care Act 1997                                                                                                    3

Schedule 2—Capping home care charges                                                               5

Aged Care Act 1997                                                                                                    5

Schedule 3—Transparency of information                                                            6

Aged Care Act 1997                                                                                                    6

 

 


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 (Implementing Care Reform) Act 2022.

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.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedule 1

1 April 2023.

1 April 2023

3.  Schedule 2

1 January 2023.

1 January 2023

4.  Schedule 3

1 December 2022.

1 December 2022

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 1Registered nurses

  

Aged Care Act 1997

1  After paragraph 54‑1(1)(b)

Insert:

                   (ba)  if section 54‑1A applies to the provider—to comply with subsection 54‑1A(2);

2  After section 54‑1

Insert:

54‑1A  Responsibility relating to registered nurses

             (1)  This section applies to an approved provider if:

                     (a)  the provider provides:

                              (i)  residential care to care recipients in a residential facility; or

                             (ii)  flexible care of a kind specified in the Quality of Care Principles to care recipients in a residential facility; and

                     (b)  an exemption from this section has not been granted, in accordance with the Quality of Care Principles, to the provider in relation to the residential facility.

             (2)  The provider must, on and after 1 July 2023, ensure at least one registered nurse (within the meaning of the Health Insurance Act 1973) is on site, and on duty, at all times at the residential facility.

             (3)  The Quality of Care Principles may make provision for, or in relation to, the granting of an exemption from this section to an approved provider in relation to a residential facility.

             (4)  Without limiting subsection (3), the Quality of Care Principles may provide for any one or more of the following:

                     (a)  the making of an application for the grant of an exemption from this section to an approved provider in relation to a residential facility;

                     (b)  the circumstances in which an exemption from this section may be granted to an approved provider in relation to a residential facility;

                     (c)  the conditions that apply to an exemption from this section that is granted to an approved provider in relation to a residential facility.

Schedule 2Capping home care charges

  

Aged Care Act 1997

1  After paragraph 56‑2(a)

Insert:

                    (aa)  not to charge for ceasing to provide the care to the care recipient;

                   (ab)  to comply with such requirements as are specified in the User Rights Principles in relation to the prices charged by the approved provider for, or in connection with, the provision of care or services to the care recipient;

2  Application provisions

(1)       Paragraph 56‑2(aa) of the Aged Care Act 1997, as inserted by this Schedule, applies in relation to an approved provider that ceases to provide home care to a care recipient on or after the commencement of this item.

(2)       Paragraph 56‑2(ab) of the Aged Care Act 1997, as inserted by this Schedule, applies in relation to care or services provided on or after the commencement of this item.

Schedule 3Transparency of information

  

Aged Care Act 1997

1  In the appropriate position in Division 86

Insert:

86‑10  Information about aged care services that must be made publicly available

             (1)  The Secretary must, in accordance with the Information Principles, make publicly available information in relation to *aged care services.

             (2)  Without limiting subsection (1), the Information Principles may provide for any or all of the following:

                     (a)  information about the *aged care provided through an *aged care service, or a specified class of aged care services, that must be made publicly available;

                     (b)  information about the approved provider of an aged care service, or a specified class of approved providers of aged care services, that must be made publicly available;

                     (c)  the way in which specified information, or a specified class of information, must be made publicly available;

                     (d)  the period within which specified information, or a specified class of information, must be made publicly available.

             (3)  Information made publicly available under subsection (1) must not include *personal information about an individual (other than an individual who is one of the *key personnel of an approved provider).

2  Application provision

Section 86‑10 of the Aged Care Act 1997, as inserted by this Schedule, applies in relation to information whether the information was acquired or created before, on or after the commencement of this item.