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Principles as amended, taking into account amendments up to Aged Care Legislation Amendment (Vaccination Information) Principles (No. 2) 2021
Administered by: Health
Registered 11 Jan 2022
Start Date 22 Dec 2021
Date of repeal 23 Dec 2021
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

Commonwealth Coat of Arms of Australia

Aged Care Legislation Amendment (Service Staff Vaccination Recording and Reporting) Principles 2021

made under section 961 of the

Aged Care Act 1997

Compilation No. 1

Compilation date:                              22 December 2021

Includes amendments up to:            F2021L01873

Registered:                                         11 January 2022

About this compilation

This compilation

This is a compilation of the Aged Care Legislation Amendment (Service Staff Vaccination Recording and Reporting) Principles 2021 that shows the text of the law as amended and in force on 22 December 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments commencing day after registration                                           2

Accountability Principles 2014                                                                                                          2

Records Principles 2014                                                                                                                      3

Endnotes                                                                                                                                                                 5

Endnote 1—About the endnotes                                                                                                        5

Endnote 2—Abbreviation key                                                                                                            6

Endnote 3—Legislation history                                                                                                         7

Endnote 4—Amendment history                                                                                                       8

 


1  Name

                   This instrument is the Aged Care Legislation Amendment (Service Staff Vaccination Recording and Reporting) Principles 2021.

3  Authority

                   This instrument is made under the Aged Care Act 1997.

4  Schedules

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

 


Schedule 1Amendments commencing day after registration

  

Accountability Principles 2014

1  Section 4

Insert:

multi‑purpose service has the meaning given by section 104 of the Subsidy Principles 2014.

residential care setting has the meaning given by section 4 of the Subsidy Principles 2014.

service staff, in relation to an aged care service, has the meaning given by section 4 of the Quality of Care Principles 2014.

2  At the end of Part 3

Add:

Division 3Information about vaccinations

30B  Purpose of this Division

                   For the purposes of paragraph 63‑1(1)(m) of the Act, this Division specifies the responsibility of an approved provider of certain kinds of aged care services to give a report to the Secretary about the number of service staff in relation to the service who have voluntarily informed the approved provider that they have received certain vaccinations.

30C  Reports about service staff who have received COVID‑19 vaccinations

Residential care services and certain flexible care services

             (1)  An approved provider of:

                     (a)  a residential care service; or

                     (b)  a flexible care service through which short‑term restorative care is provided in a residential care setting;

must, on each reporting day, give the Secretary a report, in a form approved by the Secretary, that sets out the following information:

                     (c)  the total number of service staff in relation to the service;

                     (d)  the number of those service staff who have voluntarily informed the approved provider that they have received a single dose of a COVID‑19 vaccine;

                     (e)  the number of those service staff who have voluntarily informed the approved provider that they have received all required doses of a COVID‑19 vaccine.

Multi‑purpose services

             (2)  An approved provider of a multi‑purpose service must, on each reporting day, give the Secretary a report, in a form approved by the Secretary, that sets out the following information:

                     (a)  the total number of service staff in relation to the service who access, or are reasonably likely to access, any premises where residential care is provided through the service;

                     (b)  the number of those service staff who have voluntarily informed the approved provider that they have received a single dose of a COVID‑19 vaccine;

                     (c)  the number of those service staff who have voluntarily informed the approved provider that they have received all required doses of a COVID‑19 vaccine.

Exceptions

             (3)  However, an approved provider is not required to give the Secretary a report under subsection (1) or (2) on a reporting day after 15 June 2021 if the number of service staff referred to in paragraphs (1)(d) and (e), or paragraphs (2)(b) and (c), (as the case requires) is the same as in the last report given by the approved provider under subsection (1) or (2).

Meaning of reporting day

             (4)  In this section:

reporting day means:

                     (a)  15 June 2021; and

                     (b)  each subsequent Tuesday.

Records Principles 2014

3  Section 4

Insert:

multi‑purpose service has the meaning given by section 104 of the Subsidy Principles 2014.

residential care setting has the meaning given by section 4 of the Subsidy Principles 2014.

short‑term restorative care has the meaning given by section 106A of the Subsidy Principles 2014.

4  Section 10A

Omit “of the number of service staff that receive an influenza vaccination each calendar year”, substitute “, for each calendar year, of the number of service staff in relation to the service who have voluntarily informed the approved provider that they have received the annual seasonal influenza vaccination for that year”.

5  After section 10A

Insert:

10B  Records about service staff—COVID‑19 vaccinations

Residential care services and certain flexible care services

             (1)  An approved provider of:

                     (a)  a residential care service; or

                     (b)  a flexible care service through which short‑term restorative care is provided in a residential care setting;

must keep records of the following information:

                     (c)  the number of service staff in relation to the service who have voluntarily informed the approved provider that they have received a single dose of a COVID‑19 vaccine (whether the dose was received before or after the commencement of this section);

                     (d)  the number of service staff in relation to the service who have voluntarily informed the approved provider that they have received all required doses of a COVID‑19 vaccine (whether the doses were received before or after the commencement of this section).

Multi‑purpose services

             (2)  An approved provider of a multi‑purpose service must keep records of the following information in relation to the service staff in relation to the service who access, or are reasonably likely to access, any premises where residential care is provided through the service:

                     (a)  the number of those service staff who have voluntarily informed the approved provider that they have received a single dose of a COVID‑19 vaccine (whether the dose was received before or after the commencement of this section);

                     (b)  the number of those service staff who have voluntarily informed the approved provider that they have received all required doses of a COVID‑19 vaccine (whether the doses were received before or after the commencement of this section).


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Aged Care Legislation Amendment (Service Staff Vaccination Recording and Reporting) Principles 2021

4 June 2021 (F2021L00697)

Sch 2: repealed before commencing (s 2(1) item 3)
Remainder: 5 June 2021 (s 2(1) items 1, 2)

 

Aged Care Legislation Amendment (Vaccination Information) Principles (No. 2) 2021

21 Dec 2021 (F2021L01873)

Sch 1 (items 28, 29): 22 Dec 2021 (s 2(1) item 3)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.............................................

am F2021L01873

 

rep LA s 48D

Schedule 2................................

rep F2021L01873