Part 1—Preliminary
1 Name of principles
These principles are the Information Principles 2014.
3 Authority
These principles are made under section 96–1 of the Aged Care Act 1997.
4 Definitions
In these principles:
Act means the Aged Care Act 1997.
financial year, for an approved provider, has the meaning given by subsection 32(1) of the Accountability Principles 2014.
relevant State or Territory authority means an authority of a State or Territory (including a local authority) that has functions under a law of the State or Territory (including local by‑laws) relating to fire safety.
service staff, in relation to an aged care service, has the meaning given by section 4 of the Quality of Care Principles 2014.
staff member has the meaning given by section 4 of the Accountability Principles 2014.
Part 2—Disclosure of protected information by Secretary
5 Purpose of this Part
For paragraph 86‑3(1)(j) of the Act, this Part specifies:
(a) kinds of persons to whom the Secretary may disclose protected information; and
(b) the purposes for which the information may be disclosed.
Note: Protected information has the meaning given by section 86‑1 of the Act.
6 Disclosure of protected information by Secretary
(1) The Secretary may disclose protected information:
(a) to the Repatriation Commission and the Secretary of the Department administered by the Minister administering the Veterans’ Entitlements Act 1986, for the purpose of working out whether any amount is payable to a person as rent assistance under that Act; or
(c) if the information relates to fire safety—to the chief executive officer (however described) of a relevant State or Territory authority, to assist the authority to perform its functions; or
(f) to the Chief Executive Officer of the Australian Institute of Health and Welfare, to assist the body to perform its functions under the Australian Institute of Health and Welfare Act 1987, subject to the confidentiality and other information protection provisions in that Act (including but not limited to section 29).
(2) The Secretary may disclose protected information:
(a) that was given to the Secretary under section 30BA, 30C, 30CA or 30D of the Accountability Principles 2014 in relation to the numbers of service staff and care recipients in a State or Territory (the relevant State or Territory) who have, or have not, received certain vaccinations; or
(b) that is, or relates to, an analysis of the information referred to in paragraph (a) carried out by, or on behalf of, the Department;
to the head (however described) of a State or Territory body that is responsible for the administration of matters relating to health in the relevant State or Territory, to assist the body to perform its functions.
Note: A person to whom protected information is disclosed under this section must not make a record of, disclose or otherwise use the information except for the purpose for which the information was disclosed (see section 86‑5 of the Act).
Part 3—Information about an aged care service
7 Purpose of this Part
This Part specifies:
(a) for the purposes of paragraph 86‑9(1)(m) of the Act—information about an aged care service that the Secretary may make publicly available; and
(b) for the purposes of subsection 86‑10(1) of the Act—information in relation to aged care services that the Secretary must make publicly available.
8 Information about an aged care service that may be made publicly available
For the purposes of paragraph 86‑9(1)(m) of the Act, the following is information about an aged care service that the Secretary may make publicly available:
(a) information given to the Secretary under Division 2A of Part 3 of the User Rights Principles 2014 (home care pricing information);
(b) the following information relating to a residential care service through which residential care is provided to care recipients in a residential facility:
(i) information included in a report given to the Secretary under section 44B of the Accountability Principles 2014 in relation to the facility;
(ii) if the approved provider has an exemption from section 54‑1A of the Act in relation to the facility—the steps the Secretary is satisfied the provider has taken to ensure that the clinical care needs of the care recipients in the facility will be met during the period for which the exemption is in force;
(c) information about whether an approved provider of a residential care service:
(i) has given a notice in accordance with subsection 70AG(2) of the Subsidy Principles 2014 or subsection 64C(2) of the Aged Care (Transitional Provisions) Principles 2014; or
(ii) has given a report for a quarter in accordance with subsection 70AG(10) of the Subsidy Principles 2014 or subsection 64C(10) of the Aged Care (Transitional Provisions) Principles 2014;
(d) information about whether an approved provider of flexible care provided through a multi‑purpose service:
(i) has given a notice in accordance with subsection 91D(2) of the Aged Care (Subsidy, Fees and Payments) Determination 2014; or
(ii) has given a report for a quarter in accordance with subsection 91D(8) of the Aged Care (Subsidy, Fees and Payments) Determination 2014;
(e) information given to the Secretary under section 30BA, 30C, 30CA or 30D of the Accountability Principles 2014 (relating to numbers of service staff and care recipients who have, or have not, received certain vaccinations);
(f) information included in any of the following:
(i) an aged care financial report given to the Secretary under section 37 of the Accountability Principles 2014;
(ii) a general purpose financial report, or an audit opinion about such a report, given to the Secretary under paragraph 35(4)(b) or (c) of the Accountability Principles 2014;
(iii) updated information given to the Secretary under section 41 of the Accountability Principles 2014 in compliance with a notice under subsection 41(3) of those principles;
(iv) a financial support statement given to the Secretary under section 39 of the Accountability Principles 2014;
(v) a quarterly financial report given to the Secretary under section 43 of the Accountability Principles 2014;
(va) updated information given to the Secretary under section 44 of the Accountability Principles 2014 in compliance with a notice under subsection 44(3) of those principles;
(vi) an annual prudential compliance statement given to the Secretary under section 51 of the Fees and Payments Principles 2014 (No. 2);
(g) information about whether an approved provider has given a financial support statement to the Secretary under section 39 of the Accountability Principles 2014;
(h) information given to the Secretary that is specified in sections 53E and 53F of the Accountability Principles 2014;
(i) information included in a statement given to the Secretary under section 53G of the Accountability Principles 2014.
Note: Information specified in this section that is disclosed under subsection 86‑9(1) of the Act must not include personal information about a person (see subsection 86‑9(2) of the Act).
8A Information about aged care services that must be made publicly available
Purpose of this section
(1) This section is made for the purposes of subsection 86‑10(1) of the Act.
Note: Information specified in this section that is disclosed under subsection 86‑10(1) of the Act must not include personal information about an individual (other than an individual who is one of the key personnel of an approved provider) (see subsection 86‑10(3) of the Act).
Residential care services—income and expenditure
(2) The Secretary must make publicly available information about the following matters in relation to a residential care service operated by an approved provider:
(a) the approved provider’s income in relation to the service in a financial year for the provider;
(b) expenditure by the approved provider on the following matters in relation to the service in a financial year for the provider:
(i) care, including labour costs;
(ii) catering;
(iii) maintenance;
(iv) cleaning and laundry;
(v) administration;
(c) the approved provider’s profit or loss in relation to the service in a financial year for the provider.
Residential care services—other information
(3) The Secretary must make publicly available information about the following matters in relation to a residential care service operated by an approved provider:
(a) the kind of feedback and complaints received by the approved provider in respect of the service in a reporting period for the provider;
(b) improvements made by the approved provider in relation to the quality of the service in a reporting period for the provider;
(c) the representation of different demographic groups in the membership of the governing body (to the extent that the approved provider has given the Secretary this information);
(d) initiatives that the approved provider has implemented in a reporting period for the provider to support a diverse and inclusive environment, in relation to the service, for care recipients and staff members;
(e) the total number of persons to whom residential care is provided through the service at the end of a reporting period for the approved provider;
(f) the occupancy rate during a reporting period for the approved provider of places allocated in respect of the service;
(g) the number of persons who entered the service during a reporting period for the approved provider;
(h) the number of persons for whom the approved provider ceased to provide residential care through the service during a reporting period for the provider.
Home care services
(4) The Secretary must make publicly available information about the following matters in relation to a home care service through which home care is provided by an approved provider:
(a) the approved provider’s income and expenditure in relation to the service in a financial year for the provider;
(b) the kind of feedback and complaints received by the approved provider in respect of the service in a reporting period for the provider;
(c) improvements made by the approved provider in relation to the quality of the service in a reporting period for the provider;
(d) the representation of different demographic groups in the membership of the governing body (to the extent that the approved provider has given the Secretary this information);
(e) initiatives that the approved provider has implemented in a reporting period for the provider to support a diverse and inclusive environment, in relation to the service, for care recipients and staff members;
(f) the total number of persons to whom home care is provided through the service at the end of a reporting period for the approved provider;
(g) the number of persons who entered the service during a reporting period for the approved provider;
(h) the number of persons for whom the approved provider ceased to provide home care through the service during a reporting period for the provider.
When information must be made publicly available
(5) The Secretary must make information mentioned in this section publicly available as soon as practicable after the approved provider has given the Secretary the information. The Secretary is not required to make information about a matter publicly available until the approved provider has given the Secretary information about the matter.
Note: Approved providers are required to give information to the Secretary about matters mentioned in this section under the Act and instruments and agreements made under or for the purposes of the Act.
8B Information about residential aged care services that must be made publicly available—direct care responsibilities
(1) For the purposes of subsection 86‑10(1) of the Act, the Secretary must make publicly available the following information in relation to a residential care service, for a quarter of a financial year for the approved provider of the service:
(a) the required combined staff average amount of direct care per care recipient per day in respect of the service for the quarter under subsection 9(1) of the Quality of Care Principles 2014;
(b) the required registered nurse average amount of direct care per care recipient per day in respect of the service for the quarter under subsection 9(2) of the Quality of Care Principles 2014;
(c) the average amount of direct care provided through the service by direct care staff members of the provider per counted care recipient per day during the quarter;
(d) the average amount of direct care provided through the service by registered nurse staff members of the provider per counted care recipient per day during the quarter.
When information must be made publicly available
(2) The Secretary must make information mentioned in paragraphs (1)(a) and (b) publicly available as soon as practicable on or after the calculation day for the quarter.
Definitions
(3) In this section:
calculation day has the same meaning as in the Quality of Care Principles 2014.
counted care recipient has the same meaning as in the Quality of Care Principles 2014.
direct care has the same meaning as in the Quality of Care Principles 2014.
direct care staff member has the same meaning as in the Quality of Care Principles 2014.
quarter, of a financial year for an approved provider, has the same meaning as in the Accountability Principles 2014.
registered nurse staff member has the same meaning as in the Quality of Care Principles 2014.
Part 4—Application, transitional and saving provisions
9 Amendments made by the Aged Care Legislation Amendment (Financial Information) Principles 2022
(1) Paragraph 8(f) of these principles, as added by Part 2 of Schedule 1 to the Aged Care Legislation Amendment (Financial Information) Principles 2022, applies in relation to information referred to in that paragraph that is given to the Secretary after the commencement of that Part.
(2) Paragraph 8(g) of these principles, as added by Part 2 of Schedule 1 to the Aged Care Legislation Amendment (Financial Information) Principles 2022, applies in relation to information about whether an approved provider has given the Secretary a financial support statement under section 39 of the Accountability Principles 2014 if the information relates to the approved provider’s giving, or not giving, such a statement to the Secretary after the commencement of that Part.
10 Amendments made by the Aged Care Legislation Amendment (Transparency of Information) Principles 2023
Section 8A of this instrument, as added by the Aged Care Legislation Amendment (Transparency of Information) Principles 2023, applies in relation to information given to the Secretary on or after 1 July 2023.