Information Principles 2014

made under section 96–1 of the

Aged Care Act 1997

Compilation No. 14

Compilation date:                              12 September 2023

Includes amendments up to:            F2023L01220

Registered:                                         18 September 2023

About this compilation

This compilation

This is a compilation of the Information Principles 2014 that shows the text of the law as amended and in force on 12 September 2023 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1—Preliminary                                                                                                                                        1

1............ Name of principles........................................................................................................ 1

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

4............ Definitions..................................................................................................................... 1

Part 2—Disclosure of protected information by Secretary                                                    2

5............ Purpose of this Part....................................................................................................... 2

6............ Disclosure of protected information by Secretary.......................................................... 2

Part 3—Information about an aged care service                                                                          3

7............ Purpose of this Part....................................................................................................... 3

8............ Information about an aged care service that may be made publicly available................. 3

8A......... Information about aged care services that must be made publicly available................... 4

8B......... Information about residential aged care services that must be made publicly available—direct care responsibilities...................................................................................................................................... 6

Part 4—Application, transitional and saving provisions                                                          8

9............ Amendments made by the Aged Care Legislation Amendment (Financial Information) Principles 2022               8

10.......... Amendments made by the Aged Care Legislation Amendment (Transparency of Information) Principles 2023    8

Endnotes                                                                                                                                                                 9

Endnote 1—About the endnotes                                                                                                        9

Endnote 2—Abbreviation key                                                                                                          10

Endnote 3—Legislation history                                                                                                       11

Endnote 4—Amendment history                                                                                                     13

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.

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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to 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
Information Principles 2014	24 June 2014 (F2014L00800)	1 July 2014 (s 2)
Aged Care Legislation Amendment (Independent Complaints Arrangements) Principle 2015	24 Dec 2015 (F2015L02122)	Sch 1 (items 8–14): 1 Jan 2016 (s 2(1) item 1)	—
Aged Care Quality and Safety Commission (Consequential Amendments) Rules 2018	24 Dec 2018 (F2018L01840)	Sch 1 (items 4–6): 1 Jan 2019 (s 2(1) item 1)	—
Aged Care Legislation Amendment (Comparability of Home Care Pricing Information) Principles 2019	14 Mar 2019 (F2019L00288)	Sch 1 (item 1): 15 Mar 2019 (s 2(1) item 2)	—
Aged Care Legislation Amendment (Subsidies—Royal Commission Response) Instrument 2021	30 June 2021 (F2021L00913)	Sch 1 (item 17): 1 July 2021 (s 2(1) item 1)	—
Information Amendment (Vaccination Reporting) Principles 2021	26 July 2021 (F2021L01023)	27 July 2021 (s 2(1) item 1)	—
Aged Care Legislation Amendment (Vaccination Information) Principles 2021	3 Sept 2021 (F2021L01236)	Sch 1 (items 15–18): 6 Sept 2021 (s 2(1) item 1)	—
Aged Care Legislation Amendment (Vaccination Information) Principles (No. 2) 2021	21 Dec 2021 (F2021L01873)	Sch 1 (items 16, 17): 1 Jan 2022 (s 2(1) item 2)	—
Aged Care Legislation Amendment (Independent Health and Aged Care Pricing Authority) Instrument 2022	11 Aug 2022 (F2022L01059)	Sch 1 (item 24): 12 Aug 2022 (s 2(1) item 1)	—
Aged Care Legislation Amendment (Financial Information) Principles 2022	6 Sept 2022 (F2022L01175)	Sch 1 (items 10, 26): 7 Sept 2022 (s 2(1) item 1)	—
Aged Care Legislation Amendment (Capping Home Care Charges) Principles 2022	19 Dec 2022 (F2022L01700)	Sch 1 (item 1): 1 Jan 2023 (s 2(1) item 1)	—
Aged Care Legislation Amendment (Quarterly Financial Reports) Principles 2023	29 Mar 2023 (F2023L00367)	Sch 1 (item 3): 30 Mar 2023 (s 2(1) item 1)	—
Aged Care Legislation Amendment (Registered Nurses) Principles 2023	31 Mar 2023 (F2023L00389)	Sch 1 (item 1): 1 Apr 2023 (s 2(1) item 2) Sch 2 (item 2): 1 July 2023 (s 2(1) item 3)	—
Aged Care Legislation Amendment (Transparency of Information) Principles 2023	27 June 2023 (F2023L00870)	Sch 1 (items 5–12): 1 July 2023 (s 2(1) item 1)	—
Aged Care Legislation Amendment (Care Minutes Responsibilities) Principles 2023	11 Sept 2023 (F2023L01220)	Sch 1 (item 1): 12 Sept 2023 (s 2(1) item 1)	—

 

Endnote 4—Amendment history

 

Provision affected	How affected
Part 1
Part 1 heading...........................	ad F2015L02122
s 2.............................................	rep LIA s 48D
s 4.............................................	am F2018L01840; F2021L01236; F2023L00870
Part 2
Part 2 heading...........................	ad F2015L02122
s 5.............................................	am F2015L02122
s 6.............................................	am F2015L02122; F2018L01840; F2021L01236; F2021L01873; F2022L01059; F2023L00870
Part 3
Part 3........................................	ad F2015L02122
	rep F2018L01840
	ad F2019L00288
s 7.............................................	ad F2015L02122
	rep F2018L01840
	ad F2019L00288
	am F2021L01023
	rs F2023L00870
s 8.............................................	ad F2015L02122
	rep F2018L01840
	ad F2019L00288
	am F2021L00913; F2021L01023; F2021L01236; F2021L01873; F2022L01175; F2022L01700; F2023L00367; F2023L00389; F2023L00870
s 8A..........................................	ad F2023L00870
s 8B..........................................	ad F2023L01220
Part 4
Part 4........................................	ad F2022L01175
s 9.............................................	ad F2022L01175
s 10...........................................	ad F2023L00870