Sanctions Amendment (Various Measures) Principle 2013

I, Jacinta Collins, Minister for Mental Health and Ageing, make the following principle under the Aged Care Act 1997.

Dated:   8/7 2013

Jacinta Collins

Minister for Mental Health and Ageing

Contents

1 Name of principle

2 Commencement

3 Authority

4 Schedule(s)

Schedule 1—Amendments 2

Sanctions Principles 1997 2

1  Name of principle

This principle is the Sanctions Amendment (Various Measures) Principle 2013.

2  Commencement

  This principle commences on 1 August 2013.

3  Authority

  This principle is made under the Aged Care Act 1997.

4  Schedule(s)

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 1—Amendments

Sanctions Principles 1997

1  Section 22.3 (note at end)

Repeal the note, substitute:

Note: A number of expressions used in these Principles are defined in the Act, including the following:

(a) disqualified individual;

(b) key personnel.

2   Subsection 22.7(3)

Repeal the subsection, substitute:

(3) The Secretary may approve the appointment only if the Secretary is satisfied that:

 (a) the proposed adviser meets the eligibility criteria for appointment; and

 (b) the proposed adviser has a sufficient understanding of the issues that need to be addressed to remedy the non-compliance; and

 (c) there would be no conflict, affecting the delivery of care or other services, between the proposed adviser’s obligations as adviser and any other obligations of the proposed adviser; and

 (d) the proposed adviser has complied with any requirement under subsection (2).

3   Subsection 22.7(6)

Repeal the subsection, substitute:

(6) A decision under subsection 22.7(1) to refuse to approve the proposed appointment is a reviewable decision under section 85-1 of the Act.

4   Subsection 22.9(2)

Omit “7 days”, substitute “5 days”.

5   Subsection 22.13(6)

Repeal the subsection, substitute:

(6) A decision under subsection 22.13(1) to refuse to approve the proposed appointment is a reviewable decision under section 85-1 of the Act.

6   Subsection 22.15(2)

Omit “7 days”, substitute “5 days”.

7   Subparagraph 22.20(1)(b)(iii)

Repeal the subparagraph, substitute:

(iii) against the Home Care Standards of the home care services (if any) provided by the approved provider;

8   Subsection 22.20(2) (definition of Community Care Standards)

Repeal the definition, substitute:

Home Care Standards means the Home Care Standards mentioned in Part 5 of the Quality of Care Principles 1997.