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Aged Care Quality and Safety Commission Rules 2018
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Administered by
Department of Health and Aged Care
This item is authorised by the following title:
Aged Care Quality and Safety Commission Act 2018
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F2023C00989 (C08)
24 October 2023
-
13 October 2024
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Part 1—Preliminary
Division 1—Introduction
1 Name
3 Authority
Division 2—Definitions
4 Definitions
5 Meaning of assessment contact
6 Meaning of commencing service
7 Meaning of deemed accredited service
Division 3—Commonwealth funded programs
8 Specification of programs
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Part 1A—Functions of the Commissioner
8A Other functions of the Commissioner—financial viability of approved providers
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Part 2—Complaints and provider responsibility information
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Division 1—Introduction
9 Simplified outline of this Part
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Division 2—Purpose of this Part
10 Purpose of this Part
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Division 3—Making complaints to the Commissioner
11 Complaint may be made to the Commissioner
12 Withdrawal of complaint
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Division 4—Dealing with complaints and provider responsibility information
13 Dealing with complaint
14 Commissioner may decide to take no further action in relation to issue
15 Commissioner may undertake resolution process in relation to issue
16 Requirement to notify relevant providers of resolution process
17 Commissioner may decide to end resolution process
18 Commissioner may give information about resolution process to person or body with sufficient interest
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Division 5—Directions
19 Commissioner may give directions to relevant providers
20 Notification of intention to give directions to relevant providers
21 Relevant providers must comply with directions given by the Commissioner
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Division 6—Other matters
22 Referral of issue to Secretary etc.
23 Taking of other action not prevented by this Part
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Part 2A—Code of Conduct
23AA Simplified outline of this Part
23AB Purpose of this Part
23AC Code of Conduct
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Part 2B—Commissioner’s Code of Conduct functions
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Division 1—Introduction
23BA Simplified outline of this Part
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Division 2—Purpose of this Part
23BB Purpose of this Part
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Division 3—Taking action
23BC Purpose of this Division
23BD Actions the Commissioner may take
23BE Actions dealing with outcomes of investigations
23BF Further investigations
23BG Procedural fairness
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Division 4—Doing other things
23BH Notices about investigations carried out by Commissioner that are closed
23BI Taking of other action not prevented by this Part
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Part 2C—Register of banning orders
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Division 1—Simplified outline of this Part
23CA Simplified outline of this Part
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Division 2—Information in register of banning orders
23CB Information that must be included in the register of banning orders
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Division 3—Accessing and correcting information
23CC Purpose of this Division
23CD Accessing information in the register
23CE Seeking correction of information in the register
23CF Corrections on the Commissioner’s initiative
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Division 4—Publication of register of banning orders
23CG Making the register of banning orders publicly available
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Part 3—Accreditation of residential aged care services
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Division 1—Introduction
24 Simplified outline of this Part
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Division 2—Specified aged care services
25 Specification of aged care services
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Division 3—Accreditation of residential aged care services
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Subdivision A—Purpose of this Division
26 Purpose of this Division
Subdivision B—Applications for accreditation or re accreditation
27 Approved provider may apply for accreditation or re accreditation of residential aged care services
28 Applications for accreditation or re accreditation
Subdivision C—Accreditation of commencing services and re accreditation of recommencing services
29 Commissioner must decide whether to accredit commencing service or re accredit recommencing service
30 Notification of decision to accredit commencing service or re accredit recommencing service
31 Notification of decision not to accredit commencing service or re accredit recommencing service
Subdivision D—Re accreditation of residential services other than recommencing services
32 Commissioner must appoint assessment team to conduct site audit
33 Form of words and poster to be used to tell care recipients etc. about site audit
34 Approved provider must inform care recipients etc. about site audit
36 Conduct of site audit of residential service
37 Approved provider must take steps to inform care recipients that site audit has commenced
38 Site audit meetings and discussions
39 Exit meeting
40 Site audit report prepared by assessment team
40A Performance report prepared by Commissioner
41 Commissioner must decide whether to re accredit residential service
42 Notification of decision to re accredit residential service
43 Notification of decision not to re accredit residential service
Subdivision E—Revocation of accreditation of accredited service
44 Decision to revoke accreditation of accredited service
45 Notification of decision to revoke accreditation of accredited service
Subdivision F—Reminder notices about accreditation
46 Reminder notices
47 Late application for re accreditation after reminder notice
Subdivision G—Publication of decisions relating to accreditation
48 Commissioner must publish decisions relating to accreditation
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Part 4—Quality reviews of services
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Division 1—Introduction
49 Simplified outline of this Part
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Division 2—Specified aged care services
50 Specification of aged care services
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Division 3—Quality reviews of services
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Subdivision A—Purpose of this Division
51 Purpose of this Division
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Subdivision B—Quality reviews of home services
52 Quality reviews must be conducted every 3 years
53 Quality reviews must include quality audits
53A Commissioner must appoint assessment team to conduct quality audit
53B Notice of quality audit
54 Conduct of quality audit
55 Quality audit meetings and discussions
55A Exit meeting
56 Quality audit report prepared by assessment team
57 Performance report prepared by Commissioner
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Subdivision C—Quality reviews of Aboriginal and Torres Strait Islander services
58 Quality reviews of Aboriginal and Torres Strait Islander services
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Part 5—Monitoring of services
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Division 1—Introduction
59 Simplified outline of this Part
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Division 2—Specified aged care services
60 Specification of aged care services
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Division 3—Purpose of Divisions 4 to 8
61 Purpose of Divisions 4 to 8
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Division 4—Plans for continuous improvement
62 Plans for continuous improvement required for accredited services, residential services and home care services
63 Commissioner may request plans for continuous improvement
63A Commissioner may direct revision of plans for continuous improvement
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Division 5—Assessment contacts by regulatory officials
64 Assessment contacts by regulatory officials with providers of services
65 Arrangements for assessment contacts
66 Assessment contacts in the form of visits to premises
67 Regulatory official may request information or documents relating to the purpose of assessment contact
68 Assessment contacts made to assess performance—assessment contact report prepared by regulatory official
68A Performance report prepared by Commissioner
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Division 6—Review audits of accredited services
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Subdivision A—Conduct of review audits of accredited services
70 When Commissioner may arrange for review audit of accredited service
71 Commissioner must appoint quality assessors to form assessment team to conduct review audit
72 Poster to be used to tell care recipients about review audit
73 Conduct of review audit of accredited service
74 Review audit meetings and discussions
75 Exit meeting
76 Review audit report prepared by assessment team
76A Performance report prepared by Commissioner
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Subdivision B—Revocation of accreditation of accredited service following review audit
77 Commissioner must decide whether to revoke accreditation of accredited service
78 Notification of decision to revoke accreditation of accredited service
79 Notification of decision not to revoke accreditation of accredited service
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Subdivision C—Publication of decisions relating to accreditation
80 Commissioner must publish decisions relating to accreditation following review audit
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Division 8—Monitoring of Aboriginal and Torres Strait Islander services
86 Monitoring of Aboriginal and Torres Strait Islander services
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Part 6—Registration of quality assessors
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Division 1—Introduction
87 Simplified outline of this Part
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Division 2—Registration of quality assessors
88 Purpose of this Division
89 Application for registration as quality assessor
90 Registration as quality assessor
91 Application for registration as quality assessor for further period
92 Registration as quality assessor for further period
93 Quality assessor must inform Commissioner of serious offence conviction
94 Cancellation of registration as quality assessor
95 Operation of Part VIIC of the Crimes Act 1914
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Part 6A—Incident management and prevention
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Division 1—Introduction
95A Simplified outline of this Part
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Division 2—Reportable incidents for approved providers
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Subdivision A—Purpose of this Division
95B Purpose of this Division
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Subdivision B—Notices and reports about reportable incidents
95C Commissioner’s powers relating to notices about reportable incidents
95D Commissioner may decide certain reportable incidents not required to be notified
95E Commissioner may require final report on reportable incident
95F Approved forms
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Subdivision C—Commissioner’s actions in dealing with reportable incidents
95G Actions the Commissioner may take in dealing with reportable incidents
95H Commissioner’s inquiries in relation to reportable incidents
95J Taking of other action not prevented by this Division
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Division 3—Reportable incidents for service providers of Commonwealth funded aged care services
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Subdivision A—Purpose of this Division
95K Purpose of this Division
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Subdivision B—Dealing with a reportable incident for a service provider
95L Commissioner may require further information in relation to a reportable incident
95M Commissioner may deal with a reportable incident by taking certain action
95N Taking of other action not prevented by this Division
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Part 7—Reconsideration and review of decisions
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Division 1—Introduction
96 Simplified outline of this Part
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Division 2—Reconsideration and review of decisions
97 Purpose of this Division
98 Reviewable Commissioner decisions and interested persons
99 Interested person may request reconsideration of reviewable Commissioner decision
100 Reconsideration of complaints reviewable decision
101 Reconsideration of regulatory reviewable decision
102 Reconsideration of regulatory reviewable decision on own initiative
103 Review by Administrative Appeals Tribunal
104 Commissioner must publish certain reconsideration decisions etc.
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Part 8—Information sharing and confidentiality
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Division 1—Introduction
105 Simplified outline of this Part
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Division 2—Information sharing
106 Purpose of this Division
108 Information about failure to comply with Quality Review Guidelines by service providers of Aboriginal and Torres Strait Islander services
109 Information about failure to comply with Aged Care Quality Standards by service providers of home support services
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Division 3—Protected information
110 Purpose of this Division
111 Permitted disclosure of protected information by Commissioner if aged care consumer’s safety, health or well being at risk
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Part 8A—Approval of providers of aged care
111A Circumstances in which Commissioner may require further information to be given within a shorter period
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Part 8B—Sanctions for non compliance with aged care responsibilities of approved providers
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Division 1—Introduction
111B Simplified outline of this Part
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Division 2—Imposition of sanctions by the Commissioner
111C When sanctions come into effect and cease to have effect—matters to which Commissioner must have regard
111D Other sanctions that may be imposed on approved providers
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Division 3—Notices that must, or may, be given before sanctions are imposed
111E Period to appoint eligible adviser—matters Commissioner must take into account when specifying period
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Division 4—Lifting of sanctions imposed on approved providers
111F Lifting of sanctions—other matters to which the Commissioner must have regard
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Part 9—Transitional, application and saving provisions
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Division 1—Provisions relating to the commencement of this instrument
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Subdivision A—Preliminary
112 Definitions
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Subdivision B—Complaints
113 Pending complaints
114 Information received pre transition but not finally dealt with
115 Saving of pre transition notice of intention to issue directions to approved provider etc.
116 Saving of pre transition directions given to approved provider etc.
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Subdivision C—Accreditation of residential aged care services
117 Saving of accreditation of residential aged care services
118 Pending applications for accreditation of residential aged care services
119 Pending applications for re accreditation of residential aged care services
120 Saving of reminder notices about accreditation
121 Publication of certain pre transition decisions relating to accreditation
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Subdivision D—Quality reviews of services
122 Continuation of quality reviews of home aged care services
123 Continuation of quality reviews of Aboriginal and Torres Strait Islander services
124 Continuation of quality reviews of home support services
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Subdivision E—Monitoring of services
125 Saving of arrangements for assessment contacts
126 Action following pre transition assessment contact
127 Continuation of review audits of accredited services
128 Saving of timetable for improvement etc.
129 Saving of notice directing revision of plan for continuous improvement
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Subdivision F—Registration of quality assessors
130 Continuation of registration as quality assessor
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Subdivision G—Reconsideration and review of decisions
131 Request for reconsideration of pre transition decisions relating to complaints
132 Request for reconsideration of pre transition decisions relating to accreditation or registration of quality assessors
133 Pending applications for reconsideration of decisions relating to complaints
134 Pending requests for reconsideration of decisions relating to accreditation or registration of quality assessors
135 Reconsideration of pre transition decisions relating to accreditation or registration of quality assessor at the Commissioner’s own initiative
136 Review by the Administrative Appeals Tribunal of certain pre transition decisions
137 Publication of certain pre transition reconsideration decisions etc.
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Division 2—Amendments made by the Aged Care Legislation Amendment (Single Quality Framework Consequential Amendments and Transitional Provisions) Instrument 2019
138 Definitions
139 Pending applications for accreditation of a commencing service
140 Pending applications for re accreditation of an accredited service or a previously accredited service
141 Quality reviews of home services
142 Assessment contacts initiated but not completed before the SQF commencement time
143 Assessment contacts initiated after the SQF commencement time in relation to timetables for improvement notified before the SQF commencement time
144 Review audits
145 Revocation following review audit
146 Timetables for improvement
147 Direction to revise plan for continuous improvement if there is failure to comply with relevant Standards
148 Failure to comply with relevant Standards that places safety, health or well being of aged care consumer at serious risk
149 Information about failure to comply with Home Care Standards by service providers of home support services
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Division 3—Amendments made by the Aged Care Quality and Safety Commission Amendment (Integration of Functions) Rules 2019
150 Definitions
151 Complaints
152 Applications for accreditation of a commencing service
153 Pending applications for re accreditation of an accredited service or a previously accredited service (other than a recommencing service)
154 Publication of decisions made before 1 January 2020 relating to re accreditation of an accredited service or a previously accredited service (other than a recommencing service)
155 Quality reviews of home services
156 Publication of performance reports for home services
157 Quality reviews of Aboriginal and Torres Strait Islander services
158 Assessment contacts initiated but not completed before 1 January 2020
159 Arranging for review audits of accredited services
160 Conduct of review audits of accredited services
161 Revocation following review audit
162 Publication of decisions made before 1 January 2020 relating to accreditation following review audit
163 Reviewable Commissioner decisions
164 Reconsideration of complaints reviewable decisions
165 Reconsideration of regulatory reviewable decisions
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Division 4—Amendments made by the Aged Care Legislation Amendment (Reportable Incidents) Instrument 2022
166 Final report about reportable incident
167 Action by Commissioner to deal with a reportable incident
168 Reportable incidents for a service provider of a Commonwealth funded aged care service
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Schedule 1—Code of Conduct
1 Code of Conduct
2 Application to approved providers and aged care workers and governing persons of approved providers
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history