Commonwealth: Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022 (Cth)

Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022 No. 34, 2022 An Act to amend the law relating to aged care, health and aged care pricing, and information sharing in relation to veterans and military rehabilitation and compensation, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Residential aged care funding Part 1—Amendments Aged Care Act 1997 Aged Care (Transitional Provisions) Act 1997 Part 2—Application, transitional and saving provisions Division 1—Introduction Division 2—Classifications of care recipients Division 3—Residential care subsidy on or after the transition day Division 4—Residential care subsidy for a day that is before the transition day Division 5—Resident fees Division 6—Accommodation bonds and charges Division 7—Viability supplement decisions under the Transitional Act Division 8—Other matters Schedule 2—Star ratings Aged Care Act 1997 Schedule 3—Code of conduct and banning orders Aged Care Act 1997 Aged Care Quality and Safety Commission Act 2018 Schedule 4—Extension of incident management and reporting etc. Part 1—Main amendments Aged Care Act 1997 Part 2—Other amendments Aged Care Quality and Safety Commission Act 2018 Schedule 5—Governance of approved providers etc. Part 1—Amendments Aged Care Act 1997 Aged Care Quality and Safety Commission Act 2018 Part 2—Application and transitional provisions Schedule 6—Information sharing Part 1—Amendments Aged Care Act 1997 Aged Care Quality and Safety Commission Act 2018 Military Rehabilitation and Compensation Act 2004 Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 Veterans' Entitlements Act 1986 Part 2—Application provisions Schedule 7—Use of refundable deposits and accommodation bonds Part 1—Amendments Aged Care Act 1997 Aged Care Quality and Safety Commission Act 2018 Part 2—Application provisions Schedule 8—Independent Health and Aged Care Pricing Authority Part 1—Amendment of the National Health Reform Act 2011 National Health Reform Act 2011 Part 2—Amendments of other Acts Aged Care Act 1997 Aged Care Quality and Safety Commission Act 2018 Part 3—Application, saving and transitional provisions Division 1—Preliminary Division 2—Application etc. provisions relating to the National Health Reform Act 2011 Division 3—Application etc. provisions relating to the Aged Care Act 1997 Division 4—Transitional rules Schedule 9—Restrictive practices Aged Care Act 1997 Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022 No. 34, 2022 An Act to amend the law relating to aged care, health and aged care pricing, and information sharing in relation to veterans and military rehabilitation and compensation, and for related purposes [Assented to 5 August 2022] The Parliament of Australia enacts: 1 Short title This Act is the Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 5 August 2022 2. Schedule 1 As follows: 1 October 2022 (a) if this Act receives the Royal Assent before 1 October 2022—1 October 2022; (paragraph (a) applies) (b) if this Act receives the Royal Assent on or after 1 October 2022—a single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 3. Schedule 2 The day after this Act receives the Royal Assent. 6 August 2022 4. Schedule 3 1 December 2022. 1 December 2022 5. Schedule 4, Part 1 1 December 2022. 1 December 2022 6. Schedule 4, Part 2 The day after this Act receives the Royal Assent. 6 August 2022 7. Schedule 5 1 December 2022. 1 December 2022 8. Schedule 6 The day after this Act receives the Royal Assent. 6 August 2022 9. Schedule 7 The day after this Act receives the Royal Assent. 6 August 2022 10. Schedule 8 The seventh day after this Act receives the Royal Assent. 12 August 2022 11. Schedule 9 The day after this Act receives the Royal Assent. 6 August 2022 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Residential aged care funding Part 1—Amendments Aged Care Act 1997 1 Section 5‑1 (paragraph beginning "the recipient of the care") Omit "flexible care", substitute "some kinds of flexible care". 2 Section 5‑1 (paragraph beginning "the recipient of the care") Omit "Part 2.4", substitute "Parts 2.4 and 2.4A". 3 Section 5‑1 Omit: Part 2.4A provides for the classification of recipients of residential care and some kinds of flexible care on the initiative of the Secretary. The effect of these classifications is limited (see section 29F‑1). 4 After Division 17 Insert: Division 17A—Revocation of certain conditions for allocations of places 17A‑1 Revocation of certain conditions for allocations of places (1) If: (a) an allocation of *places to a person is subject to conditions under subsection 14‑5(1); and (b) immediately before the commencement of this section, the effect of such a condition is that *respite care must be provided in respect of those places for a minimum or maximum number of days in a particular period; the condition is taken to be revoked at the commencement of this section. (2) Nothing in this section affects the application of Part 7B of the *Quality and Safety Commission Act in relation to an approved provider who failed to comply with a condition of a kind mentioned in paragraph (1)(b) of this section before the commencement of this section. 5 Part 2.4 (heading) Repeal the heading, substitute: Part 2.4—Classification of care recipients before the transition day 6 At the end of section 24‑1 Add "on a day before the *transition day". 7 After subsection 25‑1(1) Insert: (1A) However, the Secretary is not required to classify the care recipient if the classification would take effect, or would be taken to have had effect, from or on a day that is on or after the *transition day. 8 After subsection 25‑3(1) Insert: (1A) However, the appraisal must not be made if the classification of the care recipient that would be made under subsection 25‑1(1) would take effect, or would be taken to have had effect, from or on a day that is on or after the *transition day. 9 At the end of section 25‑3 Add: (5) However, subsection (4) does not apply to the assessment if the classification of the care recipient that would be made under subsection 25‑1(1) would take effect, or would be taken to have had effect, from or on a day that is on or after the *transition day. 10 Section 26‑1 After "a care recipient", insert "under this Part". 11 Subsection 26‑2(1) After "a care recipient", insert "under this Part". 12 Section 26‑3 After "a care recipient", insert "under this Part". 13 At the end of section 27‑1 Add: (3) Despite subsections (1) and (2), a classification under this Part has no effect in relation to a day that is on or after the *transition day. 14 After subsection 27‑4(1) Insert: (1A) However, the reappraisal must not be made if the renewal of the classification of the care recipient that would be made under subsection 27‑6(1) would take effect, or would be taken to have had effect, from a day that is on or after the *transition day. 15 After section 27‑5 Insert: 27‑5A Certain expiry date reappraisals must not be made Despite anything in this Division, a reappraisal must not be made in respect of an *expiry date for a care recipient's classification if the renewal of the classification that would be made under subsection 27‑6(1) would take effect, or would be taken to have had effect, from a day that is on or after the *transition day. 16 After subsection 27‑6(1) Insert: (1A) However, the Secretary is not required to renew the classification of the care recipient if the renewal would take effect, or would be taken to have had effect, from a day that is on or after the *transition day. 17 Subsection 29‑1(1) After "a classification", insert "made under this Part". 18 Part 2.4A (heading) Omit "Secretary's initiative", substitute "or after the transition day". 19 Section 29B‑1 Omit "On the Secretary's initiative, the Secretary", substitute "The Secretary". 20 Section 29B‑1 Omit "The effect of a classification under this Part is limited (see section 29F‑1).", substitute "The classifications affect the amount of *residential care subsidy, or *flexible care subsidy, payable to approved providers for providing that kind of care on or after the *transition day.". 21 Subsection 29C‑2(7) (note) Repeal the note. 22 Subsection 29C‑3(1) Omit "While a care recipient is being provided with", substitute "If a care recipient is being provided, or was provided, with". 23 At the end of subsection 29C‑3(1) Add: ; (c) reconsidering, under section 85‑4 or 85‑5, a decision made under subsection 29C‑2(1), 29D‑1(1) or 29E‑1(1). 24 Subsection 29C‑3(2) Repeal the subsection, substitute: (2) The Classification Principles may specify: (a) where the Secretary may or must make the assessment; and (b) the procedures that the Secretary must follow in making the assessment. 25 Subsection 29D‑1(1) Repeal the subsection, substitute: (1) The Secretary may reclassify a care recipient under section 29C‑2 for *respite care or *non‑respite care if the care recipient, or an approved provider that is providing that kind of care to the care recipient, requests that the Secretary reclassify the care recipient. Note: A decision not to reclassify a care recipient is reviewable under Part 6.1. (1A) The request must: (a) if made by the approved provider—be made in writing; and (b) if made by the care recipient—be made orally or in writing; and (c) be accompanied by the application fee (if any) specified in, or worked out in accordance with, the Classification Principles. (1B) The amount of the fee must not be such as to amount to taxation. 26 Division 29F Repeal the Division. 27 Paragraphs 43‑1(3)(b) and (d) Repeal the paragraphs, substitute: (b) *capital repayment deductions (see section 43‑6). 28 Section 43‑8 Repeal the section. 29 Subsection 44‑3(2) Repeal the subsection, substitute: (2) The basic subsidy amount for a care recipient for a day is the amount: (a) determined by the Minister by legislative instrument; or (b) worked out in accordance with a method determined by the Minister by legislative instrument. 30 Before paragraph 44‑3(3)(a) Insert: (aa) the kind of residential care service through which residential care is provided to a care recipient; (ab) whether a care recipient provided with residential care has been classified under Part 2.4A; 31 Paragraph 44‑3(3)(a) Omit "being provided with residential care", substitute "who have been classified under Part 2.4A". 32 Paragraphs 44‑3(3)(cb) and (cc) Repeal the paragraphs. 33 Subsection 44‑3(4) Repeal the subsection, substitute: (4) The Minister may make provision for, or in relation to, a matter by conferring a power on the Secretary. 34 Subparagraph 44‑5(1)(a)(iv) Repeal the subparagraph. 35 Paragraph 44‑17(a) Repeal the paragraph. 36 Section 44‑19 Repeal the section. 37 Subsection 44‑21(2) (Care subsidy reduction calculator, step 4, paragraphs (a) and (b)) Repeal the paragraphs, substitute: (a) the adjusted basic subsidy amount for the care recipient for the day (see subsection (6A)); (b) any primary supplement amounts for the care recipient for the day. 38 Subsection 44‑21(2) (Care subsidy reduction calculator, step 5, paragraphs (a) and (b)) Repeal the paragraphs, substitute: (a) the adjusted basic subsidy amount for the care recipient for the day (see subsection (6A)); (b) any primary supplement amounts for the care recipient for the day. 39 Subsection 44‑21(3) Omit all the words after "care subsidy reduction", substitute: for a day is the sum of the following amounts: (a) the adjusted basic subsidy amount for the care recipient for the day (see subsection (6A)); (b) any primary supplement amounts for the care recipient for the day. 40 After subsection 44‑21(6) Insert: (6A) The adjusted basic subsidy amount for a care recipient for a day is an amount: (a) determined by the Minister by legislative instrument; or (b) worked out in accordance with a method determined by the Minister by legislative instrument. 41 Subsection 44‑21(7) Repeal the subsection, substitute: (7) The annual cap is the amount determined by the Minister by legislative instrument. 42 Paragraph 44‑28(2)(a) Repeal the paragraph, substitute: (a) on that day the residential care provided to the care recipient is not provided on an extra service basis; and 43 Section 52C‑5 Omit all the words after "reserving a place in the residential care service for that day", substitute: is the amount: (c) determined by the Minister by legislative instrument; or (d) worked out in accordance with a method determined by the Minister by legislative instrument. 44 Paragraph 63‑1(1)(ha) After "delegates of the Secretary", insert "under subsection 96‑2(15)". 45 After section 63‑1B Insert: 63‑1BA Responsibility relating to the cessation of the provision of certain residential care If an approved provider ceases, on or after the *transition day, to provide residential care (other than *respite care) to a care recipient through a residential care service, it is a responsibility of the provider to notify the Secretary of the cessation: (a) in the form approved by the Secretary; and (b) within the period specified in the Accountability Principles. 46 After subsection 85‑4(3) Insert: (3A) In reconsidering a decision made under subsection 29C‑2(1), 29D‑1(1) or 29E‑1(1): (a) the level of care needed by the relevant care recipient, relative to the needs of other care recipients, must be assessed under section 29C‑3; and (b) the Secretary must take that assessment into account before making a decision under subsection (4) of this section. (3B) If the relevant care recipient cannot be assessed for the purposes of the reconsideration, the Secretary must not make a decision under subsection (4). 47 Subsection 85‑4(4) After "must", insert ", subject to subsection (3B)". 48 Subsection 85‑5(4A) Omit "subsection 29‑1(1) or 29E‑1(1) (which deal with a decision to change the classification of a care recipient under Part 2.4 or 2.4A)", substitute "subsection 29‑1(1), 29C‑2(1), 29D‑1(1) or 29E‑1(1) (which deal with decisions relating to the classification of a care recipient)". 49 Subsection 85‑5(5) After "and", insert "must, subject to paragraph (5B)(b)". 50 After subsection 85‑5(5) Insert: (5A) In reconsidering a decision made under subsection 29C‑2(1), 29D‑1(1) or 29E‑1(1): (a) the level of care needed by the relevant care recipient, relative to the needs of other care recipients, must be assessed under section 29C‑3; and (b) the Secretary must take that assessment into account before making a decision under subsection (5) of this section. (5B) If the relevant care recipient cannot be assessed for the purposes of the reconsideration: (a) the request is taken to be withdrawn; and (b) the Secretary must not make a decision under subsection (5). 51 Subsection 85‑6(1) Omit "subsection 29‑1(1) or 29E‑1(1) (which deal with a decision to change the classification of a care recipient under Part 2.4 or 2.4A)", substitute "subsection 29‑1(1), 29C‑2(1), 29D‑1(1) or 29E‑1(1) (which deal with decisions relating to the classification of a care recipient)". 52 Paragraph 85‑6(3)(b) Omit "an approved provider", substitute "a person". 53 After subsection 96‑2(15) Insert: SES employee etc. in the Department (15A) The Secretary may, in writing, delegate the powers conferred on the Secretary under the determination made under subsection 44‑3(2) to an SES employee, or an acting SES employee, in the Department. Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901. 54 Clause 1 of Schedule 1 (definition of adjusted subsidy place) Repeal the definition. 55 Clause 1 of Schedule 1 Insert: transition day means the day Schedule 1 to the Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022 commences. Aged Care (Transitional Provisions) Act 1997 56 Paragraph 42‑1(2)(c) Omit "subsections (3) and (4)", substitute "subsection (3)". 57 Subsection 42‑1(4) Repeal the subsection. 58 Paragraphs 43‑1(3)(b) and (d) Repeal the paragraphs, substitute: (b) *capital repayment deductions (see section 43‑6). 59 Section 43‑8 Repeal the section. 60 Subsection 44‑3(2) Repeal the subsection, substitute: (2) The basic subsidy amount for a care recipient for a day is the amount: (a) determined by the Minister by legislative instrument; or (b) worked out in accordance with a method determined by the Minister by legislative instrument. 61 Paragraphs 44‑3(3)(a) and (aa) Repeal the paragraphs, substitute: (a) the kind of residential care service through which residential care is provided to a care recipient; (aa) whether a care recipient being provided with residential care has been classified under Part 2.4A of the Aged Care Act 1997; (ab) the *classification levels for care recipients who have been classified under that Part; 62 Paragraphs 44‑3(3)(cb), (cc) and (d) Repeal the paragraphs. 63 Subsection 44‑3(4) Repeal the subsection, substitute: (4) The Minister may make provision for, or in relation to, a matter by conferring a power on the Secretary. 64 Paragraph 44‑5(aa) Repeal the paragraph. 65 Paragraph 44‑5A(2)(a) Repeal the paragraph. 66 Paragraph 44‑6(2)(a) Repeal the paragraph. 67 After subsection 44‑6(2) Insert: (3) The care recipient is also eligible for a concessional resident supplement on a particular day if the care recipient was eligible for either of the following on the day before the transition day (within the meaning of the Aged Care Act 1997): (a) a charge exempt resident supplement under repealed section 44‑8A; (b) a transitional supplement under repealed section 33 of the Aged Care (Transitional Provisions) Principles. 68 Subsection 44‑6(5) Omit "Subject to subsection (6), the", substitute "The". 69 Subsection 44‑6(6) Repeal the subsection. 70 Sections 44‑8A and 44‑8B Repeal the sections. 71 Paragraph 44‑17(b) Repeal the paragraph. 72 Section 44‑19 Repeal the section. 73 Subsection 44‑21(3) (Income tested reduction calculator, step 4, paragraph (c)) Repeal the paragraph (not including the note), substitute: (c) the subsidy related amount for a care recipient for a day (see subsection (4)). 74 At the end of section 44‑21 Add: (4) The subsidy related amount for a care recipient for a day is the total of the following amounts: (a) the adjusted basic subsidy amount for the care recipient for the day (see subsection (5)); (b) the amounts of any primary supplements worked out using Subdivision 44‑C for the care recipient for the day; less the amounts of any reductions in subsidy worked out using Subdivision 44‑D for the care recipient for the day. (5) The adjusted basic subsidy amount for a care recipient for a day is an amount: (a) determined by the Minister by legislative instrument; or (b) worked out in accordance with a method determined by the Minister by legislative instrument. 75 Paragraph 44‑23(4)(b) Repeal the paragraph, substitute: (b) the subsidy related amount worked out under subsection 44‑21(4) for the care recipient for that day. 76 Paragraph 44‑27(1)(b) Repeal the paragraph. 77 Section 44‑29 Repeal the section. 78 Paragraphs 57‑2(1)(aa) and (ab) Repeal the paragraphs, substitute: (a) subject to this subsection, an accommodation bond must be charged for the entry if: (i) the care recipient enters the service within 28 days after the day on which the care recipient ceased (other than because the care recipient is on *leave) being provided with care through another such service (the prior service); and (ii) an accommodation bond was paid by the care recipient for entry to the prior service; (aa) the care recipient is not a care recipient eligible for a concessional resident supplement under paragraph 44‑6(3)(a); 79 Paragraph 57‑2(1)(g) Omit "paragraph 57‑14(1)(b) or section 57‑23", substitute "or paragraph 57‑14(1)(b)". 80 Section 57‑13 Repeal the section, substitute: 57‑13 Maximum amount of accommodation bond if care recipient moves between aged care services (1) If paragraph 57‑2(1)(a) applies in relation to the charging of an *accommodation bond for *entry by a care recipient to an *aged care service, the maximum amount of the accommodation bond for the entry of the care recipient to the service is the amount set out in subsection (2) of this section. (2) The amount is the *accommodation bond balance that was refunded or is payable to the care recipient under Division 52P of the Aged Care Act 1997 in respect of the *accommodation bond referred to in subparagraph 57‑2(1)(a)(ii). 81 Subdivision 57‑H Repeal the Subdivision. 82 Paragraphs 57A‑2(1)(a) and (b) Repeal the paragraphs, substitute: (a) subject to this subsection, an accommodation charge must be charged for the entry if: (i) the care recipient enters the service within 28 days after the day on which the care recipient ceased (other than because the care recipient is on *leave) being provided with care through another such service (the prior service); and (ii) an accommodation charge was payable by the care recipient for entry to the prior service; (b) the care recipient is not a care recipient eligible for a concessional resident supplement under paragraph 44‑6(3)(a); 83 Section 57A‑8A Repeal the section, substitute: 57A‑8A Maximum amount of accommodation charge if care recipient moves between aged care services (1) If paragraph 57A‑2(1)(a) applies in relation to the charging of an *accommodation charge for *entry by a care recipient to an *aged care service, the maximum daily amount at which the accommodation charge accrues for the entry of the care recipient to the service is the amount set out in subsection (2) of this section. (2) The amount is the maximum daily amount of *accommodation charge that accrued under section 57A‑6 for entry of the care recipient to the prior service referred to in subparagraph 57A‑2(1)(a)(i). 84 Section 58‑6 Omit all the words after "reserving a place in the residential care service for that day", substitute: is the amount: (c) determined by the Minister by legislative instrument; or (d) worked out in accordance with a method determined by the Minister by legislative instrument. 85 Section 85‑1 (table item 47) Repeal the table item. 86 After subsection 96‑2(11) Insert: SES employee etc. in the Department (11A) The Secretary may, in writing, delegate the powers conferred on the Secretary under the determination made under subsection 44‑3(2) to an SES employee, or an acting SES employee, in the Department. Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901. 87 Clause 1 of Schedule 1 Repeal the following definitions: (a) the definition of adjusted subsidy place; (b) the definition of charge exempt resident; (c) the definition of high level of residential care; (d) the definition of lowest applicable classification level; (e) the definition of low level of residential care. Part 2—Application, transitional and saving provisions Division 1—Introduction 88 Definitions In this Part: Aged Care Act means the Aged Care Act 1997. amending Part means Part 1 of this Schedule. payment period has the meaning given by: (a) when used in relation to a provision of the Aged Care Act—section 43‑2 of that Act; or (b) when used in relation to a provision of the Transitional Act—section 43‑2 of that Act. Transitional Act means the Aged Care (Transitional Provisions) Act 1997. transition day means the day this item commences. viability supplement decision means a decision made under subsection 44‑29(2) of the Transitional Act to refuse to make a determination in respect of a residential care service. Division 2—Classifications of care recipients 89 Application—classification, and renewal of classification, of care recipients by the Secretary (1) Subsection 25‑1(1A) of the Aged Care Act, as inserted by the amending Part, applies in relation to an appraisal that is received, or that is taken to have been received, by the Secretary before, on or after the transition day. (2) Subsection 27‑6(1A) of the Aged Care Act, as inserted by the amending Part, applies in relation to a reappraisal that is received by the Secretary before, on or after the transition day. 90 Saving—Classification Principles made in relation to assessments (1) This item applies to the Classification Principles made for the purposes of subsection 29C‑3(2) of the Aged Care Act that are in force immediately before the transition day. (2) Despite the repeal of subsection 29C‑3(2) of the Aged Care Act by the amending Part, those Classification Principles continue in force (and may be dealt with), on and after the transition day, as if they had been made for the purposes of that subsection as amended by the amending Part. 91 Application—application for reclassification of a care recipient Section 29D‑1 of the Aged Care Act, as amended by the amending Part, applies in relation to an application by an approved provider that is made on or after the transition day. Division 3—Residential care subsidy on or after the transition day 92 Application—eligibility for residential care subsidy under the Transitional Act Section 42‑1 of the Transitional Act, as amended by the amending Part, applies in relation to a day that is on or after the transition day. 93 Application—basic subsidy amount under the Aged Care Act and Transitional Act (1) Subsection 44‑3(2) of the Aged Care Act, and subsection 44‑3(2) of the Transitional Act, as amended by the amending Part, apply in relation to a day that is on or after the transition day. (2) Subsections 44‑3(3) and (4) of the Aged Care Act, and subsections 44‑3(3) and (4) of the Transitional Act, as amended by the amending Part, apply in relation to a determination made on or after the transition day. 94 Application—other amendments relating to residential care subsidy under the Aged Care Act and Transitional Act Aged Care Act (1) The following provisions of the Aged Care Act, as amended by the amending Part, apply in relation to a payment period that starts on or after the transition day: (a) subsection 43‑1(3); (b) subsection 44‑5(1); (c) section 44‑17; (d) section 44‑21; (e) subsection 44‑28(2). (2) The repeal of sections 43‑8 and 44‑19 of the Aged Care Act by the amending Part applies in relation to a payment period that starts on or after the transition day. Transitional Act (3) The following provisions of the Transitional Act, as amended by the amending Part, apply in relation to a payment period that starts on or after the transition day: (a) subsection 43‑1(3); (b) section 44‑5; (c) subsection 44‑5A(2); (d) section 44‑6; (e) section 44‑17; (f) section 44‑21; (g) paragraph 44‑23(4)(b); (h) subsection 44‑27(1). (4) The repeal of sections 43‑8, 44‑8A, 44‑8B, 44‑19 and 44‑29 of the Transitional Act by the amending Part applies in relation to a payment period that starts on or after the transition day. Division 4—Residential care subsidy for a day that is before the transition day 95 Saving—eligibility for residential care subsidy under the Transitional Act (1) Despite the amendments of section 42‑1 of the Transitional Act made by the amending Part, that provision, as in force immediately before the transition day, continues to apply, on and after that day, in relation to a day that is before the transition day. (2) Despite the repeal of the following definitions in clause 1 of Schedule 1 to the Transitional Act by the amending Part: (a) the definition of high level of residential care; (b) the definition of low level of residential care; those definitions continue to apply, on and after the transition day, for the purposes of subitem (1), as if the repeal had not happened. 96 Saving—non‑compliance deductions under the Aged Care Act and Transitional Act (1) Despite: (a) the amendment of subsection 43‑1(3) of the Aged Care Act, and subsection 43‑1(3) of the Transitional Act, made by the amending Part; and (b) the repeal of section 43‑8 of each of those Acts by that Part; those provisions, as in force immediately before the transition day, continue to apply, on and after that day, in relation to a payment period that starts before that day. (2) If: (a) Subsidy Principles were made for the purposes of section 43‑8 of the Aged Care Act before the transition day; and (b) those Principles are in force immediately before that day; then, despite the repeal of that section by the amending Part, those Principles continue in force, on and after that day, for the purposes of subitem (1), as if the repeal had not happened. (3) If: (a) Aged Care (Transitional Provisions) Principles were made for the purposes of section 43‑8 of the Transitional Act before the transition day; and (b) those Principles are in force immediately before that day; then, despite the repeal of that section by the amending Part, those Principles continue in force, on and after that day, for the purposes of subitem (1), as if the repeal had not happened. 97 Saving—basic subsidy amount under the Aged Care Act and Transitional Act (1) Despite the amendments of the following provisions made by the amending Part: (a) section 44‑3 of the Aged Care Act; (b) section 44‑3 of the Transitional Act; those sections, as in force immediately before the transition day, continue to apply, on and after that day, in relation to a day that is before the transition day, as if the amendments had not been made. (2) If: (a) a determination was made under subsection 44‑3(2) of the Aged Care Act, or subsection 44‑3(2) of the Transitional Act, before the transition day; and (b) the determination is in force immediately before that day; then, despite the repeal of that subsection by the amending Part, the determination continues in force, on and after that day, for the purposes of subitem (1), as if the amendments had not been made. (3) Despite the repeal of the definition of low level of residential care in clause 1 of Schedule 1 to the Transitional Act by the amending Part, that definition continues to apply, on and after the transition day, for the purposes of subitem (1), as if the repeal had not happened. 98 Saving—charge exempt resident supplement and viability supplement under the Transitional Act (1) Despite: (a) the amendments of section 44‑5 and subsections 44‑21(3) and 44‑27(1) of the Transitional Act made by the amending Part; and (b) the repeal of sections 44‑8A, 44‑8B and 44‑29 of that Act by that Part; those provisions, as in force immediately before the transition day, continue to apply, on and after that day, in relation to a payment period that starts before that day. (2) If: (a) Aged Care (Transitional Provisions) Principles were made for the purposes of section 44‑8A or 44‑29 of the Transitional Act before the transition day; and (b) those Principles are in force immediately before that day; then, despite the repeal of that section by the amending Part, those Principles continue in force, on and after that day, for the purposes of subitem (1), as if the repeal had not happened. (3) If: (a) a determination was made under subsection 44‑8A(3), 44‑29(2) or 44‑29(8) of the Transitional Act before the transition day; and (b) the determination is in force immediately before that day; then, despite the repeal of that subsection by the amending Part, the determination continues in force, on and after that day, for the purposes of subitem (1), as if the repeal had not happened. (4) Despite the repeal of the definition of charge exempt resident in clause 1 of Schedule 1 to the Transitional Act by the amending Part, that definition continues to apply, on and after the transition day, for the purposes of subitem (1), as if the repeal had not happened. 99 Saving—eligibility for concessional resident supplement under the Transitional Act (1) Despite the amendments of section 44‑6 of the Transitional Act made by the amending Part, that section, as in force immediately before the transition day, continues to apply, on and after that day, in relation to a payment period that starts before that day. (2) Despite the repeal of the definition of lowest applicable classification level in clause 1 of Schedule 1 to the Transitional Act by the amending Part, that definition continues to apply, on and after the transition day, for the purposes of subitem (1), as if the repeal had not happened. 100 Saving—adjusted subsidy amount under the Aged Care Act and Transitional Act (1) Despite the repeal of the following provisions by the amending Part: (a) paragraph 44‑17(a) and section 44‑19 of the Aged Care Act; (b) paragraph 44‑17(b) and section 44‑19 of the Transitional Act; those provisions, as in force immediately before the transition day, continue to apply, on and after that day, in relation to a payment period that starts before that day. (2) If: (a) a determination was made before the transition day under: (i) paragraph 44‑19(1)(b) or subsection 44‑19(2) of the Aged Care Act; or (ii) paragraph 44‑19(1)(b) or subsection 44‑19(2) of the Transitional Act; and (b) the determination is in force immediately before that day; then, despite the repeal of that provision by the amending Part, the determination continues in force, on and after that day, for the purposes of subitem (1), as if the repeal had not happened. 101 Saving—care subsidy reduction under the Aged Care Act Despite the amendments of section 44‑21 of the Aged Care Act made by the amending Part, that section, as in force immediately before the transition day, continues to apply, on and after that day, in relation to a payment period that starts before that day. 102 Saving—daily income tested reduction under the Transitional Act Despite the amendments of section 44‑21 and paragraph 44‑23(4)(b) of the Transitional Act made by the amending Part, those provisions, as in force immediately before the transition day, continue to apply, on and after that day, in relation to a payment period that starts before that day. 103 Saving—accommodation supplement under the Aged Care Act and Transitional Act (1) Despite the amendments of section 44‑28 of the Aged Care Act, and section 44‑5A of the Transitional Act, made by the amending Part, those sections, as in force immediately before the transition day, continue to apply, on and after that day, in relation to a payment period that starts before that day. (2) Despite the repeal of the definition of lowest applicable classification level in clause 1 of Schedule 1 to the Transitional Act by the amending Part, that definition continues to apply, on and after the transition day, for the purposes of subitem (1), as if the repeal had not happened. Division 5—Resident fees 104 Application—maximum daily amount of resident fees on or after the transition day under the Aged Care Act and Transitional Act Section 52C‑5 of the Aged Care Act, and section 58‑6 of the Transitional Act, as amended by the amending Part, apply in relation to a day that is on or after the transition day. 105 Saving—maximum daily amount of resident fees for a day that is before the transition day under the Aged Care Act and Transitional Act Despite the amendments of section 52C‑5 of the Aged Care Act and section 58‑6 of the Transitional Act made by the amending Part, those sections, as in force immediately before the transition day, continue to apply, on and after that day, in relation to a day that is before the transition day. Division 6—Accommodation bonds and charges 106 Application—accommodation bonds and charges under the Transitional Act Sections 57‑2, 57‑13, 57A‑2 and 57A‑8A of the Transitional Act, as amended by the amending Part, apply in relation to the entry of a person to a residential care service, or flexible care service, on a day that is on or after the transition day. Division 7—Viability supplement decisions under the Transitional Act 107 Application—reconsideration of viability supplement decisions at Secretary's own initiative Despite the repeal of item 47 of the table in section 85‑1 of the Transitional Act by the amending Part: (a) section 85‑4 of that Act continues to apply, on and after the transition day, in relation to a viability supplement decision made before that day, as if the repeal had not happened; and (b) section 85‑8 of that Act continues to apply, on and after that day, in relation to any decision to confirm, vary or set aside the viability supplement decision under section 85‑4 of that Act, as if the repeal had not happened. 108 Application—reconsideration of viability supplement decisions where reconsideration period has not ended (1) This item applies to a viability supplement decision if: (a) the decision was made before the transition day; and (b) immediately before that day, the period referred to in paragraph 85‑5(3)(a) of the Transitional Act has not ended. (2) Despite the repeal of item 47 of the table in section 85‑1 of the Transitional Act by the amending Part: (a) section 85‑5 of that Act continues to apply, on and after the transition day, in relation to the decision, as if the repeal had not happened; and (b) section 85‑8 of that Act continues to apply, on and after that day, in relation to any decision to confirm, vary or set aside the viability supplement decision under section 85‑5 of that Act, as if the repeal had not happened. 109 Application—pending request for reconsideration of viability supplement decisions (1) This item applies to a request made under subsection 85‑5(1) of the Transitional Act for the reconsideration of a viability supplement decision if: (a) the request was made before the transition day; and (b) immediately before that day, the Secretary has not made a decision in relation to the request. (2) Despite the repeal of item 47 of the table in section 85‑1 of the Transitional Act by the amending Part: (a) section 85‑5 of that Act continues to apply, on and after the transition day, in relation to the request, as if the repeal had not happened; and (b) section 85‑8 of that Act continues to apply, on and after that day, in relation to a decision to confirm, vary or set aside the viability supplement decision under section 85‑5 of that Act, as if the repeal had not happened. 110 Application—review by the Administrative Appeals Tribunal of pre‑transition viability supplement decisions (1) This item applies to a decision (the reconsideration decision) to confirm, vary or set aside, under section 85‑4 or 85‑5 of the Transitional Act, a viability supplement decision if: (a) the reconsideration decision was made before the transition day; and (b) immediately before that day: (i) an application for review of the reconsideration decision by the Administrative Appeals Tribunal has not been made; and (ii) the time for a person to make such an application has not ended (including any extensions of that time under section 29 of the Administrative Appeals Tribunal Act 1975). (2) Despite the repeal of item 47 of the table in section 85‑1 of the Transitional Act by the amending Part, section 85‑8 of that Act continues to apply, on and after the transition day, in relation to the reconsideration decision, as if the repeal had not happened. Division 8—Other matters 111 Transitional rules (1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by the amending Part. (2) To avoid doubt, the rules may not do the following: (a) create an offence or civil penalty; (b) provide powers of: (i) arrest or detention; or (ii) entry, search or seizure; (c) impose a tax; (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act; (e) directly amend the text of this Schedule. (3) This Part (other than subitem (2)) does not limit the rules that may be made for the purposes of subitem (1). Schedule 2—Star ratings Aged Care Act 1997 1 In the appropriate position in Division 86 Insert: 86‑11 Publishing star ratings for residential care services (1) The Secretary must publish information about: (a) the quality of residential care provided through residential care services; and (b) the performance of approved providers of such services in relation to responsibilities and standards under this Act. (2) The Secretary may publish information under subsection (1) in the form of one or more star ratings for a residential care service. (3) The Secretary may use *protected information for the purposes of: (a) creating information for publication under subsection (1); or (b) calculating a star rating for a residential care service. (4) Information published under subsection (1) must not include *personal information about an individual. (5) The Secretary is not liable to civil proceedings for loss, damage or injury of any kind suffered by the approved provider of a residential care service, or another person, as a result of the publication of information under subsection (1). 2 Application provision Section 86‑11 of the Aged Care Act 1997, as inserted by this Schedule, applies in relation to information whether the information was acquired or created before, on or after the commencement of this item. Schedule 3—Code of conduct and banning orders Aged Care Act 1997 1 After paragraph 54‑1(1)(f) Insert: (g) to comply with the provisions of the *Code of Conduct that apply to the approved provider; (ga) to take reasonable steps to ensure that the *aged care workers, and the *governing persons, of the approved provider comply with the provisions of the Code of Conduct that apply to them; 2 Clause 1 of Schedule 1 Insert: aged care worker of an approved provider has the same meaning as in the *Quality and Safety Commission Act. Code of Conduct has the same meaning as in the *Quality and Safety Commission Act. governing person of an approved provider has the same meaning as in the *Quality and Safety Commission Act. Aged Care Quality and Safety Commission Act 2018 3 Section 6 (after paragraph (d)) Insert: (da) the code functions; and 4 Section 6 (paragraph beginning "This Act also") After "with the", insert "Code of Conduct, the". 5 Section 7 Insert: ABN has the meaning given by the A New Tax System (Australian Business Number) Act 1999. aged care worker of an approved provider means: (a) an individual employed or otherwise engaged (including on a voluntary basis) by the provider; or (b) an individual: (i) who is employed or otherwise engaged (including on a voluntary basis) by a contractor or subcontractor of the provider; and (ii) who provides care or other services to the care recipients provided with aged care through an aged care service of the provider. Note: An individual engaged by an approved provider includes an independent contractor. banning order means an order made under subsection 74GB(1) or (3). code functions: see section 18A. Code of Conduct means the code of conduct which the rules made for the purposes of subsection 74AE(1) make provision for or in relation to. governing person of an approved provider means an individual who is one of the key personnel of the provider under paragraph 8B(1)(a) or (b). 6 After paragraph 8C(1)(a) Insert: (aa) whether a banning order against the individual is, or has at any time been, in force; 7 Section 14 (after paragraph (d)) Insert: (da) the code functions; and 8 After paragraph 16(1)(d) Insert: (da) the code functions; 9 After section 18 Insert: 18A Code functions of the Commissioner (1) The code functions of the Commissioner are: (a) to, in accordance with the rules, take action in relation to compliance by any of the following with the provisions of the Code of Conduct that apply or applied to them: (i) an approved provider; (ii) an individual who is or was an aged care worker of an approved provider; (iii) an individual who is or was a governing person of an approved provider; and (b) to do anything else relating to that matter that is specified in the rules. (2) Subsection (1), and any rules made for the purposes of that subsection, do not limit, or otherwise affect, the operation of any other provision of this Act in relation to the Code of Conduct. 10 After subsection 21(3) Insert: Code functions (3A) Without limiting subsection (1), the rules may make provision for the taking of action in relation to compliance by any of the following with the provisions of the Code of Conduct that apply or applied to them: (a) an approved provider; (b) an individual who is or was an aged care worker of an approved provider; (c) an individual who is or was a governing person of an approved provider. (3B) Without limiting subsection (3A), the rules may make provision for, or in relation to, any one or more of the following: (a) how information about compliance with the Code of Conduct may be given to the Commissioner; (b) the actions that may be taken by the Commissioner in relation to compliance with the Code of Conduct, which may include requiring an approved provider or other relevant person to do something; (c) the roles, rights and responsibilities of: (i) persons who give such information to the Commissioner; or (ii) approved providers; or (iii) individuals who are or were aged care workers, or governing persons, of approved providers; or (iv) any other relevant persons; (d) the review or reconsideration of decisions made in relation to compliance with the Code of Conduct. 11 After Part 8 Insert: Part 8AA—Code of Conduct Division 1—Introduction 74AA Simplified outline of this Part Approved providers, and their aged care workers and governing persons, must comply with the provisions of the Code of Conduct that apply to them. Approved providers have a responsibility under the Aged Care Act to comply with the provisions of the Code of Conduct that apply to them. A failure to do so may result in a sanction being imposed under this Act. It may also result in a civil penalty order being made. If an aged care worker, or a governing person, of an approved provider fails to comply with the provisions of the Code of Conduct that apply to them, it may result in a civil penalty order being made. Division 2—Code of Conduct 74AB Contravention of Code of Conduct by approved providers An approved provider contravenes this section if: (a) the provider is a corporation; and (b) the provider fails to comply with the provisions of the Code of Conduct that apply to the provider. Note: Approved providers have a responsibility under paragraph 54‑1(1)(g) of the Aged Care Act to comply with the Code of Conduct. Failure to comply with that responsibility may result in a sanction being imposed under section 63N of this Act. Civil penalty: 250 penalty units. 74AC Aged care workers of approved providers must comply with Code of Conduct (1) An aged care worker of an approved provider must comply with the provisions of the Code of Conduct that apply to the worker. (2) An aged care worker of an approved provider contravenes this subsection if: (a) the provider is a corporation; and (b) the worker fails to comply with the provisions of the Code of Conduct that apply to the worker. Civil penalty: 250 penalty units. 74AD Governing persons of approved providers must comply with Code of Conduct (1) A governing person of an approved provider must comply with the provisions of the Code of Conduct that apply to the person. (2) A governing person of an approved provider contravenes this subsection if: (a) the provider is a corporation; and (b) the person fails to comply with the provisions of the Code of Conduct that apply to the person. Civil penalty: 250 penalty units. 74AE Code of Conduct (1) The rules may make provision for, or in relation to, a code of conduct that applies to the following: (a) approved providers; (b) aged care workers of approved providers; (c) governing persons of approved providers. (2) Without limiting subsection (1), the rules may provide as follows: (a) that a provision of the code of conduct applies to any or all of the following: (i) approved providers; (ii) aged care workers of approved providers; (iii) governing persons of approved providers; (b) that a provision of the code of conduct applies to the following: (i) specified kinds of aged care workers of approved providers; (ii) aged care workers of specified kinds of approved providers; (iii) specified kinds of governing persons of approved providers; (iv) governing persons of specified kinds of approved providers. 12 Part 8A (heading) Repeal the heading, substitute: Part 8A—Enforcement and compliance 13 Section 74A (paragraph beginning "An authorised officer may enter") Before: (a) whether a provision of Chapter 4 of the Aged Care Act has been, or is being, complied with; insert: (aa) whether an aged care worker, or a governing person, of an approved provider has complied, or is complying, with the provisions of the Code of Conduct that apply to them; 14 Section 74A Omit: An approved provider's responsibilities under Chapter 4 of the Aged Care Act may be enforced by enforceable undertakings and injunctions under Parts 6 and 7 of the Regulatory Powers Act. substitute: The following may be enforced by enforceable undertakings and injunctions under Parts 6 and 7 of the Regulatory Powers Act: (a) compliance with the provisions of the Code of Conduct that apply to an aged care worker, or a governing person, of an approved provider; (b) an approved provider's responsibilities under Chapter 4 of the Aged Care Act. 15 At the end of section 74A Add: The Commissioner may, in certain circumstances, make a banning order against an individual who is or was an aged care worker, or a governing person, of an approved provider. 16 Subsection 74B(1) Repeal the subsection, substitute: Provisions subject to monitoring (1) The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act: (a) subsections 74AC(1) and 74AD(1) of this Act; (b) a provision of Chapter 4 of the Aged Care Act. Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether a provision has been complied with. It includes powers of entry and inspection. 17 Subsection 74B(3) Omit "subsection (1)", substitute "paragraph (1)(b)". 18 Subsections 74B(4) to (7) Omit "the provision", substitute "a provision". 19 Paragraph 74C(1)(a) Omit "the provision", substitute "a provision". 20 Subsection 74EC(1) Repeal the subsection, substitute: Enforceable provisions (1) The following provisions are enforceable under Part 6 of the Regulatory Powers Act: (a) subsections 74AC(1) and 74AD(1) of this Act; (b) a provision of Chapter 4 of the Aged Care Act. Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions. 21 Subsection 74ED(1) Repeal the subsection, substitute: Enforceable provisions (1) The following provisions are enforceable under Part 7 of the Regulatory Powers Act: (a) subsections 74AC(1) and 74AD(1) of this Act; (b) a provision of Chapter 4 of the Aged Care Act. Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions. 22 After subsection 74EE(1A) Insert: Code of Conduct (1AA) The Commissioner may give to an approved provider a written notice if the Commissioner: (a) is satisfied that the approved provider is not complying with the provider's responsibility under paragraph 54‑1(1)(g) or (ga) of the Aged Care Act; or (b) is aware of information that suggests that the approved provider may not be complying with that responsibility. 23 After section 74F Insert: 74FA Notice to attend to answer questions etc. relevant to compliance with Code of Conduct (1) This section applies if the Commissioner believes on reasonable grounds that a person has information or documents relevant to either or both of the following matters: (a) whether an individual who is or was an aged care worker of an approved provider that is a corporation is complying, or has complied, with a provision of the Code of Conduct that applies or applied to the individual; (b) whether an individual who is or was a governing person of an approved provider that is a corporation is complying, or has complied, with a provision of the Code of Conduct that applies or applied to the individual. (2) The Commissioner may, by written notice, require the person to attend before an authorised officer to do either or both of the following: (a) to answer questions relating to the matter; (b) to give such information or documents (or copies of documents) as are specified in the notice. Notice requirements (3) If a notice is given to a person under subsection (2), the notice must: (a) specify the authorised officer before whom the person is required to attend; and (b) specify the day on which, and the time and place at which, the person is required to attend. (4) The day specified under paragraph (3)(b) must be at least 14 days after the notice is given. Offence (5) A person commits an offence if: (a) the person is given a notice under subsection (2); and (b) the person fails to comply with a requirement of the notice. Penalty: 30 penalty units. Reasonable compensation (6) A person is entitled to be paid by the Commonwealth reasonable compensation for complying with a requirement of a notice given to the person under subsection (2) to give copies of documents. 24 Paragraph 74G(1)(a) After "subsection 74F(1)", insert "or 74FA(2)". 25 At the end of Division 3 of Part 8A Add: 74GAA Privilege against self‑incrimination not abrogated (1) Nothing in this Division affects the right of a person to refuse to answer a question, give information or give a document on the ground that answering the question, giving the information or giving the document might tend to incriminate the person. (2) The fact that this section is included in this Division does not imply that the privilege against self‑incrimination is abrogated in any other Act. 26 At the end of Part 8A Add: Division 4—Banning orders 74GB Banning orders—aged care workers and governing persons of approved providers etc. Current and former aged care workers etc. (1) Subject to subsection (2), the Commissioner may make an order (the banning order) prohibiting or restricting an individual who is or was an aged care worker, or who is or was a governing person, of an approved provider: (a) from being involved in the provision of any type of aged care or specified types of aged care; or (b) from engaging in specified activities as an aged care worker, or as a governing person, of the provider. Note: See section 74GE for when the Commissioner must give notice of an intention to make the banning order. (2) The Commissioner must not make the banning order against the individual under subsection (1) unless: (a) the Commissioner reasonably believes that the individual did not comply, is not complying or is not likely to comply with a provision of the Code of Conduct that applies or applied to the individual; or (b) the Commissioner reasonably believes that the individual is not suitable: (i) to be involved, or to continue to be involved, in the provision of any type of aged care or the specified types of aged care; or (ii) to engage, or to continue to engage, in the specified activities as an aged care worker, or as a governing person, of the approved provider; or (c) the Commissioner reasonably believes there is an immediate or severe risk to the safety, health or well‑being of one or more care recipients if the individual: (i) is involved, or continues to be involved, in the provision of any type of aged care or the specified types of aged care; or (ii) engages, or continues to engage, in the specified activities as an aged care worker, or as a governing person, of the approved provider; or (d) the individual has at any time been convicted of an indictable offence involving fraud or dishonesty; or (e) the individual is an insolvent under administration. Individual not suitable to be involved in the provision of aged care etc. (3) Subject to subsection (4), the Commissioner may make an order (the banning order) prohibiting or restricting an individual who has not previously been an aged care worker, or a governing person, of an approved provider: (a) from being involved in the provision of any type of aged care or specified types of aged care; or (b) from engaging in specified activities as an aged care worker, or as a governing person, of the provider. Note: See section 74GE for when the Commissioner must give notice of an intention to make the banning order. (4) The Commissioner must not make the banning order against the individual under subsection (3) unless the Commissioner reasonably believes that the individual is not suitable: (a) to be involved in the provision of any type of aged care or the specified types of aged care; or (b) to engage in the specified activities as an aged care worker, or as a governing person, of the approved provider. Suitability matters (5) In considering whether an individual is suitable to be involved in the provision of any type of aged care or specified types of aged care, the Commissioner must consider the suitability matters in relation to the individual. (6) Subsection (5) does not limit the matters the Commissioner may consider in considering the matter mentioned in that subsection. Other (7) A banning order is not a legislative instrument. 74GC Application etc. of banning order made against an aged care worker etc. (1) This section applies if a banning order is made against an individual who is or was: (a) an aged care worker of an approved provider; or (b) a governing person of an approved provider. Application of banning order (2) The banning order may: (a) apply generally or be of limited application; and (b) be permanent or for a specified period; and (c) be made subject to specified conditions. (3) If the banning order is made against an individual who is an aged care worker, or a governing person, of an approved provider, the order continues to have effect even if the individual ceases to be such a worker or person (as the case may be). Notice of banning order (4) The Commissioner must, as soon as is practicable after deciding to make the banning order, give the individual a written notice that: (a) sets out the decision; and (b) sets out the reasons for the decision; and (c) specifies whether the order applies generally or the order is of limited application; and (d) if the order is of limited application—specifies that limited application; and (e) specifies the day on which the order takes effect; and (f) if the order is to cease to have effect on a particular day—specifies that day; and (g) specifies any conditions to which the order is subject; and (h) sets out the effect of subsection (3); and (i) states how the individual may apply for reconsideration of the decision. (5) If the Commissioner gives a notice under subsection (4) to an individual who is an aged care worker, or a governing person, of an approved provider, the Commissioner must, as soon as is practicable, give the provider a copy of the notice. 74GD Contraventions of banning orders etc. (1) An individual contravenes this subsection if: (a) a banning order against the individual is in force; and (b) the individual engages in conduct; and (c) the conduct breaches the banning order or a condition to which the order is subject. Civil penalty: 1,000 penalty units. (2) A corporation contravenes this subsection if: (a) the corporation is an approved provider; and (b) an individual is an aged care worker, or a governing person, of the approved provider; and (c) a banning order against the individual is in force; and (d) the corporation fails to take reasonable steps to ensure that the individual does not engage in conduct that breaches the banning order or a conditi