Commonwealth: Aged Care Quality and Safety Commission Act 2018 (Cth)

Aged Care Quality and Safety Commission Act 2018 No. 149, 2018 Compilation No. 10 Compilation date: 14 October 2024 Includes amendments: Act No. 39, 2024 About this compilation This compilation This is a compilation of the Aged Care Quality and Safety Commission Act 2018 that shows the text of the law as amended and in force on 14 October 2024 (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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Division 1—Preliminary 1 Short title 2 Commencement 3 Act binds the Crown 4 Extension to external Territories 5 Object of this Act 6 Simplified outline of this Act Division 2—Definitions 7 Definitions 8 Meaning of Commonwealth‑funded aged care service etc. 8B Meaning of key personnel of a person or body 8C Meaning of suitability matters in relation to an individual 9 Vacancy in the office of an Advisory Council member Part 2—Aged Care Quality and Safety Commission Division 1—Introduction 10 Simplified outline of this Part Division 2—Establishment etc. of the Commission 11 Establishment of the Aged Care Quality and Safety Commission 12 Constitution of the Commission 13 Function of the Commission Part 3—Commissioner Division 1—Introduction 14 Simplified outline of this Part Division 2—Functions and powers of the Commissioner 15 Commissioner 16 Functions of the Commissioner 17 Consumer engagement functions of the Commissioner 18 Complaints functions of the Commissioner 18A Code functions of the Commissioner 19 Regulatory functions of the Commissioner 20 Education functions of the Commissioner 21 Rules may make provision for, or in relation to, the performance of a function of the Commissioner 22 Minister may give directions to the Commissioner 23 Fees Division 3—Appointment of the Commissioner 24 Appointment 25 Acting Commissioner Division 4—Terms and conditions of appointment 26 Remuneration and allowances 27 Leave of absence 28 Other paid work 29 Other terms and conditions 30 Resignation 31 Termination of appointment Part 4—Staff of the Commission etc. 32 Simplified outline of this Part 33 Staff 34 Persons assisting the Commissioner 35 Consultants 35A Chief Clinical Advisor Part 5—Aged Care Quality and Safety Advisory Council Division 1—Introduction 36 Simplified outline of this Part Division 2—Establishment and functions of the Advisory Council 37 Establishment of the Aged Care Quality and Safety Advisory Council 38 Functions of the Advisory Council 39 Minister may give directions about the Advisory Council's functions Division 3—Membership of the Advisory Council 40 Membership of the Advisory Council 41 Appointment of Advisory Council members 42 Acting appointments 43 Remuneration and allowances 44 Leave of absence 45 Disclosure of interests to the Minister 46 Disclosure of interests to the Advisory Council 47 Resignation 48 Termination of appointment 49 Other terms and conditions Division 4—Procedures of the Advisory Council 50 Procedures of the Advisory Council Part 6—Reporting and planning 51 Simplified outline of this Part 52 Annual report 53 Consulting on corporate plans 54 Annual operational plans Part 7—Information sharing and confidentiality etc. Division 1—Introduction 55 Simplified outline of this Part Division 2—Information sharing 56 Commissioner must give information to the Secretary in certain circumstances 57 Secretary must give information to the Commissioner on request 58 Minister may require the Commissioner to prepare reports or give information 58A Additional purpose of NDIS worker screening database Division 3—Making information publicly available 59 Information about an aged care service may be made publicly available 59A Information about Commonwealth‑funded aged care service may be made publicly available Division 4—Protected information 60 Prohibition on use or disclosure etc. of protected information 61 Permitted disclosures of protected information by Commissioner 62 Limits on use or disclosure etc. of protected information disclosed by the Commissioner 63 Disclosure to court etc. Division 5—Other matters 63AA Authorisations for the purposes of the Privacy Act 1988 Part 7A—Approval of providers of aged care etc. Division 1—Introduction 63A Simplified outline of this Part Division 2—Approval of providers of aged care 63B Application for approval as provider of aged care 63C Request for further information 63D Commissioner must decide whether to approve person as provider of aged care 63E Notification of decision relating to approval of person as provider of aged care Division 3—Deemed approval of States, Territories and local government etc. 63F States, Territories and local government etc. taken to be approved providers etc. Division 4—Cessation and revocation of approval 63G When approval as provider of aged care ceases to have effect 63H Revocation of approval on request of approved provider 63J Revocation of approval of approved provider if Commissioner is satisfied of certain matters 63K Notice of intention to revoke approval as provider of aged care 63L Notice of revocation of approval as provider of aged care etc. Part 7B—Sanctions for non‑compliance with aged care responsibilities of approved providers Division 1—Introduction 63M Simplified outline of this Part Division 2—Imposition of sanctions by the Commissioner 63N Commissioner may impose sanctions for non‑compliance with aged care responsibilities 63P Period within which the revocation of approval of approved provider must take effect in certain circumstances 63Q When the revocation or suspension of allocation of places is to take effect 63R Kinds of sanctions that may be imposed on approved providers Division 3—Notices that must, or may be given, before sanctions are imposed 63S Commissioner must notify approved provider of intention to impose sanctions on the provider 63T Approved provider may be required to give undertaking about remedying non‑compliance 63U Approved provider may be required to agree to certain matters if revocation of approval is being considered Division 4—Lifting of sanctions imposed on approved providers 63V Application for lifting of sanction imposed on approved provider 63W Request for further information 63X Commissioner must decide whether to lift sanction imposed on approved provider 63Y Notification of decision relating to lifting of sanction imposed on approved provider Part 8—Entry and search powers relating to provider approval applications etc. Division 1—Introduction 64 Simplified outline of this Part Division 2—Powers of authorised officers in relation to premises 64A Power to enter premises and exercise search powers in relation to applications for approval as provider of aged care 65 Power to enter premises and exercise search powers in relation to complaints etc. 66 Consent 67 Asking questions and seeking production of documents Division 3—Powers of regulatory officials in relation to premises 68 Power to enter premises and exercise search powers for regulatory purposes 69 Consent 70 Asking questions and seeking production of documents Division 4—Search powers 71 Search powers 72 Operating electronic equipment Division 5—Identity cards 73 Authorised officers must carry identity card 74 Identity cards for quality assessors Part 8AA—Code of Conduct Division 1—Introduction 74AA Simplified outline of this Part Division 2—Code of Conduct 74AB Contravention of Code of Conduct by approved providers 74AC Aged care workers of approved providers must comply with Code of Conduct 74AD Governing persons of approved providers must comply with Code of Conduct 74AE Code of Conduct Part 8A—Enforcement and compliance Division 1—Introduction 74A Simplified outline of this Part Division 2—Regulatory powers 74B Monitoring powers 74C Modifications of Part 2 of the Regulatory Powers Act 74D Investigation powers 74E Modifications of Part 3 of the Regulatory Powers Act 74EA Civil penalty provisions 74EB Infringement notices 74EC Enforceable undertakings 74ED Injunctions Division 2A—Compliance notices 74EE Compliance notices Division 3—Notice to attend to answer questions etc. 74F Notice to attend to answer questions etc. relevant to whether aged care responsibility is being complied with 74FA Notice to attend to answer questions etc. relevant to compliance with Code of Conduct 74G Attending before authorised officer to answer questions 74GA Power to require information or documents 74GAA Privilege against self‑incrimination not abrogated Division 4—Banning orders 74GB Banning orders—aged care workers and governing persons of approved providers etc. 74GC Application etc. of banning order made against an aged care worker etc. 74GD Contraventions of banning orders etc. 74GE Notice of intention to make a banning order 74GF Variation or revocation of a banning order etc. on the Commissioner's own initiative 74GG Variation or revocation of a banning order on application made by an individual 74GH Variation or revocation of a condition to which a banning order is subject on application made by an individual 74GI Register of banning orders Part 8B—Reconsideration and review of decisions Division 1—Introduction 74H Simplified outline of this Part Division 2—Reconsideration and review of decisions 74J Reviewable decisions and affected persons 74K Affected person may request reconsideration of reviewable decision 74L Reconsideration of reviewable decision on request 74M Reconsideration of reviewable decision on own initiative of Commissioner etc. 74N Review by the Administrative Review Tribunal Part 9—Miscellaneous 75 Simplified outline of this Part 75A Appointment of authorised officers 76 Delegation by the Commissioner 76A Review of operation of this Act and the rules 77 Rules Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to establish the Aged Care Quality and Safety Commission, and for related purposes Part 1—Preliminary Division 1—Preliminary 1 Short title This Act is the Aged Care Quality and Safety Commission Act 2018. 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. The whole of this Act 1 January 2019. 1 January 2019 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 Act binds the Crown This Act binds the Crown in each of its capacities. 4 Extension to external Territories This Act extends to the external Territories other than the Territory of Ashmore and Cartier Islands. 5 Object of this Act The object of this Act is to establish a regulatory framework that will: (a) protect and enhance the safety, health, well‑being and quality of life of aged care consumers; and (b) promote aged care consumers' confidence and trust in the provision of aged care services and Commonwealth‑funded aged care services; and (c) promote engagement with aged care consumers about the quality of care and services provided by: (i) approved providers of aged care services; and (ii) service providers of Commonwealth‑funded aged care services. 6 Simplified outline of this Act This Act establishes the Aged Care Quality and Safety Commission and provides for there to be a Commissioner of the Commission. A number of functions are conferred on the Commissioner, including: (a) the function of protecting and enhancing the safety, health, well‑being and quality of life of aged care consumers; and (aa) the function of approving providers of aged care; and (ab) the functions of imposing sanctions on approved providers and lifting sanctions; and (ac) the function of ensuring compliance with the aged care responsibilities of approved providers and provisions of this Act and the Aged Care Act; and (b) the function of promoting the provision of quality care and services by approved providers of aged care services and service providers of Commonwealth‑funded aged care services; and (c) the consumer engagement functions; and (d) the complaints functions; and (da) the code functions; and (e) the regulatory functions; and (f) the education functions; and (g) the function of reconsidering and reviewing certain decisions made under this Act. The Aged Care Quality and Safety Advisory Council is also established and has specified functions relating to the giving of advice in relation to the Commissioner's functions. This Act also deals with the Code of Conduct, the sharing of information and confidentiality. Division 2—Definitions 7 Definitions In this Act: ABN has the meaning given by the A New Tax System (Australian Business Number) Act 1999. accommodation bond has the same meaning as in the Aged Care Act. accommodation charge has the same meaning as in the Aged Care Act. accommodation contribution has the same meaning as in the Aged Care Act. accommodation payment has the same meaning as in the Aged Care Act. Advisory Council means the Aged Care Quality and Safety Advisory Council established by section 37. Advisory Council member means a member of the Advisory Council and includes the Chair. affected person: see section 74J. aged care has the same meaning as in the Aged Care Act. Aged Care Act means the Aged Care Act 1997. aged care consumer means: (a) a care recipient; or (b) a person who is a recipient of a Commonwealth‑funded aged care service. Aged Care Principles means Principles made under section 96‑1 of the Aged Care Act. aged care responsibility means a responsibility of an approved provider under Chapter 4 of the Aged Care Act. aged care service has the same meaning as in the Aged Care Act. 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. annual operational plan means the annual operational plan given to the Minister under section 54. approved provider: a person or body is an approved provider if: (a) the person or body: (i) has been approved as a provider of aged care under section 63D; or (ii) is taken, under paragraph 63F(2)(a), to be an approved provider; and (b) the approval of the person or body is in effect. Note: The approval of the person or body ceases to have effect if it is suspended or revoked under Division 4 of Part 7A or Part 7B. authorised officer means a person appointed as an authorised officer under subsection 75A(1). banning order means an order made under subsection 74GB(1) or (3). care has the same meaning as in the Aged Care Act. care recipient means a person approved under Part 2.3 of the Aged Care Act as a recipient of aged care. Chair means the Chair of the Advisory Council. civil penalty order has the same meaning as in the Regulatory Powers Act. civil penalty provision has the same meaning as in the Regulatory Powers Act. 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. Commission means the Aged Care Quality and Safety Commission established by section 11. Commissioner means the Commissioner of the Commission. Commonwealth‑funded aged care service: see subsection 8(1). complaints functions: see section 18. compliance notice means a notice given under section 74EE. consumer engagement functions: see section 17. corporation means a trading or financial corporation within the meaning of paragraph 51(xx) of the Constitution. distinct part, in relation to a residential care service, has the same meaning as in the Aged Care Act. education functions: see section 20. eligible adviser means a person other than: (b) an officer of the Commonwealth; or (c) a person specified in the rules. extra service status has the same meaning as in the Aged Care Act. Federal Court means the Federal Court of Australia. flexible care has the same meaning as in the Aged Care Act. flexible care service has the same meaning as in the Aged Care Act. funding agreement that relates to a Commonwealth‑funded aged care service: see subsection 8(2). 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). home care has the same meaning as in the Aged Care Act. home care service has the same meaning as in the Aged Care Act. identity card means: (a) in relation to an authorised officer—an identity card issued to the authorised officer under section 35 or 76 of the Regulatory Powers Act; or (b) in relation to a quality assessor—an identity card issued to the quality assessor under section 74 of this Act. indictable offence means: (a) an indictable offence against a law of the Commonwealth or of a State or Territory; or (b) an offence that: (i) is an offence against a law of a foreign country or of a part of a foreign country; and (ii) when committed, corresponds to an indictable offence against a law of the Commonwealth or of a State or Territory. Inspector‑General of Aged Care means the Inspector‑General of Aged Care referred to in section 9 of the Inspector‑General of Aged Care Act 2023. internal decision reviewer means: (a) the Commissioner; or (b) a delegate of the Commissioner referred to in paragraph 74L(1)(b) or 74M(1)(b). key personnel of a person or body has the meaning given by section 8B. local government authority means a body established for the purposes of local government by or under a law of a State or Territory. NDIS banning order means a banning order made under section 73ZN of the National Disability Insurance Scheme Act 2013. non‑compliance notice means a notice given under subsection 63S(2). occupied place of an approved provider: see subsection 63Q(5). paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise). people with special needs has the same meaning as in the Aged Care Act. personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. place has the same meaning as in the Aged Care Act. Pricing Authority has the same meaning as in the National Health Reform Act 2011. protected information: see subsection 60(2). provisional allocation has the same meaning as in the Aged Care Act. quality assessor means a person registered as a quality assessor under the rules. reconsideration decision means a decision made under subsection 74L(2) or 74M(3). regulatory functions: see section 19. regulatory official means the Commissioner or a quality assessor. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. relevant data: see subsection 72(3). reportable incident means: (a) for an approved provider—a reportable incident within the meaning of the Aged Care Act; or (b) for a service provider of a Commonwealth‑funded aged care service—an incident that is a reportable incident under the funding agreement that relates to the service. residential care has the same meaning as in the Aged Care Act. residential care service has the same meaning as in the Aged Care Act. reviewable decision: see section 74J. rules means the rules made under section 77. search powers: see sections 71 and 72. Secretary means the Secretary of the Department. service provider of a Commonwealth‑funded aged care service: see subsection 8(3). staff of the Commission means the staff of the Commission referred to in section 33. State or Territory authority means a body established for a public purpose by or under a law of a State or Territory. subsidy has the same meaning as in the Aged Care Act. suitability matters in relation to an individual has the meaning given by section 8C. vacancy, in relation to the office of an Advisory Council member, has a meaning affected by section 9. vacant place of an approved provider: see subsection 63Q(4). 8 Meaning of Commonwealth‑funded aged care service etc. (1) A Commonwealth‑funded aged care service is a service provided under a program that is a program (the funded program) of a kind specified in the rules for the purposes of this subsection. (2) A funding agreement that relates to a Commonwealth‑funded aged care service is the agreement between a person or body and the Commonwealth that relates to a funded program under which the service is, or is to be, provided. (3) A service provider of a Commonwealth‑funded aged care service is a person or body that is a party to the funding agreement that relates to the service. 8B Meaning of key personnel of a person or body (1) Each of the following is one of the key personnel of a person or body (the entity) at a particular time: (a) if the entity is not a State or Territory—a member of the group of persons who is responsible for the executive decisions of the entity at that time; (b) if the entity is not a State or Territory—any other person who has authority or responsibility for, or significant influence over, planning, directing or controlling the activities of the entity at that time; (c) if, at that time, the entity conducts an aged care service: (i) any person who is responsible for the nursing services provided by the service and who holds a recognised qualification in nursing; and (ii) any person who is responsible for the day‑to‑day operations of the service; whether or not the person is employed by the entity; (d) if, at that time, the entity proposes to conduct an aged care service: (i) any person who is likely to be responsible for the nursing services to be provided by the service and who holds a recognised qualification in nursing; and (ii) any person who is likely to be responsible for the day‑to‑day operations of the service; whether or not the person is employed by the entity. (2) Without limiting paragraph (1)(a), a reference in that paragraph to a member of the group of persons who is responsible for the executive decisions of an entity includes: (a) if the entity is a body corporate that is incorporated, or taken to be incorporated, under the Corporations Act 2001—a director of the body corporate for the purposes of that Act; and (b) in any other case—a member of the entity's governing body. 8C Meaning of suitability matters in relation to an individual (1) Each of the following matters is a suitability matter in relation to an individual: (a) the individual's experience in providing, at any time, aged care or other relevant forms of care; (aa) whether a banning order against the individual is, or has at any time been, in force; (b) whether a NDIS banning order against the individual is, or has at any time been, in force; (c) whether the individual has at any time been convicted of an indictable offence; (d) whether a civil penalty order against the individual has been made at any time; (e) whether the individual is, or has at any time been, an insolvent under administration; (f) whether the individual is or has at any time been the subject of adverse findings or enforcement action by any of the following: (i) a Department of the Commonwealth or of a State or Territory; (ii) the Australian Securities and Investments Commission; (iii) the Australian Charities and Not‑for‑profits Commission; (iv) the Australian Competition and Consumer Commission; (v) the Australian Prudential Regulation Authority; (vi) the Australian Crime Commission; (vii) AUSTRAC; (viii) another body established for a public purpose by or under a law of the Commonwealth; (ix) a State or Territory authority (including, but not limited to, a body that is equivalent to a body mentioned in subparagraphs (ii) to (vii)); (x) a local government authority; (g) whether the individual: (i) is, or has at any time been, the subject of any findings or judgment in relation to fraud, misrepresentation or dishonesty in any administrative, civil or criminal proceedings; or (ii) is currently party to any proceedings that may result in the individual being the subject of such findings or judgment; (h) whether the individual is, or has at any time been, disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; (i) any other matter specified in the rules. (2) This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them). 9 Vacancy in the office of an Advisory Council member For the purposes of a reference in: (a) this Act to a vacancy in the office of an Advisory Council member; or (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 10 offices of Advisory Council members in addition to the Chair. Part 2—Aged Care Quality and Safety Commission Division 1—Introduction 10 Simplified outline of this Part This Part establishes the Commission. The Commission consists of the Commissioner and the staff of the Commission. It has the function of assisting the Commissioner in the performance of the Commissioner's functions. Division 2—Establishment etc. of the Commission 11 Establishment of the Aged Care Quality and Safety Commission (1) The Aged Care Quality and Safety Commission is established by this section. (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) the Commission is a listed entity; and (b) the Commissioner is the accountable authority of the Commission; and (c) the following persons are officials of the Commission: (i) the Commissioner; (ii) the staff of the Commission; (iii) persons assisting the Commissioner referred to in section 34; (iv) consultants engaged under section 35; and (d) the purposes of the Commission include: (i) the function of the Commission referred to in section 13; and (ii) the functions of the Commissioner referred to in section 16. 12 Constitution of the Commission The Commission consists of: (a) the Commissioner; and (b) the staff of the Commission. 13 Function of the Commission The Commission's function is to assist the Commissioner in the performance of the Commissioner's functions. Part 3—Commissioner Division 1—Introduction 14 Simplified outline of this Part There is to be a Commissioner of the Commission with functions that include: (a) protecting and enhancing the safety, health, well‑being and quality of life of aged care consumers; and (aa) approving providers of aged care; and (ab) imposing sanctions on approved providers and lifting sanctions; and (ac) ensuring compliance with the aged care responsibilities of approved providers and provisions of this Act and the Aged Care Act; and (b) promoting the provision of quality care and services by approved providers of aged care services and service providers of Commonwealth‑funded aged care services; and (c) the consumer engagement functions; and (d) the complaints functions; and (da) the code functions; and (e) the regulatory functions; and (f) the education functions; and (g) reconsidering and reviewing certain decisions made under this Act. The Minister is to appoint the Commissioner and may give written directions about the performance of the Commissioner's functions. The Commissioner may charge fees for services provided by the Commissioner in performing the Commissioner's functions. Division 2—Functions and powers of the Commissioner 15 Commissioner There is to be a Commissioner of the Commission. 16 Functions of the Commissioner (1) The Commissioner has the following functions: (a) to protect and enhance the safety, health, well‑being and quality of life of aged care consumers; (aa) the functions conferred on the Commissioner by Part 7A (which deals with the approval of providers of aged care etc.); (ab) the functions conferred on the Commissioner by Part 7B (which deals with imposing sanctions on approved providers that have not complied, or are not complying, with the aged care responsibilities); (ac) to ensure compliance with: (i) the aged care responsibilities of approved providers; and (ii) provisions of this Act and the Aged Care Act; (b) to promote the provision of quality care and services by: (i) approved providers of aged care services; and (ii) service providers of Commonwealth‑funded aged care services; (c) the consumer engagement functions; (d) the complaints functions; (da) the code functions; (e) the regulatory functions; (f) the education functions; (fa) to reconsider and review certain decisions made under this Act; (g) such other functions as are conferred on the Commissioner by: (i) this Act or the rules; or (ii) the Aged Care Act or the Aged Care Principles; or (iii) any other law of the Commonwealth; (h) if the Commissioner considers it is appropriate to do so in particular circumstances—to seek and consider clinical advice that is relevant to the performance of any of the above functions; (i) to provide, at the request of the Minister, advice to the Minister in relation to any of the above functions; (j) to do anything incidental or conducive to the performance of any of the above functions. (2) The Commissioner has the power to do all things necessary or convenient to be done for, or in connection with, the performance of the Commissioner's functions. 17 Consumer engagement functions of the Commissioner The consumer engagement functions of the Commissioner are: (a) to develop, in consultation with aged care consumers and their representatives, best practice models for the engagement of approved providers of aged care services, and service providers of Commonwealth‑funded aged care services, with their aged care consumers and the representatives of those consumers; and (b) to promote those best practice models to such approved providers and service providers. 18 Complaints functions of the Commissioner The complaints functions of the Commissioner are to, in accordance with rules, deal with complaints made, or information given, to the Commissioner about the following matters: (a) an approved provider's responsibilities under the Aged Care Act or the Aged Care Principles; (b) the responsibilities of a service provider of a Commonwealth‑funded aged care service under the funding agreement that relates to the service. 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. 19 Regulatory functions of the Commissioner The regulatory functions of the Commissioner are: (a) to accredit the following aged care services in accordance with the rules: (i) residential care services; (ii) any other aged care services of a kind specified in the rules; and (b) to conduct quality reviews of the following services in accordance with the rules: (i) home care services; (ii) any other aged care services of a kind specified in the rules; (iii) Commonwealth‑funded aged care services; and (c) to monitor, in accordance with the rules, the quality of care and services provided by approved providers of the following aged care services: (i) residential care services; (ii) home care services; (iii) any other aged care services of a kind specified in the rules; and (d) to monitor, in accordance with the rules, the quality of care and services provided by service providers of Commonwealth‑funded aged care services; and (e) to register, in accordance with the rules, persons as quality assessors for the purposes of performing functions, or exercising powers, under this Act or the rules. 20 Education functions of the Commissioner The education functions of the Commissioner are: (a) to provide information and education about matters relating to any one or more of the Commissioner's functions referred to in section 16 to any or all of the following: (i) approved providers; (ii) service providers of Commonwealth‑funded aged care services; (iii) aged care consumers; (iv) representatives of aged care consumers; (v) the public; and (b) to collect, correlate, analyse and disseminate information relating to any one or more of the Commissioner's functions referred to in section 16. 21 Rules may make provision for, or in relation to, the performance of a function of the Commissioner (1) The rules may make provision for, or in relation to, the performance of a function conferred on the Commissioner by section 16. Complaints functions (2) Without limiting subsection (1), the rules may establish a scheme for dealing with complaints made, or information given, to the Commissioner about the following matters: (a) an approved provider's responsibilities under the Aged Care Act or the Aged Care Principles; (b) the responsibilities of a service provider of a Commonwealth‑funded aged care service under the funding agreement that relates to the service. (3) Without limiting subsection (2), the rules may make provision in relation to any one or more of the following: (a) how complaints about a matter referred to in that subsection may be made, managed and resolved; (b) how information given to the Commissioner about a matter referred to in that subsection may be dealt with; (c) the roles, rights and responsibilities of complainants, approved providers, service providers of Commonwealth‑funded aged care services and any other relevant persons; (d) the considerations relevant to resolving such complaints or dealing with such information; (e) the actions that may be taken to address such complaints, or to deal with such information, which may include requiring an approved provider or service provider of a Commonwealth‑funded aged care service to do something; (f) the review or reconsideration of decisions made under the scheme. 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. Regulatory functions (4) Without limiting subsection (1), the rules may make provision for or in relation to: (a) the accreditation of an aged care service referred to in paragraph 19(a); and (b) the circumstances in which an aged care service is taken to be accredited for the purposes of the rules; and (c) the conduct of quality reviews of a service referred to in paragraph 19(b); and (d) the monitoring of the quality of care and services provided by approved providers of an aged care service referred to in paragraph 19(c); and (e) the monitoring of the quality of care and services provided by service providers of Commonwealth‑funded aged care services; and (f) the registration of persons as quality assessors for the purposes of performing functions, or exercising powers, under this Act or the rules; and (g) the functions to be performed, or the powers to be exercised, by quality assessors; and (h) the review or reconsideration of decisions relating to the accreditation of an aged care service or the registration of a quality assessor. (5) Without limiting paragraph (4)(d), the rules may do any or all of the following: (a) require approved providers of aged care services to have a written plan for continuous improvement in the quality of care and services they provide; (b) make provision in relation to the setting of timetables for improvement in the quality of care and services provided by approved providers of aged care services; (c) make provision in relation to forms of contact between approved providers of aged care services, and the Commissioner or a quality assessor, for specified purposes; (d) provide for the conduct of audits of aged cares services in specified circumstances. (6) Without limiting paragraph (4)(e), the rules may do any or all of the following: (a) require service providers of Commonwealth‑funded aged care services to have a written plan for continuous improvement in the quality of care and services they provide; (b) make provision in relation to the setting of timetables for improvement in the quality of care and services provided by service providers of Commonwealth‑funded aged care services; (c) make provision in relation to forms of contact between service providers of Commonwealth‑funded aged care services, and the Commissioner or a quality assessor, for specified purposes; (d) provide for the conduct of audits of Commonwealth‑funded aged care services in specified circumstances. Reportable incident functions (7) Without limiting subsection (1), the rules may make provision for, or in relation to, how the Commissioner deals with a reportable incident for an approved provider, including in relation to one or more of the following: (a) action that may be taken by the Commissioner in dealing with such a reportable incident, which may include requiring the approved provider to do something; (b) the circumstances in which the Commissioner may authorise or carry out an inquiry in relation to such a reportable incident on the Commissioner's own initiative; (c) how information given to the Commissioner about such a reportable incident may be dealt with. Note: For responsibilities of approved providers in relation to reportable incidents, see Division 54 of the Aged Care Act. (8) Without limiting subsection (1), the rules may make provision for, or in relation to, how the Commissioner deals with a reportable incident for a service provider of a Commonwealth‑funded aged care service, including in relation to one or more of the following: (a) action that may be taken by the Commissioner in dealing with such a reportable incident, which may include requiring the service provider to do something; (b) the circumstances in which the Commissioner may authorise or carry out an inquiry in relation to such a reportable incident on the Commissioner's own initiative; (c) how information given to the Commissioner about such a reportable incident may be dealt with. 22 Minister may give directions to the Commissioner (1) The Minister may, by legislative instrument, give written directions to the Commissioner about the performance of the Commissioner's functions. Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act). (2) A direction given by the Minister under subsection (1): (a) must be of a general nature only; and (b) must not relate to a particular aged care consumer, approved provider or service provider of a Commonwealth‑funded aged care service. (3) The Commissioner must comply with a direction under subsection (1). (4) Subsection (3) does not apply to the extent that the direction relates to the Commissioner's performance of functions, or exercise of powers, under the following Acts in relation to the Commission: (a) the Public Service Act 1999; (b) the Public Governance, Performance and Accountability Act 2013. 23 Fees (1) The Commissioner may charge fees for services provided by the Commissioner in performing the Commissioner's functions. (1A) However, the Commissioner must not charge: (a) an aged care consumer, or their representative, fees for services provided by the Commissioner in performing the consumer engagement functions; or (b) a complainant fees for services provided by the Commissioner in performing the complaints functions. (2) A fee must not be such as to amount to taxation. Division 3—Appointment of the Commissioner 24 Appointment (1) The Commissioner is to be appointed by the Minister by written instrument, on a full‑time basis. Note: The Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901. (2) The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. 25 Acting Commissioner The Minister may, by written instrument, appoint a person to act as the Commissioner: (a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Commissioner: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901. Division 4—Terms and conditions of appointment 26 Remuneration and allowances (1) The Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is specified in the rules. (2) The Commissioner is to be paid the allowances that are specified in the rules. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 27 Leave of absence (1) The Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Minister may grant the Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines. 28 Other paid work The Commissioner must not engage in paid work outside the duties of the Commissioner's office without the Minister's approval. 29 Other terms and conditions The Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined, in writing, by the Minister. 30 Resignation (1) The Commissioner may resign the Commissioner's appointment by giving the Minister a written resignation. (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day. 31 Termination of appointment (1) The Minister may terminate the appointment of the Commissioner: (a) for misbehaviour; or (b) if the Commissioner is unable to perform the duties of the office because of physical or mental incapacity. (2) The Minister may terminate the appointment of the Commissioner if: (a) the Commissioner: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with the Commissioner's creditors; or (iv) makes an assignment of the Commissioner's remuneration for the benefit of the Commissioner's creditors; or (b) the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (c) the Commissioner engages, except with the Minister's approval, in paid work outside the duties of the Commissioner's office (see section 28); or (d) fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section. Part 4—Staff of the Commission etc. 32 Simplified outline of this Part The staff of the Commission are to be persons engaged under the Public Service Act 1999. The Commissioner may also be assisted by certain other officers and employees. The Commissioner may engage consultants to assist in the performance of the Commissioner's functions. 33 Staff (1) The staff of the Commission are to be persons engaged under the Public Service Act 1999. (2) For the purposes of the Public Service Act 1999: (a) the Commissioner and the staff of the Commission together constitute a Statutory Agency; and (b) the Commissioner is the Head of that Statutory Agency. 34 Persons assisting the Commissioner (1) The Commissioner may also be assisted by: (a) officers and employees of Agencies (within the meaning of the Public Service Act 1999), and of authorities of the Commonwealth, whose services are made available to the Commissioner in connection with the performance of any of the Commissioner's functions; and (b) persons whose services are made available under arrangements made under subsection (2). (2) The Commissioner may, on behalf of the Commonwealth, make an arrangement with the appropriate authority or officer of: (a) a State or Territory government; or (b) a State or Territory government authority; under which the government or authority makes officers or employees available to the Commissioner to perform services in connection with the performance of any of the Commissioner's functions. (3) An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State or Territory with respect to the services of a person or persons to whom the arrangement relates. (4) When performing services for the Commissioner under this section, a person is subject to the directions of the Commissioner. 35 Consultants (1) The Commissioner may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Commissioner's functions. (2) The consultants are to be engaged on the terms and conditions that the Commissioner determines in writing. 35A Chief Clinical Advisor The Commissioner must, in writing, appoint a person who is a member of the staff of the Commission, or a consultant engaged under section 35, as the Chief Clinical Advisor to assist the Commissioner in the performance of the Commissioner's functions. Part 5—Aged Care Quality and Safety Advisory Council Division 1—Introduction 36 Simplified outline of this Part This Part establishes the Advisory Council. It has the functions of providing: (a) on its own initiative or on request, advice to the Commissioner in relation to the Commissioner's functions; and (b) on request, advice to the Minister about matters arising in relation to the performance of those functions. The Advisory Council is to consist of a Chair and at least 6, but not more than 10, other members. The members are to be appointed by the Minister and must have substantial experience or knowledge in a specified field. The Minister may give written directions to the Advisory Council about the performance of its functions or the procedures to be followed in relation to its meetings. Division 2—Establishment and functions of the Advisory Council 37 Establishment of the Aged Care Quality and Safety Advisory Council The Aged Care Quality and Safety Advisory Council is established by this section. 38 Functions of the Advisory Council The functions of the Advisory Council are: (a) on its own initiative or at the request of the Commissioner, to provide advice to the Commissioner in relation to the Commissioner's functions; and (b) at the request of the Minister, to provide advice to the Minister about matters arising in relation to the performance of the Commissioner's functions. 39 Minister may give directions about the Advisory Council's functions (1) The Minister may, by legislative instrument, give written directions to the Advisory Council about the performance of the Advisory Council's functions. Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act). (2) A direction given by the Minister under subsection (1): (a) must be of a general nature only; and (b) must not relate to a particular aged care consumer, approved provider or service provider of a Commonwealth‑funded aged care service. (3) The Advisory Council must comply with a direction under subsection (1). Division 3—Membership of the Advisory Council 40 Membership of the Advisory Council The Advisory Council consists of the following members: (a) a Chair; (b) at least 6, and not more than 10, other members. 41 Appointment of Advisory Council members (1) Each Advisory Council member is to be appointed by the Minister by written instrument, on a part‑time basis. Note: An Advisory Council member may be reappointed: see section 33AA of the Acts Interpretation Act 1901. (2) An Advisory Council member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years. (3) A person is not eligible for appointment to the Advisory Council unless the Minister is satisfied that the person has substantial experience or knowledge in at least one of the following fields: (a) evaluation of quality management systems; (b) provision of care and services to aged care consumers, including provision of care and services to people with special needs; (c) issues affecting aged care consumers or their representatives; (d) geriatrics; (e) gerontology; (f) aged care nursing; (g) psychiatry of the older person; (h) adult education; (i) public administration; (j) management, including human resources management and information and data management; (k) law; (l) health consumer issues; (m) any other appropriate field of expertise. 42 Acting appointments Chair (1) The Minister may appoint a person to act as the Chair: (a) during a vacancy in the office of the Chair (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Chair: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. Other Advisory Council members (2) The Minister may appoint a person to act as an Advisory Council member (other than the Chair): (a) during a vacancy in the office of an Advisory Council member (other than the Chair), whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when an Advisory Council member (other than the Chair): (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. Eligibility (3) A person is not eligible for appointment under subsection (1) or (2) unless the person is eligible for appointment as an Advisory Council member. Note 1: For eligibility to be appointed as an Advisory Council member, see subsection 41(3). Note 2: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901. 43 Remuneration and allowances (1) An Advisory Council member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is specified in the rules. (2) However, an Advisory Council member is not entitled to be paid remuneration if the member holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of: (a) a State; or (b) a corporation (a public statutory corporation) that: (i) is established for a public purpose by a law of a State; and (ii) is not a tertiary education institution; or (c) a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation. Note: A similar rule applies to an Advisory Council member who has a similar relationship with the Commonwealth or a Territory: see subsection 7(11) of the Remuneration Tribunal Act 1973. (3) An Advisory Council member is to be paid the allowances that are specified in the rules. (4) This section (other than subsection (2)) has effect subject to the Remuneration Tribunal Act 1973. 44 Leave of absence (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines. (2) The Chair may grant leave of absence to another Advisory Council member on the terms and conditions that the Chair determines. 45 Disclosure of interests to the Minister An Advisory Council member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member's functions. 46 Disclosure of interests to the Advisory Council (1) An Advisory Council member who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by the Advisory Council must disclose the nature of the interest to a meeting of the Advisory Council. (2) The disclosure must be made as soon as possible after the relevant facts have come to the Advisory Council member's knowledge. (3) The disclosure must be recorded in the minutes of the meeting of the Advisory Council. (4) Unless the Advisory Council otherwise determines, the Advisory Council member: (a) must not be present during any deliberation by the Advisory Council on the matter; and (b) must not take part in any decision of the Advisory Council with respect to the matter. (5) For the purposes of making a determination under subsection (4), the Advisory Council member: (a) must not be present during any deliberation of the Advisory Council for the purpose of making the determination; and (b) must not take part in making the determination. (6) A determination under subsection (4) must be recorded in the minutes of the meeting of the Advisory Council. 47 Resignation (1) An Advisory Council member may resign the member's appointment by giving the Minister a written resignation. (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day. 48 Termination of appointment (1) The Minister may terminate the appointment of an Advisory Council member: (a) for misbehaviour; or (b) if the Advisory Council member is unable to perform the duties of the office because of physical or mental incapacity. (2) The Minister may terminate the appointment of the Advisory Council member if: (a) the Advisory Council member: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with the member's creditors; or (iv) makes an assignment of the member's remuneration for the benefit of the member's creditors; or (b) the Advisory Council member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Council; or (c) fails, without reasonable excuse, to comply with section 45 or 46 (which deal with the disclosure of interests). 49 Other terms and conditions An Advisory Council member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined, in writing, by the Minister. Division 4—Procedures of the Advisory Council 50 Procedures of the Advisory Council (1) The Minister may give the Advisory Council written directions about the procedures to be followed in relation to meetings of the Advisory Council. (2) A direction given under subsection (1) is not a legislative instrument. Part 6—Reporting and planning 51 Simplified outline of this Part This Part makes provision in relation to the annual report and corporate plan for the Commission. The Commissioner is also required to give the Minister an annual operational plan that meets the requirements of this Part. 52 Annual report The annual report prepared by the Commissioner and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include: (a) an assessment of the extent to which the Commission's operations during the period have contributed to the priorities set out in the annual operational plan for the period; and (b) particulars of any variations of the annual operational plan during the period; and (c) an evaluation of the Commission's overall performance during the period against the performance indicators set out in the annual operational plan for the period; and (d) information about sanctions imposed under Part 7B for non‑compliance with aged care responsibilities, including the nature of the non‑compliance and the sanctions imposed. 53 Consulting on corporate plans In preparing a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013, the Commissioner must consult the Minister and the Advisory Council. 54 Annual operational plans (1) The Commissioner must give the Minister a written annual operational plan for: (a) the period beginning on the day this Act commences and ending on 30 June 2019; and (b) the financial year starting on 1 July 2019 and each later financial year. (2) The plan must: (a) set out particulars of the action that the Commissioner intends to take during the period to give effect to, or further, the objectives set out in the plan; and (b) set out the Commissioner's priorities for work to be undertaken during the period; and (c) set out how the Commissioner will apply the resources of the Commission to achieve those objectives; and (d) include an assessment of risks faced by the Commission for the period together with a plan to manage those risks; and (e) include such performance indicators as the Commissioner considers appropriate for assessing the performance of the Commissioner during the period. (3) In preparing the plan, the Commissioner must consult the Minister and the Advisory Council. (4) The plan is not a legislative instrument. Part 7—Information sharing and confidentiality etc. Division 1—Introduction 55 Simplified outline of this Part Certain information must be shared by the Commissioner and Secretary for the purposes of their functions or powers. The Commissioner may also be required by the Minister to prepare reports, or give information, about matters relating to the performance of the Commissioner's functions. The Commissioner may make specified information about an aged care service publicly available but that information must not include personal information. Information acquired under, or for the purposes of, this Act or the rules will be protected information under this Act if the information: (a) is personal information; or (b) relates to the affairs of an approved provider or service provider of a Commonwealth‑funded aged care service. A person must not make a record of, or use or disclose, protected information except in accordance with Division 4 of this Part. The Commissioner is permitted to disclose protected information in certain circumstances. Division 2—Information sharing 56 Commissioner must give information to the Secretary in certain circumstances (1) The Commissioner must, in circumstances specified in the rules, give information of a kind specified in the rules to the Secretary for the purposes of the Secretary's functions or powers. (2) If: (a) the Secretary requests the Commissioner to give the Secretary information that the Secretary requires for the purposes of the Secretary's functions or powers; and (b) the information is available to the Commissioner; the Commissioner must give the information to the Secretary. (3) Subsection (1) does not limit the information that the Secretary may request under subsection (2). 57 Secretary must give information to the Commissioner on request If: (a) the Commissioner requests the Secretary to give the Commissioner information that the Commissioner requires for the purposes of the Commissioner's functions or powers; and (b) the information is available to the Secretary; the Secretary must give the information to the Commissioner. 58 Minister may require the Commissioner to prepare reports or give information Reports (1) The Minister may, by written notice given to the Commissioner, require the Commissioner to: (a) prepare a report about one or more specified matters relating to the performance of the Commissioner's functions; and (b) give the report to the Minister within the period specified in the notice. Information (2) The Minister may, by written notice given to the Commissioner, require the Commissioner to: (a) prepare a document setting out specified information relating to the performance of the Commissioner's functions; and (b) give the document to the Minister within the period specified in the notice. Compliance (3) The Commissioner must comply with a requirement under subsection (1) or (2). Publication of reports and documents (4) The Minister