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consumer engagement functions: see section 17. funding agreement that relates to a Commonwealth‑funded aged care service: see subsection 8(2). 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: (iv)  representatives of aged care consumers; (b)  to collect, correlate, analyse and disseminate information relating to any one or more of the Commissioner’s functions referred to in section 16. The Commission has a range of resources available for download to support service providers and their consumers to understand the Quality Standards. The arrangements in place to regulate the quality and safety of these programs will also be described in this paper. The Commission consists of the Commissioner and the staff of the Commission. Commissioner means the Commissioner of the Commission. (b)  must not take part in making the determination. (h)  the review or reconsideration of decisions relating to the accreditation of an aged care service or the registration of a quality assessor. (2)  Any information in column 3 of the table is not part of this Act. means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise). (1)  Each Advisory Council member is to be appointed by the Minister by written instrument, on a part‑time basis. Part 5—Aged Care Quality and Safety Advisory Council. (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. (ii)  is on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises; and remove the disk, tape or other storage device from the premises. 67  Asking questions and seeking production of documents. Compilations; Principal + Amendments; Displayed here are links to compilations of the Principal, the most current at the top of the list. means Principles made under section 96‑1 of the Aged Care Act. The University of Queensland conducted its research for the Royal Commission into Aged Care Quality and Safety using detailed financial data, a comprehensive set of care quality indicators for aged care homes, and a measure of relative care needs, which was developed by the University of Wollongong in Research Paper 10. The Care Quality Commission monitors, inspects and regulates hospitals, care homes, GP surgeries, dental practices and other care services to make sure they meet fundamental standards of quality and safety and publishes what it finds, including performance ratings to help people choose care. The Commission replaces the Australian Aged Care Quality Agency and the Aged Care Complaints Commissioner. The following functions transition to the Commission: aged care compliance and enforcement actions compulsory reporting of assaults prudential compliance operations approving all residential and home care providers home care compliance and investigations. 21  Rules may make provision for, or in relation to, the performance of a function of the Commissioner. (3)  Despite subsection 14(2) of the Legislation Act 2003, the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or other writing as in force or existing from time to time. On 1 July 2019, the Aged Care Quality and Safety Commission began assessing and monitoring quality of care and services against the Aged Care Quality Standards. Since 1 January 2019, the Aged Care Quality and Safety Commission replaced the former Aged Care Complaints Commissioner and the former Australian Aged Care Quality Agency, combining the functions of the two former agencies into a single service that oversees aged care compliance monitoring, complaints, and customer service. Commission Act means the Aged Care Quality and Safety Commission Act 2018. complainant means a person who makes a complaint. 8 Meaning of Commonwealth-funded aged care service etc. Division 2—Establishment and functions of the Advisory Council, 37  Establishment of the Aged Care Quality and Safety Advisory Council. Published: 15 Nov 2020 . care has the same meaning as in the Aged Care Act. The Aged Care Quality and Safety Commission (Commission) conducts quality reviews of home services to assess whether a home service provider delivers services in accordance with the Aged Care Quality Standards (Quality Standards). The Honourable Tony Pagone QC and Ms Lynelle Briggs AO have been appointed as Royal Commissioners. (b)  give the document to the Minister within the period specified in the notice. Aged Care Quality & Safety Commission. A person must not make a record of, or use or disclose, protected information except in accordance with Division 4 of this Part. Based on the Aged Care Quality and Safety Commission’s assessment, their performance against each Quality Standard is rated using four bars. 58  Minister may require the Commissioner to prepare reports or give information. 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. (1)  The search powers include the power to: (a)  operate electronic equipment on the premises entered in accordance with section 65 or 68; and. There are eight Aged Care Quality Standards that the government, service providers, and the community have all agreed to. Asking questions and seeking production of documents.................. 48, Division 4—Search powers                                                                                      50, 71.......... Search powers................................................................................... 50, 72.......... Operating electronic equipment......................................................... 50, Division 5—Appointment of authorised complaints officers etc. 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. Appointment of authorised complaints officers, Note:          A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the, Note:          Sections 34AA to 34A of the, Review of operation of this Act and the rules, Aged Care Quality and Safety Commission Bill 2018. Collapse. (a)  the power to operate electronic equipment on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; (b)  the power to operate electronic equipment on the premises to transfer the relevant data to a disk, tape or other storage device that: (i)  is brought to the premises for the exercise of the power; or. 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. of protected information disclosed by the Commissioner, (a)  the person makes a record of, or uses or discloses, information; and, (b)  the information is information that was disclosed to the person under section 61; and. Exceptional Circumstances During the COVID-19 pandemic, the Aged Care Quality and Safety Commission has temporarily modified our Regulatory Program, including the suspension of site audits to determine whether to accredit, not to re-accredit or vary the periods of accreditation for a service. Aged Care Quality and Safety Commissioner, Janet Anderson, told Inside Ageing the Commission is using the full range of its regulatory powers to closely monitor and respond to the COVID-19 pandemic across Australia in response to the pandemic, and to support to aged care services in managing the increased risks of a COVID-19 outbreak. Division 2—Powers of authorised complaints officers in relation to premises. (a)  a quality assessor enters premises because of the consent of the occupier of the premises; and. They will also be required to comply with the Aged Care Quality Standards from 1 July 2019. Code of Conduct for certain health care workers, Website by CeRDI ©Legal Services (2)  Before the regulatory official makes a request of an approved provider under subsection (1), the official must inform the provider that the provider has a responsibility under paragraph 63‑1(1)(ba) of the Aged Care Act to cooperate with a person who is exercising powers under this Part. Vacancy in the office of an Advisory Council member, Establishment of the Aged Care Quality and Safety Commission, (2)  For the purposes of the finance law (within the meaning of the, Consumer engagement functions of the Commissioner, Rules may make provision for, or in relation to, the performance of a function of the Commissioner, Minister may give directions to the Commissioner, Note:          Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the, Note:          The Commissioner may be reappointed: see section 33AA of the, Note:          For rules that apply to acting appointments, see sections 33AB and 33A of the, (3)  This section has effect subject to the, (d)  fails, without reasonable excuse, to comply with section 29 of the, The staff of the Commission are to be persons engaged under the, (1)  The staff of the Commission are to be persons engaged under the, (a)  officers and employees of Agencies (within the meaning of the, Aged Care Quality and Safety Advisory Council, Establishment and functions of the Advisory Council, Establishment of the Aged Care Quality and Safety Advisory Council, Minister may give directions about the Advisory Council’s functions, Note:          An Advisory Council member, Note 2:       For rules that apply to acting appointments, see sections 33AB and 33A of the, 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, (4)  This section (other than subsection (2)) has effect subject to the, Disclosure of interests to the Advisory Council, The annual report prepared by the Commissioner and given to the Minister under section 46 of the, In preparing a corporate plan under section 35 of the. The Royal Commission into Aged Care Quality and Safety has now closed for public submissions. (2)  The persons who conduct the review must give the Minister a written report of the review. The Aged Care Quality and Safety Commission (Commission) takes a risk-based approach to monitoring the quality of care and services provided by providers of aged care services. that relates to a Commonwealth‑funded aged care service: see subsection 8(2). 57  Secretary must give information to the Commissioner on request, (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. Commission has a range of resources available for download to support service providers dementia doesn ’ t discriminate but... Include personal information report to the Secretary ; the Secretary in certain circumstances see sections 33AB 33A. 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