Aged Care and Other Legislation Amendment (Royal Commission Response) Bill 2022

Type
Government
Portfolio
Health and Aged Care
Originating house
House of Representatives
Status
Act
Parliament no
47

Track (What's this?)

Permalink

Summary

Amends: the Aged Care Act 1997 and Aged Care (Transitional Provisions) Act 1997 to enable the introduction of the Australian National Aged Care Classification to replace the Aged Care Funding Instrument as the residential aged care subsidy calculation model from 1 October 2022; the Aged Care Act 1997 to: require the secretary to publish information in the form of a star rating system in relation to the quality of aged care provided by residential aged care services and the performance of approved providers of those services in relation to responsibilities and standards; allow the Quality of Care Principles to make provision for the giving of informed consent to the use of restrictive practices in circumstances where a care recipient does not have capacity to consent themselves; and provide immunity from civil or criminal liability in relation to the use of a restrictive practice in certain circumstances; the Aged Care Act 1997 and Aged Care Quality and Safety Commission Act 2018 to: require compliance with a code of conduct by approved providers and their aged care workers and governing persons; extend the Serious Incident Response Scheme to home and flexible care delivered in a home or community care setting from 1 December 2022; introduce new governance and reporting responsibilities for approved providers of Commonwealth-funded aged care; enable the secretary or commissioner to request information or documents from a provider or borrower relating to the use of a loan made with a refundable deposit or accommodation bond and create an offence for a borrower who does not comply with this request; and extend the period of liability for the existing offences for the misuse of refundable accommodation deposits prior to an insolvency event for both providers and key personnel of providers; five Acts to enable information sharing between certain Commonwealth bodies; the National Health Reform Act 2011 and Aged Care Act 1997 to expand the functions of a renamed Independent Health and Aged Care Pricing Authority and establish new governance arrangements and appointments processes; and the National Health Reform Act 2011, Aged Care Act 1997 and Aged Care Quality and Safety Commission Act 2018 to enable the use and disclosure of information required for the authority to perform its new functions.

Progress

House of Representatives
Introduced and read a first time 27 Jul 2022
Second reading moved 27 Jul 2022
Second reading debate 27 Jul 2022
Second reading agreed to 27 Jul 2022
Third reading agreed to 27 Jul 2022
Senate
Introduced and read a first time 27 Jul 2022
Second reading moved 27 Jul 2022
Second reading debate 28 Jul 2022
Second reading debate 01 Aug 2022
Second reading agreed to 01 Aug 2022
Committee of the Whole debate 01 Aug 2022
Third reading agreed to 02 Aug 2022
Finally passed both Houses 02 Aug 2022
Assent
  • Act no: 34
  • Year: 2022
05 Aug 2022

Documents and transcripts

Text of bill

Explanatory memoranda

Proposed amendments

Senate

Schedules of amendments

No documents at present

Notes

Helpful information

Text of bill

  • First reading: Text of the bill as introduced into the Parliament
  • Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
  • As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

  • Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
  • Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
  • Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changes to the bill. For details about the outcome of proposed amendments please refer to either the Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.

We acknowledge the traditional owners and custodians of country throughout Australia and acknowledge their continuing connection to land, waters and community. We pay our respects to the people, the cultures and the elders past, present and emerging.

Aboriginal and Torres Strait Islander people are advised that this website may contain images and voices of deceased people.