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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aged Care Amendment (Staffing Ratio
Disclosure) Bill 2019
No. , 2019
(Ms Sharkie)
A Bill for an Act to amend the Aged Care Act 1997,
and for related purposes
No. , 2019
Aged Care Amendment (Staffing Ratio Disclosure) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Aged Care Act 1997
3
No. , 2019
Aged Care Amendment (Staffing Ratio Disclosure) Bill 2019
1
A Bill for an Act to amend the Aged Care Act 1997,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Aged Care Amendment (Staffing Ratio Disclosure)
5
Act 2019.
6
2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Aged Care Amendment (Staffing Ratio Disclosure) Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
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Amendments Schedule 1
No. , 2019
Aged Care Amendment (Staffing Ratio Disclosure) Bill 2019
3
Schedule 1--Amendments
1
2
Aged Care Act 1997
3
1 After section 9-3B
4
Insert:
5
9-3C Obligation to notify Secretary of staff to care recipient ratios
6
(1) An approved provider must, for each residential care service
7
operated by the approved provider and for each day referred to in
8
subsection (4), notify the Secretary of the ratio of:
9
(a) care recipients to whom residential care is being provided
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through that residential care service; to
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(b) staff members of the approved provider who provide a
12
service connected with that residential care service.
13
Note:
Approved providers have a responsibility under Part 4.3 to comply
14
with this obligation. Failure to comply with a responsibility can result
15
in a sanction being imposed under Part 4.4. Information notified under
16
this section is made publicly available (see section 86-9).
17
(2) The ratio must also be broken down into ratios for each category of
18
staff member referred to in subsection (5).
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(3) In counting staff members for the purposes of this section,
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part-time staff members are to be taken into account as an
21
appropriate fraction of a full-time equivalent.
22
(4) For the purposes of subsection (1), the days are the following:
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(a) the 4 days, in each year, specified in the regulations; or
24
(b) if no days are specified in the regulations for the purposes of
25
paragraph (a)--each 1 January, 1 April, 1 July and 1 October.
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(5) For the purposes of subsection (2), the categories of staff member
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are the following:
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(a) registered nurses level 1;
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(b) registered nurses level 2;
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(c) registered nurses level 3;
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(d) registered nurses level 4;
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(e) registered nurses level 5;
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Schedule 1 Amendments
4
Aged Care Amendment (Staffing Ratio Disclosure) Bill 2019
No. , 2019
(f) enrolled nurses;
1
(g) nurses with a certificate IV or an equivalent qualification;
2
(h) personal care attendants;
3
(i) allied health staff;
4
(j) other staff members.
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(6) A notification under subsection (1) must be made as soon as
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practicable after the day to which the notification relates.
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(7) The notification must be in the form approved by the Secretary.
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(8) The notification may include an explanation by the approved
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provider in relation to any ratio notified. The explanation must not
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exceed 250 words in total.
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Note:
If an explanation is provided, the explanation will be made publicly
12
available: see section 86-9.
13
(9) If, between making notifications under subsection (1), there is a
14
change of more than 10% in a ratio notified under that subsection,
15
the approved provider must, within 28 days of that change, notify
16
the Secretary of the change.
17
(10) The Secretary must cause a review of the operation of this section
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to be undertaken as soon as possible after the first anniversary of
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the commencement of this section.
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(11) The review must include a review of:
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(a) the operation of subsection (4) and whether the ratio referred
22
to in subsection (1) should be reported for both daytime and
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night time and for Saturdays and Sundays; and
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(b) the operation of subsection (9) and whether the requirement
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to notify changes under that subsection creates an
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unnecessary reporting burden for smaller residential care
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services.
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(12) The Secretary must give the Minister a written report of the review.
29
(13) The Minister must cause a copy of the report of the review to be
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tabled in each House of the Parliament within 15 sitting days of
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that House after the report is given to the Minister.
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(14) In this section:
33
Amendments Schedule 1
No. , 2019
Aged Care Amendment (Staffing Ratio Disclosure) Bill 2019
5
staff member of an approved provider has the same meaning as in
1
section 63-1AA.
2
2 After subsection 86-9(1)
3
Insert:
4
(1A) The Secretary must make publicly available:
5
(a) any information about staff to care recipient ratios of
6
residential care services notified to the Secretary under
7
section 9-3C; and
8
(b) for each residential care service for which information is so
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notified in relation to a day:
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(i) any information about the average claim made in
11
relation to that service for that day under the Aged Care
12
Funding Instrument (as in force or existing from time to
13
time); and
14
(ii) any information about whether, relative to other
15
residential care services, that average claim is low,
16
medium or high.
17
3 Subsection 86-9(2)
18
After "(1)", insert "or (1A)".
19