Inspector-General of Aged Care Act 2023 (Cth)

Inspector‑General of Aged Care Act 2023

No. 55, 2023

An Act to provide for the appointment of an Inspector‑General of Aged Care, and for related purposes

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Objects 4 Simplified outline of this Act 5 Definitions 6 Act binds the Crown 7 Application of this Act Part 2—Establishment and functions and powers of the Inspector‑General of Aged Care Division 1—Introduction 8 Simplified outline of this Part Division 2—Inspector‑General of Aged Care Subdivision A—Inspector‑General of Aged Care 9 Inspector‑General of Aged Care 10 Functions of the Inspector‑General 11 Independence of Inspector‑General Subdivision B—Office of the Inspector‑General of Aged Care 12 Establishment of the Office of the Inspector‑General of Aged Care 13 Constitution of the Office 14 Functions of the Office Division 3—Reviews by the Inspector‑General Subdivision A—Annual work plans 15 Inspector‑General must prepare annual work plan 16 Variation of annual work plan Subdivision B—Process for conducting reviews 17 Reviews by the Inspector‑General 18 Notice of review 19 Inspector‑General may invite submissions 20 Submissions may be made publicly available Subdivision C—Review reports 21 Draft review report 22 Opportunity to respond must be given before including certain information in draft review report 23 Unauthorised disclosure of draft review reports etc. 24 Final review report 25 Tabling and publication of final review report 26 Certain information not to be included in review reports Subdivision D—Reporting misconduct by Commonwealth officials 27 Reporting misconduct by Commonwealth officials Division 4—Other functions and powers 28 Reviews of implementation of Aged Care Royal Commission recommendations 29 Extra reports to Parliament Part 3—Administrative provisions Division 1—Introduction 30 Simplified outline of this Part Division 2—Appointment of the Inspector‑General 31 Appointment 32 Term of office 33 Acting appointments 34 Remuneration and allowances 35 Leave of absence for Inspector‑General 36 Other paid work 37 Other terms and conditions 38 Resignation 39 Termination of appointment Division 3—Staff and consultants etc. 40 Staff 41 Persons assisting the Inspector‑General 42 Consultants Part 4—Information management Division 1—Introduction 43 Simplified outline of this Part Division 2—Information‑gathering powers 44 Power of Inspector‑General to obtain information 45 Information that must be given in private 46 False or misleading information 47 False or misleading documents 48 Inspector‑General may retain documents and things 49 When documents and things must be returned 50 Access to premises etc. 51 Privilege against self‑incrimination and penalty privilege 52 Legal professional privilege 53 Secrecy provisions Division 3—Protections relating to disclosing information Subdivision A—Protecting identity of disclosers in certain circumstances 54 Disclosures qualifying for protection 55 Confidentiality of identity of disclosers Subdivision B—Protection from victimisation 56 Victimisation prohibited Subdivision C—Immunity from liability for certain disclosures 57 Disclosures qualifying for protection 58 Disclosure that qualifies for protection not actionable etc. 59 Liability for false or misleading disclosures unaffected 60 Person's liability for own conduct not affected 61 Claims for protection 62 Protection has effect despite other Commonwealth laws Division 4—Secrecy of information 63 Unauthorised use or disclosure of protected information 64 Authorisations to use or disclose information Part 5—Compliance and enforcement 65 Simplified outline of this Part 66 Civil penalty provisions 67 Physical elements of offences 68 Contravening an offence provision or a civil penalty provision Part 6—Miscellaneous 69 Simplified outline of this Part 70 Protection from liability 71 Annual report 72 Delegation by the Inspector‑General 73 Regulations