Aged Care Act 2024 (Cth)

Aged Care Act 2024

No. 104, 2024

An Act about aged care, and for related purposes

Contents Chapter 1—Introduction Part 1—Preliminary 1 Short title 2 Commencement 3 Act binds the Crown 4 Extension to external Territories 5 Objects of this Act 6 Simplified outline of this Act Part 2—Definitions and key concepts Division 1—Definitions 7 Definitions Division 2—Key concepts 8 Aged care service list 9 Funded aged care services and who they are delivered to 10 Where funded aged care services are delivered 11 Who delivers funded aged care services 12 Meaning of responsible person 13 Meaning of suitability matters in relation to an individual 14 Aged Care Code of Conduct 15 Aged Care Quality Standards 16 Meaning of reportable incident 17 Restrictive practice in relation to an individual 18 Restrictive practice requirements 19 Meaning of significant failure and systematic pattern of conduct 20 Meaning of high quality care 21 Meaning of protected information 22 Meaning of dependent child Part 3—Aged care rights and principles Division 1—Aged care rights 23 Statement of Rights 24 Effect of Statement of Rights Division 2—Aged care principles 25 Statement of Principles 26 Effect of Statement of Principles Part 4—Supporters Division 1—Actions and duties of supporters 27 Actions of supporters 28 Role of guardians etc 29 Giving information and documents to supporters 30 Duties of supporters 31 Duty to inform of matters affecting ability or capacity to act as supporter 32 When there is no breach of duty 33 Concurrent operation of State and Territory laws Division 2—Protections relating to supporters 34 Protection of individual against liability for actions of supporter 35 Protection of supporter against liability 36 Offence for abuse of position as supporter Division 3—Registration of supporters 37 Registration of supporters 38 Notice of decision not to register a person as a supporter 39 Notification of registration of supporter in circumstances where individual has not consented to registration 40 Content of notice of registration 41 Effect of registration as a supporter 42 Period of effect of registration Division 5—Suspensions and cancellations of registration 49 Suspension of registration 50 Notice and decisions following suspension of registration 51 Cancellation of registration following suspension, or revoking suspension 52 Cancellation of registration of supporter on request by supporter 53 Cancellation of registration of supporter on request by individual 54 Notification of cancellation of registration Chapter 2—Entry to the Commonwealth aged care system Part 1—Introduction 55 Simplified outline of this Chapter Part 2—Eligibility for entry Division 1—Applying for access to funded aged care services 56 Requirements for applications 57 System Governor must decide whether to make determination 58 Eligibility determination for an aged care needs assessment 59 Notice of decision not to make a determination 60 Period of effect of determination Division 2—Aged care needs assessments and reassessments 61 Aged care needs assessments 62 Undertaking aged care needs assessments 63 Aged care needs assessment reports 64 Aged care needs reassessments Division 3—Approval of access to funded aged care services 65 Approval of access for funded aged care services 66 Aboriginal or Torres Strait Islander persons 67 Individuals with an impairment or sickness 68 Individuals with a sickness 69 Conditions on approvals of service types or services in certain service groups 70 Notice of decision 71 Period of effect of approval Division 4—Revoking eligibility determinations and access approvals 72 Request for revocation 73 Revocation on request 74 Revocation on initiative of System Governor Part 3—Classification Division 1—Classification assessments and decisions 75 Classification assessments 76 Undertaking classification assessments 77 Classification assessment reports 78 Classification decisions 79 Notice of decision 80 Period of effect of classification level 81 Classification levels and procedures Division 2—Applying for a classification reassessment 82 Requirements for applications for classification reassessments Division 3—Changing classifications 83 Changing classifications Part 4—Prioritisation 84 Prioritisation assessment 85 Prioritisation report 86 Priority category decisions 87 Priority categories and urgency ratings 88 Notice of decision 89 Period of effect of decision 90 Changing priority category for service group Part 5—Place allocation Division 1—Allocation of places to individuals 91 Number of places available for allocation 92 Allocation of places to individuals 93 Method or procedure for allocations Division 2—Allocation of a place to registered providers for certain specialist aged care programs 94 Number of places available for allocation 95 System Governor may decide to allocate a place 96 Notice of decision to allocate a place 97 When a place is in effect 98 Transfer of places 99 Conditions that apply to an allocated place 100 Application to vary a condition relating to an allocated place 101 System Governor must decide whether to vary a condition 102 Notice of decision on whether to vary a condition Chapter 3—Registered providers, aged care workers and aged care digital platform operators Part 1—Introduction 103 Simplified outline of this Chapter Part 2—Provider registration and residential care home approval process Division 1—Applications for registration and registration decisions Subdivision A—Applications for registration 104 Registration of providers 105 Commissioner must decide whether to register the entity Subdivision B—Applications for renewal 106 Invitation to renew registration 107 Renewal of registration 108 Commissioner must decide whether to renew the registration Subdivision C—Registration and renewal requirements 109 Registration and renewal requirements 110 Audit requirements Division 2—Applications for approval of residential care homes Subdivision A—Applications for approval 111 Approval of residential care homes 112 Commissioner must decide whether to approve the home Subdivision B—Approval requirements 113 Approval requirements Division 3—Notice of decisions and other provisions Subdivision A—Registration and renewal decisions 114 Notice of decision to register or renew 115 Registration period 116 Extension of registration period—pending applications 117 Deemed registration Subdivision B—Residential care home approval decisions 118 Notice of decision to approve residential care home 119 Approval period 120 Deemed approval Subdivision C—Refusal decisions 121 Notice of possible refusal 122 Notice of refusal decisions Part 3—Variations, suspensions and revocations Division 1—Variations, suspensions and revocations of registrations 123 Variation of registration on Commissioner's own initiative 124 Variation of registration on application by registered provider 125 Notice of possible variation of registration on Commissioner's own initiative 126 Notice of possible refusal to vary registration on application by registered provider 127 Notice of decision to vary 128 Notice of decision not to vary 129 Suspension of registration 130 Effect of registration while suspended 131 Revocation of registration 132 Notice of possible suspension or revocation on Commissioner's own initiative 133 Registered provider may be required to agree to certain matters if revocation is being considered 134 Notice of Commissioner initiated suspension or revocation 135 Notice of suspension or revocation on request by registered provider Division 2—Variations, suspensions and revocations of approvals of residential care homes 136 Variation of approval on Commissioner's own initiative 137 Variation of approval on application by registered provider 138 Revocation of approval 139 Notice of possible variation or revocation of approval on Commissioner's own initiative 140 Notice of variation or revocation of approval Division 3—Provider Register 141 Provider Register Part 4—Obligations of registered providers etc. and conditions on registration of registered providers Division 1—Conditions on provider registration Subdivision A—Compliance with conditions 142 Conditions of registration 143 Conditions imposed by the Commissioner Subdivision B—Conditions relating to Rights, Principles and Code of Conduct 144 Rights and principles 145 Aged Care Code of Conduct Subdivision C—Conditions relating to delivery of funded aged care services 146 Compliance with Aged Care Quality Standards 147 Continuous improvement 148 Delivery of funded aged care services 149 Starting and ceasing the provision of funded aged care services and continuity of those services Subdivision D—Conditions relating to financial matters 150 Compliance with Financial and Prudential Standards 151 Fees, payments, contributions and subsidies Subdivision E—Conditions relating to aged care workers 152 Workforce and aged care worker requirements 153 Vaccination Subdivision F—Conditions relating to information and access 154 Personal information and record keeping 155 Provision of information to individuals 156 Access by supporters and independent aged care advocates etc. Subdivision G—Conditions relating to governance 157 Membership of governing bodies 158 Advisory body requirements 159 Determination that certain conditions relating to the governing body of a registered provider do not apply 160 Variation or revocation of determination on the Commissioner's own initiative 161 Constitution of registered providers that are wholly‑owned subsidiary corporations Subdivision H—Conditions relating to restrictive practices 162 Restrictive practices 163 Immunity from civil or criminal liability in relation to the use of a restrictive practice in certain circumstances Subdivision I—Conditions relating to management of incidents and complaints 164 Incident management 165 Complaints, feedback and whistleblowers Division 2—Registered provider, responsible person and aged care worker obligations Subdivision A—Obligations relating to reporting, notifications and information 166 Reporting 167 Change in circumstances 168 Protection of personal information Subdivision B—Obligations relating to suitability of responsible persons 169 Responsible persons of a registered provider must notify of change of circumstances relating to suitability 170 Determination relating to suitability of responsible persons of a registered provider 171 Offence relating to failure to take action as required by determination 172 Offence relating to failure to comply with responsibility to consider suitability matters relating to responsible persons Subdivision C—Obligations relating to aged care workers etc. 173 Aged care workers of registered providers must comply with Aged Care Code of Conduct 174 Responsible persons of registered providers must comply with Aged Care Code of Conduct 175 Registered nurses 176 Delivery of direct care Subdivision D—Other obligations 177 Cooperation with other persons 178 Offences relating to non‑permitted use of refundable deposits Part 5—Statutory duty and compensation Division 1—Provider and responsible person duties 179 Registered provider duty 180 Duty for certain responsible persons Division 2—Other provisions that apply to duties 181 Duties not transferrable 182 Entity may have more than 1 duty 183 More than 1 entity can have a duty 184 Other duties not affected 185 Concurrent operation of State and Territory laws Division 3—Compensation pathway 186 Compensation orders 186A Protection of compensation Part 6—Aged care digital platform operators 187 Meaning of aged care digital platform 188 Duty of operators of aged care digital platforms 189 Other obligations of certain operators of aged care digital platforms Chapter 4—Funding of aged care services Part 1—Introduction 190 Simplified outline of this Chapter Part 2—Commonwealth contributions Division 1—Subsidy for home support Subdivision A—Person‑centred subsidy 191 Eligibility for person‑centred subsidy 192 Amount of person‑centred subsidy 193 Available ongoing home support account balance 194 Base individual amount 195 Available short‑term home support account balance 196 Primary person‑centred supplements 197 Secondary person‑centred supplements Subdivision B—Reduction amounts for person‑centred subsidy 198 Reduction amounts 199 The compensation payment reduction for person‑centred subsidy 200 The individual contribution reduction Subdivision C—Provider‑based subsidy 201 Eligibility for provider‑based subsidy 202 Amount of provider‑based subsidy 203 Available service delivery branch account balance 204 Base provider amount 205 Provider‑based supplements Subdivision D—Reduction amounts for provider‑based subsidy 206 Reduction amounts 207 The compensation payment reduction for provider‑based subsidy 208 The individual contribution reduction Division 2—Subsidy for assistive technology Subdivision A—Person‑centred subsidy 209 Eligibility for person‑centred subsidy 210 Amount of person‑centred subsidy 211 Available assistive technology account balance 212 Tier amount for individual 213 Primary person‑centred supplements 214 Secondary person‑centred supplements Subdivision B—Reduction amounts for person‑centred subsidy 215 Reduction amounts 216 The compensation payment reduction for person‑centred subsidy 217 The individual contribution reduction Division 3—Subsidy for home modifications Subdivision A—Person‑centred subsidy 218 Eligibility for person‑centred subsidy 219 Amount of person‑centred subsidy 220 Available home modifications account balance 221 Tier amount for individual 222 Primary person‑centred supplements 223 Secondary person‑centred supplements Subdivision B—Reduction amounts for person‑centred subsidy 224 Reduction amounts 225 The compensation payment reduction for person‑centred subsidy 226 The individual contribution reduction Division 3A—Unspent Commonwealth portions and home care accounts 226A Unspent Commonwealth portion 226B Return of unspent Commonwealth portion—provider election 226C Return of unspent Commonwealth portion—individual transfers between provider service delivery branches 226D Return of unspent Commonwealth portion—provider ceases to deliver services 226E Home care account balance Division 4—Subsidy for residential care Subdivision A—Person‑centred subsidy 227 Eligibility for person‑centred subsidy 228 Amount of person‑centred subsidy 229 Base rates 230 Primary person‑centred supplements 231 Secondary person‑centred supplements Subdivision B—Reduction amounts for person‑centred subsidy for ongoing residential care 232 Reduction amounts 233 The compensation payment reduction for person‑centred subsidy 234 System Governor's powers if compensation information is not given 235 The person‑centred subsidy reduction Subdivision C—Provider‑based subsidy 236 Eligibility for provider‑based subsidy 237 Amount of provider‑based subsidy 238 Base provider amount 239 Provider‑based supplements Subdivision D—Reduction amounts for provider‑based subsidy for ongoing residential care 240 Reduction amounts 241 The compensation payment reduction for provider‑based subsidy 242 Provider‑based reduction amount Subdivision E—Approved residential care homes with specialised status 243 Approved residential care homes with specialised status Subdivision F—Leave from approved residential care homes for ongoing residential care 244 When an individual is on leave 245 Determining situations of emergency to enable additional leave 246 Working out periods of leave Division 5—Subsidy for certain specialist aged care programs 247 Power to enter into agreements for delivery of funded aged care services under specialist aged care programs 248 Eligibility for subsidy 249 Amount of subsidy Division 6—Subsidy claims and payment Subdivision A—Claims and payment for home support, assistive technology and home modifications 250 Payment of subsidy 251 Claims for subsidy 252 Notice of refusal 253 Variations of claims Subdivision B—Claims and payment for residential care 254 Payment of subsidy 255 Meaning of payment period 256 Timing of payments 257 Claims for subsidy 258 Notice of refusal 259 Variations of claims Subdivision C—Claims and payment for specialist aged care programs 260 Claims and payment of subsidy Subdivision D—Miscellaneous provisions 261 Deduction for fees 262 Multiple claims 263 Transfers of service delivery branches and approved residential care homes Division 7—Grants 264 Power to enter into arrangements for delivery of funded aged care services 265 Power to enter into other arrangements 266 Terms and conditions relating to grants 267 Statutory funding conditions 268 Grantee Code of Conduct 269 System Governor has powers etc. of the Commonwealth 270 Constitutional limits 271 Executive power of the Commonwealth Part 3—Individual fees and contributions Division 1—Fees and contributions payable in a home or community setting 272 Division not to apply to specialist aged care programs 273 Contributions for delivery of funded aged care services in a home or community setting 273A Unspent care recipient portion 274 Compensation payment fee Division 2—Fees and contributions payable in an approved residential care home 275 Division not to apply to specialist aged care programs 276 Contributions for delivery of funded aged care services—ongoing residential care 277 Maximum daily amount of resident contribution 278 Hotelling contribution 279 Non‑clinical care contribution 280 Hotelling contribution and non‑clinical care contribution taken to be zero in some circumstances 281 Fees for pre‑entry period—ongoing residential care 282 Fees for reserving a bed—ongoing residential care 283 Fees for delivery of funded aged care services—short‑term residential care 284 Fees for higher everyday living 285 Other matters Division 3—Fees and contributions for specialist aged care programs 286 Fees and contributions payable for delivery of funded aged care services under a specialist aged care program Part 4—Accommodation payments and accommodation contributions Division 1—Application of this Part 287 Application of this Part 288 Rules may deal with application to specialist aged care programs Division 2—Maximum accommodation payment amounts and publication of certain amounts by the System Governor 289 Maximum accommodation payment amount 290 Pricing Authority may approve higher maximum accommodation payment amount 291 Registered provider must notify System Governor of accommodation payment amounts for purposes of publication Division 3—Accommodation agreements 292 Information to be given before provider enters into an accommodation agreement with an individual 293 Registered provider must enter accommodation agreement before delivering ongoing funded aged care services to an individual 294 Accommodation agreements 295 Effect of accommodation agreements Division 4—Charging of accommodation payments 296 Charging of accommodation payments 297 Accommodation payments must not be greater than agreed accommodation payment amounts Division 5—Charging of accommodation contributions 298 Charging accommodation contributions Division 6—Charging of daily payments 299 Payment in advance 300 When daily payments do not accrue 301 Charging interest 302 Rules about daily payments Division 7—Refundable deposits 303 When refundable deposits can be paid 304 Rules relating to payment of refundable deposits 305 Individual must be left with minimum assets 306 Registered provider may retain income derived 307 Amounts to be deducted from refundable deposit balances—general 308 Amounts that must be deducted from refundable deposit balances—retention amounts 309 Rules about deductions 310 Refundable deposits to be used only for permitted purposes 311 Refund of refundable deposit balances 312 Transfer of refundable deposit balance to another registered provider 313 Payment of interest—refund of refundable deposit balances Part 5—Means testing Division 1—Means testing in a home or community setting 314 Determination of individual contribution rate 314A Means not disclosed status 314B Electing to have means not disclosed status 315 Requirement to notify event or change in circumstances 316 Varying or revoking an individual contribution rate determination 317 Varying or revoking individual contribution rate determination following certain social security decisions 318 Varying or revoking individual contribution rate determination following event or change in circumstances Division 2—Means testing in approved residential care home Subdivision A—Daily means tested amounts 319 Working out the daily means tested amount 320 Means not disclosed status 321 Electing to have means not disclosed status Subdivision B—An individual's total assessable income 322 Determination of individual's total assessable income 323 Working out an individual's total assessable income 324 Varying or revoking an income determination 325 Varying or revoking income determination on notification of event or change in circumstances 326 Varying or revoking income determination on application 327 Varying or revoking income determination on System Governor's initiative 328 Notice of decision Subdivision C—The value of an individual's assets 329 Determination of value of individual's assets 330 Working out the value of an individual's assets 331 Varying or revoking an asset determination 332 Varying or revoking asset determination on notification of event or change in circumstances 333 Varying or revoking asset determination on application 334 Varying or revoking asset determination on System Governor's initiative 335 Notice of decision Subdivision D—Notifying of event or change in circumstances 336 Requirement to notify event or change in circumstances 337 Notification by the registered provider Part 6—Miscellaneous 337A Compensation for acquisition of property Chapter 5—Governance of the aged care system Part 1—Introduction 338 Simplified outline of this Chapter Part 2—System Governor 339 Functions of the System Governor 340 Executive power of the Commonwealth 341 Register of coroner's reports 342 Reporting relating to recommendations in coroner's reports 342A Quarterly reporting on waiting periods for certain funded aged care services 343 System Governor may request information or documents from persons or bodies Part 3—Aged Care Quality and Safety Commission Division 1—Establishment and functions of the Aged Care Quality and Safety Commission 344 Aged Care Quality and Safety Commission 345 Constitution of the Commission 346 Functions of the Commission Division 2—Establishment and functions of the Commissioner 347 Commissioner 348 Functions of the Commissioner 349 Safeguarding functions 350 Engagement and education functions 351 Registration of providers functions 352 Commissioner may request information or documents from persons 353 Deputy Commissioners 354 Appointment of Chief Clinical Advisor 355 Minister may give directions Division 3—Establishment and functions of the Complaints Commissioner 356 Complaints Commissioner 357 Functions of the Complaints Commissioner 358 Complaints functions 359 Complaints Commissioner may request information or documents from persons 360 Minister may give directions 361 Dealing with complaints Division 4—Administration 362 Acting appointments 363 Remuneration and allowances 364 Leave of absence 365 Other paid work 366 Other terms and conditions 367 Resignation 368 Termination of appointment Division 5—Staff of the Commission 369 Staff 370 Persons assisting the Commission 371 Consultants Division 6—Reporting and planning 372 Annual report 373 Minister may request report on matters relating to Commissioner's functions 374 Minister may request report on matters relating to Complaints Commissioner's functions 375 Consulting on corporate plans Division 7—Financial and Prudential Standards 376 Commissioner may make Financial and Prudential Standards 377 Having regard to principles, and consultation, in making standards 378 Effect of Financial and Prudential Standards Division 8—Worker screening Subdivision A—Aged care worker screening database 379 Aged care worker screening database Subdivision B—NDIS screening decisions 380 NDIS clearance decision taken to be aged care clearance decision 381 NDIS exclusion decision taken to be aged care exclusion decision Part 4—Aged Care Quality and Safety Advisory Council Division 1—Establishment and functions of the Advisory Council 382 Establishment of the Aged Care Quality and Safety Advisory Council 383 Functions of the Advisory Council 384 Minister may give directions about the Advisory Council's functions Division 2—Membership of Advisory Council 385 Membership of the Advisory Council 386 Appointment of Advisory Council members 387 Acting appointments 388 Remuneration and allowances 389 Leave of absence 390 Disclosure of interests to the Minister 391 Disclosure of interests to the Advisory Council 392 Resignation 393 Termination of appointment 394 Other terms and conditions Division 3—Procedures of the Advisory Council 395 Procedures of the Advisory Council Chapter 6—Regulatory mechanisms Part 1—Introduction 396 Simplified outline of this Chapter Part 2—Monitoring under Part 2 of the Regulatory Powers Act Division 1—Triggering Part 2 of the Regulatory Powers Act 397 Provisions, information subject to monitoring 398 Related provisions, issuing officer and relevant court 399 Authorised applicant, authorised person and relevant chief executive—Commissioner or Complaints Commissioner functions 400 Authorised applicant, authorised person and relevant chief executive—System Governor functions 401 Persons assisting authorised persons Division 2—Modifications of Part 2 of the Regulatory Powers Act 402 Application of this Division 403 Use of force in executing monitoring warrants 404 Extension of Part 2 of the Regulatory Powers Act to external Territories 406 Entry with consent—action before obtaining consent 407 Times for securing electronic equipment etc. 408 Entry with consent—asking for answers to questions or production of documents 409 Exception to requirement to return identity card if authorised person continues to exercise other powers Division 3—Delegations by relevant chief executives 410 Delegation by relevant chief executive—Commission or Complaints Commissioner functions 411 Delegation by relevant chief executive—System Governor functions Part 3—Investigating under Part 3 of the Regulatory Powers Act Division 1—Triggering Part 3 of the Regulatory Powers Act 412 Provisions subject to investigation 413 Related provisions, issuing officer and relevant court 414 Authorised applicant, authorised person and relevant chief executive—Commissioner or Complaints Commissioner functions 415 Authorised applicant, authorised person and relevant chief executive—System Governor functions 416 Persons assisting authorised persons Division 2—Modifications of Part 3 of the Regulatory Powers Act 417 Application of this Division 418 Use of force in executing investigation warrants 419 Extension of Part 3 of the Regulatory Powers Act to external Territories 420 Additional investigation powers 421 Entry with consent—action before obtaining consent 422 Times for securing electronic equipment etc. 423 Entry with consent—asking for answers to questions or production of documents 424 Exception to requirement to return identity card if authorised person continues to exercise other powers Division 3—Delegations by relevant chief executives 425 Delegation by relevant chief executive—Commissioner or Complaints Commissioner functions 426 Delegation by relevant chief executive—System Governor functions Part 4—Access to premises where risk to safety etc. of individual Division 1—Entry without warrant or consent 427 Entry without warrant or consent 428 Use of force in entering premises 429 Persons assisting 430 Responsibility to provide facilities and assistance etc. Division 2—Post‑entry warrants 431 Post‑entry warrants 432 Assessment officers 433 Consent of Judges 434 Nominated ART members Part 5—Additional investigation powers and compensation 435 Purpose of this Part 436 Use of equipment to examine or process things 437 Use of electronic equipment at other place 438 Person with knowledge of a computer or a computer system to assist access etc. 439 Compensation for damage to electronic equipment Part 6—Civil penalties under Part 4 of the Regulatory Powers Act Division 1—Triggering Part 4 of the Regulatory Powers Act 440 Enforceable civil penalty provisions 441 Authorised applicant—Commissioner and Complaints Commissioner functions 442 Authorised applicant—System Governor functions 443 Relevant court Division 2—Modifications of Part 4 of the Regulatory Powers Act 444 Crown not liable to pecuniary penalty 445 Extension of Part 4 of the Regulatory Powers Act to external Territories 445A Amount of penalty for serious failures to comply with registered provider duty Division 3—Delegations by authorised applicants 446 Delegation by authorised applicant—Commissioner functions 447 Delegation by authorised applicant—System Governor functions Part 7—Infringement notices under Part 5 of the Regulatory Powers Act Division 1—Triggering Part 5 of the Regulatory Powers Act 448 Provisions subject to an infringement notice 449 Infringement officer and relevant chief executive—Commissioner functions 450 Infringement officer and relevant chief executive—System Governor functions Division 2—Modifications of Part 5 of the Regulatory Powers Act 451 Crown not liable to be given infringement notice 452 Extension to external Territories 453 Single infringement notice may deal with more than one contravention Division 3—Delegations by infringement officers and relevant chief executives 454 Delegation by infringement officer—Commissioner functions 455 Delegation by relevant chief executive—Commissioner functions 456 Delegation by infringement officer—System Governor functions 457 Delegation by relevant chief executive—System Governor functions Part 8—Enforceable undertakings under Part 6 of the Regulatory Powers Act Division 1—Triggering Part 6 of the Regulatory Powers Act 458 Enforceable provisions 459 Authorised person—Commissioner functions 460 Authorised person—System Governor functions 461 Relevant court Division 2—Modifications of Part 6 of the Regulatory Powers Act 462 Extension to external Territories 463 Other undertakings Division 3—Delegations by authorised persons 464 Delegation by authorised person—Commissioner functions 465 Delegation by authorised person—System Governor functions Part 9—Injunctions under Part 7 of the Regulatory Powers Act Division 1—Triggering Part 7 of the Regulatory Powers Act 466 Enforceable provisions 467 Authorised person—Commissioner functions 468 Authorised person—System Governor functions 469 Relevant court Division 2—Modifications of Part 7 of the Regulatory Powers Act 470 Consent injunctions 471 Extension to external Territories Division 3—Delegations by authorised persons 472 Delegation by authorised person—Commissioner functions 473 Delegation by authorised person—System Governor functions Part 10—Notices requiring action Division 1—Required action notices Subdivision A—Giving required action notices 474 Commissioner or Complaints Commissioner may give required action notices relating to certain matters 475 System Governor may give required action notices relating to System Governor's functions 476 Contents of required action notices Subdivision B—Varying or revoking required action notices 477 Commissioner may vary or revoke required action notices 478 Complaints Commissioner may vary or revoke required action notices 479 System Governor may vary or revoke required action notices Subdivision C—Penalty for contravening required action notices 480 Penalty for contravening required action notices Division 2—Compliance notices Subdivision A—Giving compliance notices 481 Commissioner may give compliance notices relating to Commissioner's functions 482 System Governor may give compliance notices relating to System Governor's functions 483 Contents of compliance notices—general 484 Contents of compliance notices—additional content for notices given by Commissioner in relation to significant failures or systematic patterns of conduct Subdivision B—Varying or revoking compliance notices 485 Commissioner may vary or revoke compliance notices 486 System Governor may vary or revoke compliance notices Subdivision C—Penalty for contravening compliance notices 487 Penalty for contravening compliance notices Division 3—Notices to attend to answer questions or give information or documents Subdivision A—Notices to attend 488 Notice to attend to answer questions etc. relevant to Commissioner's or Complaints Commissioner's functions 489 Notice to attend to answer questions etc. relevant to System Governor's functions 490 Failing to comply with notice 491 Attending before authorised officer to answer questions—making oath or affirmation Subdivision B—Notices to give information or produce documents 492 Notices to give information or produce documents required for Commissioner's functions 493 Notices to give information or produce documents required for Complaints Commissioner's functions 494 Notices to give information or produce documents required for System Governor's functions 495 Failing to comply with notice Subdivision C—Privilege against self‑incrimination 496 Privilege against self‑incrimination not abrogated Part 11—Banning orders Division 1—Making banning orders 497 Banning orders on current and former registered providers 498 Banning orders on individuals as aged care workers and responsible persons 499 Notice of intention to make a banning order 500 Penalty for contravening banning orders 501 Scope of banning orders 502 Notice of decision about banning order 503 Banning orders are not legislative instruments Division 2—Varying or revoking banning orders 504 Varying or revoking banning order on Commissioner's own initiative 505 Varying or revoking banning order on application 506 Variations and revocations of banning orders are not legislative instruments Division 3—Register of banning orders 507 Register of banning orders Part 12—System Governor functions assurance activities 508 System Governor may conduct assurance activities 509 Terms of reference for assurance activities 510 Reports by System Governor on assurance activities 511 Assistance to System Governor in conducting and reporting on assurance activities 512 Registered providers must provide facilities and assistance for assurance activities 513 Requesting information and production of documents Part 13—Recoverable amounts Division 1—Recoverable amounts 514 Recoverable amounts and debtors 515 Recoverable amounts are debts due to the Commonwealth Division 2—Recovery of recoverable amounts 516 Legal proceedings 517 Arrangements between System Governor and debtors 518 Recovery of amounts from financial institutions 519 Recovery by deductions from amounts payable to debtor Division 3—Non‑recovery of recoverable amounts 520 Write‑off of recoverable amounts 521 Waiver of right to recover recoverable amount 522 Circumstances for waiver—small amounts 523 Circumstances for waiver—settlements between Commonwealth and debtors 524 Circumstances for waiver—special circumstances Part 14—Authorised Commission officers and authorised System Governor officers Division 1—Appointment 525 Appointment of authorised Commission officers 526 Appointment of authorised System Governor officers Division 2—Functions and powers 527 Functions and powers of authorised Commission officers 528 Functions and powers of authorised System Governor officers Part 15—Miscellaneous Division 1—Civil penalty provisions for false or misleading information or documents 529 Civil penalty provision for false or misleading information 530 Civil penalty provision for false or misleading documents Division 2—General rules about offences and civil penalty provisions 531 Physical elements of offences 532 Contravening offence and civil penalty provisions Division 3—Immunity of officers and persons assisting 533 Protection from liability for authorised officers and persons assisting Chapter 7—Information management Part 1—Introduction 534 Simplified outline of this Chapter Part 2—Secrecy of information Division 1—Unauthorised use or disclosure of protected information 535 Unauthorised use or disclosure of protected information 536 Protection from liability etc. Division 2—Authorisation of use or disclosure of relevant information Subdivision A—Authorisation of entities generally 537 Authorisations to use or disclose information—general 538 Authorisations to use or disclose information—entrusted persons Subdivision B—Authorisation of System Governor and Appointed Commissioners 539 Authorisations of System Governor and Appointed Commissioners to use or disclose information 540 Authorisations of the System Governor and Appointed Commissioners to use or disclose information for certain inquiries, etc. Subdivision C—Authorisation of System Governor for grants and quality related purposes 541 Authorisations of System Governor to use or disclose information for grants, etc. Division 3—Limit on powers to require disclosure of protected information 542 Limit on requirements to produce documents or answer questions Part 3—Record‑keeping 543 Retention of records by former registered provider Part 4—Information sharing Division 1—Publication by System Governor 544 System Governor must publish information about funded aged care services generally 545 Information that System Governor may publish about particular funded aged care services Division 2—Publication by Commissioner 546 Information that Commissioner may publish Part 5—Whistleblower protections 547 Disclosures qualifying for protection 548 Protections 549 Recipient to take steps to preserve anonymity 550 Confidentiality of identity of disclosers 551 Victimisation prohibited 552 Court orders 553 Registered providers' obligations in relation to disclosers 554 Concurrent operation of State and Territory laws Chapter 8—Miscellaneous Part 1—Introduction 555 Simplified outline of this Chapter Part 2—Reconsideration and review of decisions Division 1—Reviewable decisions and affected entities 556 Decisions by the Commissioner or Complaints Commissioner 557 Decisions by the System Governor 558 Decisions by the Pricing Authority Division 2—Reconsideration of reviewable decisions 559 Affected entity may request reconsideration of reviewable decision 560 Reconsideration of reviewable decision on request 561 Initiation of reconsideration by decision‑maker 562 Reconsideration of reviewable decision on initiative of decision‑maker 563 Requests for further information or documents for reconsideration on initiative of decision‑maker 564 Reconsideration decision etc. 565 Deemed reconsideration decision Division 3—Review of reconsideration decisions 566 Review by the Administrative Review Tribunal Part 3—Delegation provisions Division 1—Delegation by System Governor 567 Delegation by System Governor—general 568 Delegation to Pricing Authority 569 Delegation to Chief Executive Centrelink 570 Delegation to Chief Executive Medicare 571 Delegation to Veterans' Affairs Secretary 572 Delegation to Repatriation Commission 573 Delegation to Social Services Secretary Division 2—Delegation by Commissioner 574 Delegation by Commissioner to staff or consultants 575 Delegation by Commissioner to Complaints Commissioner Division 3—Delegation by Complaints Commissioner 576 Delegation by Complaints Commissioner Division 4—General 577 Delegations in relation to specified kinds of matters 578 Subdelegation 579 Complying with directions Part 4—Application of this Act to certain entities 580 Partnerships 581 Unincorporated associations Part 5—Automation of administrative action 582 Automation of administrative action 583 Oversight and safeguards for automation of administrative action Part 6—Applications, requests and notifications etc. 584 Approved forms for documents—System Governor functions 585 Approved forms—Commissioner functions 586 Approved forms—Complaints Commissioner functions 587 When oral communications taken to be in the approved form 588 Requests for further information or documents by System Governor, Commissioner or Complaints Commissioner for decisions on applications, claims and requests 589 When System Governor, Commissioner or Complaints Commissioner not required to make a decision or do a thing 590 Withdrawal of applications, claims and requests 591 False or misleading information or documents in applications, claims and requests 592 Method of notification by System Governor, Commissioner or Complaints Commissioner Part 7—Application fees and fees for services provided by the System Governor, Commissioner and Complaints Commissioner 593 Fees for services provided by the System Governor 594 Fees for services provided by the Commissioner 595 Fees for services provided by the Complaints Commissioner 596 Fees must not amount to taxation 597 Fees—exemptions, waivers and refunds Part 8—Appropriation 598 Appropriation Part 9—Reports on and review of this Act 599 Annual report on the operation of the Act 600 Review of operation of refundable deposits under this Act 600A Review of accommodation pricing 601 Review of operation of this Act Part 10—Rules 602 Rules