an allocation of *places to a person is subject to conditions under subsection 14-5(1); and

immediately before the commencement of this section, the effect of such a condition is that *respite care must be provided in respect of those places for a minimum or maximum number of days in a particular period;

where the Secretary may or must make the assessment; and

the procedures that the Secretary must follow in making the assessment.

if made by the approved provider—be made in writing; and

if made by the care recipient—be made orally or in writing; and

be accompanied by the application fee (if any) specified in, or worked out in accordance with, the Classification Principles.

*capital repayment deductions (see section 43-6).

determined by the Minister by legislative instrument; or

worked out in accordance with a method determined by the Minister by legislative instrument.

the kind of residential care service through which residential care is provided to a care recipient;

whether a care recipient provided with residential care has been classified under Part 2.4A;

(a) the adjusted basic subsidy amount for the care recipient for the day (see subsection (6A));

any primary supplement amounts for the care recipient for the day.

(a) the adjusted basic subsidy amount for the care recipient for the day (see subsection (6A));

any primary supplement amounts for the care recipient for the day.

the adjusted basic subsidy amount for the care recipient for the day (see subsection (6A));

any primary supplement amounts for the care recipient for the day.

determined by the Minister by legislative instrument; or

worked out in accordance with a method determined by the Minister by legislative instrument.

on that day the residential care provided to the care recipient is not provided on an extra service basis; and

determined by the Minister by legislative instrument; or

worked out in accordance with a method determined by the Minister by legislative instrument.

in the form approved by the Secretary; and

within the period specified in the Accountability Principles.

the level of care needed by the relevant care recipient, relative to the needs of other care recipients, must be assessed under section 29C-3; and

the Secretary must take that assessment into account before making a decision under subsection (4) of this section.

the level of care needed by the relevant care recipient, relative to the needs of other care recipients, must be assessed under section 29C-3; and

the Secretary must take that assessment into account before making a decision under subsection (5) of this section.

the request is taken to be withdrawn; and

the Secretary must not make a decision under subsection (5).

*capital repayment deductions (see section 43-6).

determined by the Minister by legislative instrument; or

worked out in accordance with a method determined by the Minister by legislative instrument.

the kind of residential care service through which residential care is provided to a care recipient;

(aa) whether a care recipient being provided with residential care has been classified under Aged Care Act 1997;Part 2.4A of the

the *classification levels for care recipients who have been classified under that Part;

a charge exempt resident supplement under repealed section 44-8A;

a transitional supplement under repealed section 33 of the Aged Care (Transitional Provisions) Principles.

(c) the subsidy related amount for a care recipient for a day (see subsection (4)).

the adjusted basic subsidy amount for the care recipient for the day (see subsection (5));

the amounts of any primary supplements worked out using Subdivision 44-C for the care recipient for the day;

determined by the Minister by legislative instrument; or

worked out in accordance with a method determined by the Minister by legislative instrument.

the subsidy related amount worked out under subsection 44-21(4) for the care recipient for that day.

subject to this subsection, an accommodation bond must be charged for the entry if:

(i) the care recipient enters the service within 28 days after the day on which the care recipient ceased (other than because the care recipient is on *leave) being provided with care through another such service (the prior service); and

an accommodation bond was paid by the care recipient for entry to the prior service;

the care recipient is not a care recipient eligible for a concessional resident supplement under paragraph 44-6(3)(a);

subject to this subsection, an accommodation charge must be charged for the entry if:

(i) the care recipient enters the service within 28 days after the day on which the care recipient ceased (other than because the care recipient is on *leave) being provided with care through another such service (the prior service); and

an accommodation charge was payable by the care recipient for entry to the prior service;

the care recipient is not a care recipient eligible for a concessional resident supplement under paragraph 44-6(3)(a);

determined by the Minister by legislative instrument; or

worked out in accordance with a method determined by the Minister by legislative instrument.

(a) the definition of adjusted subsidy place;

(b) the definition of charge exempt resident;

(c) the definition of high level of residential care;

(d) the definition of lowest applicable classification level;

(e) the definition of low level of residential care.

when used in relation to a provision of the Aged Care Act—section 43-2 of that Act; or

when used in relation to a provision of the Transitional Act—section 43-2 of that Act.

subsection 43-1(3);

subsection 44-5(1);

section 44-17;

section 44-21;

subsection 44-28(2).

subsection 43-1(3);

section 44-5;

subsection 44-5A(2);

section 44-6;

section 44-17;

section 44-21;

paragraph 44-23(4)(b);

subsection 44-27(1).

(a) the definition of high level of residential care;

(b) the definition of low level of residential care;

the amendment of subsection 43-1(3) of the Aged Care Act, and subsection 43-1(3) of the Transitional Act, made by the amending Part; and

the repeal of section 43-8 of each of those Acts by that Part;

Subsidy Principles were made for the purposes of section 43-8 of the Aged Care Act before the transition day; and

those Principles are in force immediately before that day;

Aged Care (Transitional Provisions) Principles were made for the purposes of section 43-8 of the Transitional Act before the transition day; and

those Principles are in force immediately before that day;

section 44-3 of the Aged Care Act;

section 44-3 of the Transitional Act;

a determination was made under subsection 44-3(2) of the Aged Care Act, or subsection 44-3(2) of the Transitional Act, before the transition day; and

the determination is in force immediately before that day;

the amendments of section 44-5 and subsections 44-21(3) and 44-27(1) of the Transitional Act made by the amending Part; and

the repeal of sections 44-8A, 44-8B and 44-29 of that Act by that Part;

Aged Care (Transitional Provisions) Principles were made for the purposes of section 44-8A or 44-29 of the Transitional Act before the transition day; and

those Principles are in force immediately before that day;

a determination was made under subsection 44-8A(3), 44-29(2) or 44-29(8) of the Transitional Act before the transition day; and

the determination is in force immediately before that day;

paragraph 44-17(a) and section 44-19 of the Aged Care Act;

paragraph 44-17(b) and section 44-19 of the Transitional Act;

a determination was made before the transition day under:

paragraph 44-19(1)(b) or subsection 44-19(2) of the Aged Care Act; or

paragraph 44-19(1)(b) or subsection 44-19(2) of the Transitional Act; and

the determination is in force immediately before that day;

section 85-4 of that Act continues to apply, on and after the transition day, in relation to a viability supplement decision made before that day, as if the repeal had not happened; and

section 85-8 of that Act continues to apply, on and after that day, in relation to any decision to confirm, vary or set aside the viability supplement decision under section 85-4 of that Act, as if the repeal had not happened.

the decision was made before the transition day; and

immediately before that day, the period referred to in paragraph 85-5(3)(a) of the Transitional Act has not ended.

section 85-5 of that Act continues to apply, on and after the transition day, in relation to the decision, as if the repeal had not happened; and

section 85-8 of that Act continues to apply, on and after that day, in relation to any decision to confirm, vary or set aside the viability supplement decision under section 85-5 of that Act, as if the repeal had not happened.

the request was made before the transition day; and

immediately before that day, the Secretary has not made a decision in relation to the request.

section 85-5 of that Act continues to apply, on and after the transition day, in relation to the request, as if the repeal had not happened; and

section 85-8 of that Act continues to apply, on and after that day, in relation to a decision to confirm, vary or set aside the viability supplement decision under section 85-5 of that Act, as if the repeal had not happened.

the reconsideration decision was made before the transition day; and

immediately before that day:

an application for review of the reconsideration decision by the Administrative Appeals Tribunal has not been made; and

(ii) the time for a person to make such an application has not ended (including any extensions of that time under Administrative Appeals Tribunal Act 1975).section 29 of the

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Schedule.

the quality of residential care provided through residential care services; and

the performance of approved providers of such services in relation to responsibilities and standards under this Act.

creating information for publication under subsection (1); or

calculating a star rating for a residential care service.

to comply with the provisions of the *Code of Conduct that apply to the approved provider;

to take reasonable steps to ensure that the *aged care workers, and the *governing persons, of the approved provider comply with the provisions of the Code of Conduct that apply to them;

the code functions; and

an individual employed or otherwise engaged (including on a voluntary basis) by the provider; or

an individual:

who is employed or otherwise engaged (including on a voluntary basis) by a contractor or subcontractor of the provider; and

who provides care or other services to the care recipients provided with aged care through an aged care service of the provider.

whether a banning order against the individual is, or has at any time been, in force;

the code functions; and

the code functions;

to, in accordance with the rules, take action in relation to compliance by any of the following with the provisions of the Code of Conduct that apply or applied to them:

an approved provider;

an individual who is or was an aged care worker of an approved provider;

an individual who is or was a governing person of an approved provider; and

to do anything else relating to that matter that is specified in the rules.

an approved provider;

an individual who is or was an aged care worker of an approved provider;

an individual who is or was a governing person of an approved provider.

how information about compliance with the Code of Conduct may be given to the Commissioner;

the actions that may be taken by the Commissioner in relation to compliance with the Code of Conduct, which may include requiring an approved provider or other relevant person to do something;

the roles, rights and responsibilities of:

persons who give such information to the Commissioner; or

approved providers; or

individuals who are or were aged care workers, or governing persons, of approved providers; or

any other relevant persons;

the review or reconsideration of decisions made in relation to compliance with the Code of Conduct.

the provider is a corporation; and

the provider fails to comply with the provisions of the Code of Conduct that apply to the provider.

the provider is a corporation; and

the worker fails to comply with the provisions of the Code of Conduct that apply to the worker.

the provider is a corporation; and

the person fails to comply with the provisions of the Code of Conduct that apply to the person.

approved providers;

aged care workers of approved providers;

governing persons of approved providers.

that a provision of the code of conduct applies to any or all of the following:

approved providers;

aged care workers of approved providers;

governing persons of approved providers;

that a provision of the code of conduct applies to the following:

specified kinds of aged care workers of approved providers;

aged care workers of specified kinds of approved providers;

specified kinds of governing persons of approved providers;

governing persons of specified kinds of approved providers.

whether a provision of Chapter 4 of the Aged Care Act has been, or is being, complied with;

whether an aged care worker, or a governing person, of an approved provider has complied, or is complying, with the provisions of the Code of Conduct that apply to them;

compliance with the provisions of the Code of Conduct that apply to an aged care worker, or a governing person, of an approved provider;

an approved provider’s responsibilities under Chapter 4 of the Aged Care Act.

subsections 74AC(1) and 74AD(1) of this Act;

a provision of Chapter 4 of the Aged Care Act.

subsections 74AC(1) and 74AD(1) of this Act;

a provision of Chapter 4 of the Aged Care Act.

subsections 74AC(1) and 74AD(1) of this Act;

a provision of Chapter 4 of the Aged Care Act.

is satisfied that the approved provider is not complying with the provider’s responsibility under paragraph 54-1(1)(g) or (ga) of the Aged Care Act; or

is aware of information that suggests that the approved provider may not be complying with that responsibility.

whether an individual who is or was an aged care worker of an approved provider that is a corporation is complying, or has complied, with a provision of the Code of Conduct that applies or applied to the individual;

whether an individual who is or was a governing person of an approved provider that is a corporation is complying, or has complied, with a provision of the Code of Conduct that applies or applied to the individual.

to answer questions relating to the matter;

to give such information or documents (or copies of documents) as are specified in the notice.

specify the authorised officer before whom the person is required to attend; and

specify the day on which, and the time and place at which, the person is required to attend.

the person is given a notice under subsection (2); and

the person fails to comply with a requirement of the notice.

from being involved in the provision of any type of aged care or specified types of aged care; or

from engaging in specified activities as an aged care worker, or as a governing person, of the provider.

the Commissioner reasonably believes that the individual did not comply, is not complying or is not likely to comply with a provision of the Code of Conduct that applies or applied to the individual; or

the Commissioner reasonably believes that the individual is not suitable:

to be involved, or to continue to be involved, in the provision of any type of aged care or the specified types of aged care; or

to engage, or to continue to engage, in the specified activities as an aged care worker, or as a governing person, of the approved provider; or

the Commissioner reasonably believes there is an immediate or severe risk to the safety, health or well-being of one or more care recipients if the individual:

is involved, or continues to be involved, in the provision of any type of aged care or the specified types of aged care; or

engages, or continues to engage, in the specified activities as an aged care worker, or as a governing person, of the approved provider; or

the individual has at any time been convicted of an indictable offence involving fraud or dishonesty; or

the individual is an insolvent under administration.

from being involved in the provision of any type of aged care or specified types of aged care; or

from engaging in specified activities as an aged care worker, or as a governing person, of the provider.

to be involved in the provision of any type of aged care or the specified types of aged care; or

to engage in the specified activities as an aged care worker, or as a governing person, of the approved provider.

an aged care worker of an approved provider; or

a governing person of an approved provider.

apply generally or be of limited application; and

be permanent or for a specified period; and

be made subject to specified conditions.

sets out the decision; and

sets out the reasons for the decision; and

specifies whether the order applies generally or the order is of limited application; and

if the order is of limited application—specifies that limited application; and

specifies the day on which the order takes effect; and

if the order is to cease to have effect on a particular day—specifies that day; and

specifies any conditions to which the order is subject; and

sets out the effect of subsection (3); and

states how the individual may apply for reconsideration of the decision.

a banning order against the individual is in force; and

the individual engages in conduct; and

the conduct breaches the banning order or a condition to which the order is subject.

the corporation is an approved provider; and

an individual is an aged care worker, or a governing person, of the approved provider; and

a banning order against the individual is in force; and

the corporation fails to take reasonable steps to ensure that the individual does not engage in conduct that breaches the banning order or a condition to which the order is subject.

set out the reasons why the Commissioner is considering making the banning order against the individual; and

invite the individual to make submissions, in writing, to the Commissioner in relation to the matter within 14 days after receiving the notice; and

inform the individual that the Commissioner may, after considering any submissions made by the individual, make the banning order against the individual.

vary, or revoke, a condition to which the order is subject;

specify one or more new conditions to which the order is to be subject.

sets out the decision; and

sets out the reasons for the decision; and

specifies the day on which the variation or revocation takes effect; and

if a condition to which the order is subject is varied—sets out the condition as varied; and

specifies any conditions to which the order is subject that have been revoked; and

specifies any new conditions to which the order is to be subject; and

states how the individual may apply for reconsideration of the decision.

be made in writing; and

be in a form approved by the Commissioner; and

be accompanied by any documents or information specified by the Commissioner.

sets out the reasons why the Commissioner is proposing not to vary or revoke the order; and

invites the individual to make submissions, in writing, to the Commissioner in relation to the matter within:

14 days after receiving the notice; or

if a shorter period is specified in the notice—that shorter period; and

informs the individual that the Commissioner may, after considering any submissions made by the individual, decide not to vary or revoke the order.

sets out the decision; and

sets out the reasons for the decision; and

specifies the day on which the variation or revocation takes effect; and

states how the individual may apply for reconsideration of the decision.

sets out the decision; and

sets out the reasons for the decision; and

states how the individual may apply for reconsideration of the decision.

be made in writing; and

be in a form approved by the Commissioner; and

be accompanied by any documents or information specified by the Commissioner.

vary or revoke the condition;

specify one or more new conditions to which the order is to be subject.

sets out the reasons why the Commissioner is proposing not to vary or revoke the condition or is proposing to specify those new conditions; and

invites the individual to make submissions, in writing, to the Commissioner in relation to the matter within:

14 days after receiving the notice; or

if a shorter period is specified in the notice—that shorter period; and

informs the individual that the Commissioner may, after considering any submissions made by the individual, decide not to vary or revoke the condition or to specify those new conditions.

sets out the decision; and

sets out the reasons for the decision; and

if a condition to which the order is subject is varied—sets out the condition as varied and specifies the day on which the variation takes effect; and

if a condition to which the order is subject is revoked—specifies the day on which the revocation takes effect; and

specifies any new conditions to which the order is to be subject and when they take effect; and

states how the individual may apply for reconsideration of the decision.

sets out the decision; and

sets out the reasons for the decision; and

states how the individual may apply for reconsideration of the decision.

the name of the individual;

the individual’s ABN (if any);

the details of the banning order made against the individual (including any conditions to which the order is subject);

if an application has been made under subsection 74GG(1) for the revocation of the banning order, and the application has not been finally determined—a statement to that effect;

if a request has been made under subsection 74K(1) for the reconsideration of a decision to make the banning order or not to revoke the banning order, and a reconsideration decision has not yet been made—a statement to that effect;

if a decision has been made under subsection 74M(1) to reconsider a decision to make the banning order or not to revoke the banning order, and a reconsideration decision has not yet been made—a statement to that effect;

if an application has been made to the Administrative Appeals Tribunal for review of a reconsideration decision that relates to a decision to make the banning order or not to revoke the banning order, and the application has not been finally determined—a statement to that effect;

any other information specified in the rules.

the banning order has been revoked under section 74GG; or

the decision to make the banning order has been set aside on reconsideration under Part 8B or on review.

making the register, in whole or in part, publicly available;

making specified information that is included in the register publicly available;

any other matter relating to the administration or operation of the register.

for an approved provider—a reportable incident within the meaning of the Aged Care Act; or

for a service provider of a Commonwealth-funded aged care service—an incident that is a reportable incident under the funding agreement that relates to the service.

action that may be taken by the Commissioner in dealing with such a reportable incident, which may include requiring the service provider to do something;

the circumstances in which the Commissioner may authorise or carry out an inquiry in relation to such a reportable incident on the Commissioner’s own initiative;

how information given to the Commissioner about such a reportable incident may be dealt with.

the information is collected by a service provider of a Commonwealth-funded aged care service; and

the service provider has a responsibility under the funding agreement that relates to that service to manage and report incidents, and to take reasonable steps to prevent incidents, in accordance with that agreement; and

the information is collected for the purposes of complying with that responsibility.

the use or disclosure is by a service provider of a Commonwealth-funded aged care service; and

the service provider has a responsibility under the funding agreement that relates to that service to manage and report incidents, and to take reasonable steps to prevent incidents, in accordance with that agreement; and

the use or disclosure is for the purposes of complying with that responsibility.

an individual becomes one of the *key personnel of the provider;

an individual ceases to be one of the key personnel of the provider;

the provider becomes aware of a change of circumstances that relates to a *suitability matter in relation to an individual who is one of the key personnel of the provider.

be given within 14 days after the event occurs; and

be in the form approved by the *Quality and Safety Commissioner; and

if the notification relates to an event of a kind referred to in paragraph (1)(a)—state:

whether the approved provider has considered the *suitability matters in relation to the individual; and

whether, after considering those matters, the provider is reasonably satisfied that the individual is suitable to be involved in the provision of *aged care; and

if the notification relates to an event of a kind referred to in paragraph (1)(b)—set out the reasons the individual ceased to be one of the *key personnel of the approved provider; and

if the notification relates to an event of a kind referred to in paragraph (1)(c)—set out:

details of the change of circumstances that relates to a suitability matter in relation to the individual; and

whether the approved provider has considered the suitability matters in relation to the individual; and

whether, after considering those matters, the approved provider is reasonably satisfied that the individual continues to be suitable to be involved in the provision of aged care; and

what, if any, action the provider has taken, or proposes to take, in relation to the individual.

the corporation is an approved provider; and

the corporation fails to comply with subsection (1).

an individual is one of the *key personnel of an approved provider; and

the provider is a *corporation; and

the individual becomes aware of a change of circumstances that relates to a *suitability matter in relation to the individual;

be given in writing; and

be given within 14 days after the individual becomes aware of the change of circumstances; and

set out the details of the change of circumstances that relates to a *suitability matter in relation to the individual.

the individual is one of the *key personnel of an approved provider; and

the provider is a *corporation; and

the individual fails to comply with subsection (1).

set out the reasons why the *Quality and Safety Commissioner is considering making the determination in relation to an individual who is one of the *key personnel of the approved provider; and

invite the individual and the provider to make submissions, in writing, to the Commissioner in relation to the matter within:

14 days after receiving the notice; or

if a shorter period is specified in the notice—that shorter period; and

inform the individual and the provider that the Commissioner may, after considering any submissions made by them, decide to make the determination.

sets out the decision; and

sets out the reasons for the decision; and

states that the provider must, within a specified period, take specified action to ensure that the individual ceases to be one of the key personnel of the provider; and

sets out the effect of sections 10A-2A and 10A-3.

the corporation is an approved provider; and

the *Quality and Safety Commissioner makes a determination under subsection 10A-2(1) in relation to an individual who is one of the *key personnel of the corporation; and

the corporation fails to take the action specified in the notice of the determination within the period specified in that notice.

the corporation is an approved provider; and

the corporation fails to comply with the responsibility under subparagraph 63-1A(a)(i).

the *Quality and Safety Commissioner makes a determination under subsection 10A-2(1) in relation to an individual who is one of the *key personnel of an approved provider; and

the provider fails to take the action specified in the notice of the determination within the period specified in that notice.

at least once every 12 months, the provider must:

consider the *suitability matters in relation to the individual in accordance with any requirements specified in the Accountability Principles; and

be reasonably satisfied that the individual is suitable to be involved in the provision of *aged care;

the provider must keep a record of those matters that complies with any requirements specified in the Accountability Principles;

such other responsibilities as are specified in the Accountability Principles.

a State or Territory; and

a *State or Territory authority; and

a *local government authority.

a majority of the members of the *governing body of the provider are independent non-executive members; and

at least one member of the governing body of the provider has experience in the provision of clinical care.

the *governing body of the provider has fewer than 5 members;

the provider provides *aged care through one or more *aged care services to fewer than 40 care recipients.

(a) establish, and continue in existence, a body (the quality care advisory body) that:

complies with the requirements about membership specified in the Accountability Principles; and

is required, at least once every 6 months, to give the *governing body of the provider a written report about the quality of the *aged care that the provider provides through an *aged care service; and

is able, at any time, to give feedback to the governing body of the provider about the quality of the aged care that the provider provides through an aged care service; and

require the governing body of the provider:

to consider such a report, or any such feedback, when making decisions in relation to the quality of the aged care provided through the aged care service; and

to advise, in writing, the quality care advisory body how the governing body considered such a report or any such feedback.

(a) offer, at least once every 12 months, care recipients and their representatives the opportunity to establish one or more bodies (the consumer advisory bodies) to give the *governing body of the provider feedback about the quality of the *aged care that the provider provides to the care recipients through an *aged care service; and

if one or more consumer advisory bodies are established—require the governing body of the provider:

to consider any such feedback given by the body or bodies when making decisions in relation to the quality of the aged care provided through the aged care service; and

to advise, in writing, the body or bodies how the governing body considered any such feedback.

have appropriate qualifications, skills or experience to provide the care or other services that the provider provides to care recipients through an *aged care service; and

are given opportunities to develop their capability to provide that care or those other services.

the responsibility set out in paragraph 63-1D(2)(a);

the responsibility set out in paragraph 63-1D(2)(b).

be made in writing; and

be in a form approved by the *Quality and Safety Commissioner; and

be accompanied by any document or information specified by the Commissioner; and

be accompanied by any fee specified by the Commissioner.

the number of *aged care services through which the provider provides *aged care;

the number of care recipients who are provided with aged care through those services;

the location of those services;

the annual turnover in the provider’s *key personnel;

the membership of the *governing body of the provider;

any arrangements that the provider has made, or proposes to make, to assist:

the members of the governing body of the provider to act objectively and independently in the best interests of the provider; or

the governing body of the provider to seek, when it considers it necessary to do so, advice from a person with experience in the provision of clinical care;

any other matter specified in the Accountability Principles.

the making of the determination;

the governance responsibility to which the determination relates;

the period for which the determination is in force.

the decision;

the reasons for the decision;

how the provider may apply for reconsideration of the decision.

sets out the decision; and

sets out the reasons for the decision; and

specifies the day on which the variation or revocation takes effect; and

states how the person may apply for reconsideration of the decision.

the period of 12 months starting on 1 July of a year; or

another 12 month period that starts on the first day of a month of a year that is determined for the provider by the Secretary in accordance with the Accountability Principles.

(a) an approved provider is a body corporate incorporated, or taken to be incorporated, under the Corporations Act 2001; and

the provider has a constitution (within the meaning of that Act); and

(c) the provider is a wholly-owned subsidiary (within the meaning of that Act) of another body corporate (the holding company); and

the holding company is not an approved provider;

(a) an approved provider is an Aboriginal and Torres Strait Islander corporation (within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006); and

(b) the provider is a wholly-owned subsidiary (within the meaning of that Act) of another body corporate (the holding company); and

the holding company is not an approved provider;

(a) if the provider is a body corporate incorporated, or taken to be incorporated, under the Corporations Act 2001—the board of directors of the provider; or

otherwise—the group of persons responsible for the executive decisions of the provider.

the individual’s experience in providing, at any time, aged care or other relevant forms of care;

whether a NDIS banning order against the individual is, or has at any time been, in force;

whether the individual has at any time been convicted of an indictable offence;

whether a civil penalty order against the individual has been made at any time;

whether the individual is, or has at any time been, an insolvent under administration;

whether the individual is or has at any time been the subject of adverse findings or enforcement action by any of the following:

a Department of the Commonwealth or of a State or Territory;

the Australian Securities and Investments Commission;

the Australian Charities and Not-for-profits Commission;

the Australian Competition and Consumer Commission;

the Australian Prudential Regulation Authority;

the Australian Crime Commission;

AUSTRAC;

another body established for a public purpose by or under a law of the Commonwealth;

a State or Territory authority (including, but not limited to, a body that is equivalent to a body mentioned in subparagraphs (ii) to (vii));

a local government authority;

whether the individual:

is, or has at any time been, the subject of any findings or judgment in relation to fraud, misrepresentation or dishonesty in any administrative, civil or criminal proceedings; or

is currently party to any proceedings that may result in the individual being the subject of such findings or judgment;

(h) whether the individual is, or has at any time been, disqualified from managing corporations under Corporations Act 2001;Part 2D.6 of the

any other matter specified in the rules.

each individual who is one of the key personnel of the person is suitable to be involved in the provision of aged care.

whether the person has at any time been convicted of an indictable offence;

whether a civil penalty order against the person has been made at any time;

whether the entity has at any time been convicted of an indictable offence;

whether a civil penalty order against the entity has been made at any time;

is satisfied that the approved provider is not complying with the provider’s responsibility under section 63-1G of the Aged Care Act; or

is aware of information that suggests that the approved provider may not be complying with that responsibility.

if paragraph 63-1G(3)(a) applies in relation to the provider—the reporting period for the provider that starts on 1 July 2022 and each later reporting period for the provider; or

if paragraph 63-1G(3)(b) applies in relation to the provider—the reporting period that starts on the first day determined for the provider under that paragraph and each later reporting period for the provider.

the application was made before the commencement day; and

immediately before that day, the Commissioner has not made a decision on the application.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Schedule.

if the Secretary believes, on reasonable grounds, that the information will assist in the performance of the functions, or the exercise of the powers, of a receiving Commonwealth body—to that body for the purposes of performing those functions or exercising those powers; and

the Aged Care Quality and Safety Commission;

the Military Rehabilitation and Compensation Commission;

the National Disability Insurance Scheme Launch Transition Agency;

the NDIS Quality and Safeguards Commission;

the Repatriation Commission;

(f) the Department administered by the Minister administering the Disability Services Act 1986;

(g) the Department administered by the Minister administering the Veterans’ Entitlements Act 1986;

if:

another Department of State, or another authority, of the Commonwealth has regulatory, compliance or enforcement functions in relation to the provision of care, support, treatment or other related services or assistance (including care, support, treatment or other related services or assistance provided through an arrangement, including a contractual arrangement); and

the Department or authority is specified in the Information Principles;

the Commissioner, for the purpose of assisting in the performance of the functions, or the exercise of the powers, of the Commissioner;

the Secretary, for the purpose of assisting in the performance of the functions, or the exercise of the powers, of the Secretary under the Aged Care Act.

if the Commissioner believes, on reasonable grounds, that the information will assist in the performance of the functions, or the exercise of the powers, of a receiving Commonwealth body—to that body for the purposes of performing those functions or exercising those powers; or

if:

under a law of a State or Territory, a person or body has the function, or functions that include the function, of dealing with complaints or information about the provision of health or community services by a person or body; and

the Commissioner believes, on reasonable grounds, that the information will assist in the performance of that function;

if:

(i) a person or body performs functions or exercises powers under, or for the purposes of, an NDIS worker screening law (within the meaning of the National Disability Insurance Scheme Act 2013); and

the Commissioner believes, on reasonable grounds, that the information will assist in the performance of those functions or the exercise of those powers;

the Military Rehabilitation and Compensation Commission;

the National Disability Insurance Scheme Launch Transition Agency;

the NDIS Quality and Safeguards Commission;

the Repatriation Commission;

(e) the Department administered by the Minister administering the Disability Services Act 1986;

(f) the Department administered by the Minister administering the Veterans’ Entitlements Act 1986;

if:

another Department of State, or another authority, of the Commonwealth has regulatory, compliance or enforcement functions in relation to the provision of care, support, treatment or other related services or assistance (including care, support, treatment or other related services or assistance provided through an arrangement, including a contractual arrangement); and

the Department or authority is prescribed in the rules;

a person is entitled to treatment under Chapter 6 of this Act; and

the treatment is provided to the person through an arrangement, including a contractual arrangement, with a body that is not a corporate Commonwealth entity or a non-corporate Commonwealth entity;

to a receiving Commonwealth body; and

for a purpose relating to the performance of a function, or the exercise of a power, by that body.

the Aged Care Quality and Safety Commission;

the National Disability Insurance Scheme Launch Transition Agency;

the NDIS Quality and Safeguards Commission;

the Repatriation Commission;

(e) the Department administered by the Minister administering the Aged Care Act 1997;

(f) the Department administered by the Minister administering the Disability Services Act 1986;

(g) the Department administered by the Minister administering the Veterans’ Entitlements Act 1986;

if:

another Department of State, or another authority, of the Commonwealth has regulatory, compliance or enforcement functions in relation to the provision of care, support, treatment or other related services or assistance (including care, support, treatment or other related services or assistance provided through an arrangement, including a contractual arrangement); and

the Department or authority is prescribed in the regulations;

a person who is, or was, an employee is entitled to compensation for medical treatment under this Act; and

the treatment is provided to the person through an arrangement, including a contractual arrangement, with a body that is not a corporate Commonwealth entity or a non-corporate Commonwealth entity;

to a receiving Commonwealth body; and

for a purpose relating to the performance of a function, or the exercise of a power, by that body.

the Aged Care Quality and Safety Commission;

the National Disability Insurance Scheme Launch Transition Agency;

the NDIS Quality and Safeguards Commission;

the Repatriation Commission;

(e) the Department administered by the Minister administering the Aged Care Act 1997;

(f) the Department administered by the Minister administering the Disability Services Act 1986;

(g) the Department administered by the Minister administering the Veterans’ Entitlements Act 1986;

if:

another Department of State, or another authority, of the Commonwealth has regulatory, compliance or enforcement functions in relation to the provision of care, support, treatment or other related services or assistance (including care, support, treatment or other related services or assistance provided through an arrangement, including a contractual arrangement); and

the Department or authority is prescribed in the regulations;

an eligible person is entitled to treatment under Part V of this Act; and

the treatment is provided to the eligible person through an arrangement, including a contractual arrangement, with a body that is not a corporate Commonwealth entity or a non-corporate Commonwealth entity;

to a receiving Commonwealth body; and

for a purpose relating to the performance of a function, or the exercise of a power, by that body.

the Aged Care Quality and Safety Commission;

the Commission;

the Military Rehabilitation and Compensation Commission;

the National Disability Insurance Scheme Launch Transition Agency;

the NDIS Quality and Safeguards Commission;

(f) the Department administered by the Minister administering the Aged Care Act 1997;

(g) the Department administered by the Minister administering the Disability Services Act 1986;

if:

another Department of State, or another authority, of the Commonwealth has regulatory, compliance or enforcement functions in relation to the provision of care, support, treatment or other related services or assistance (including care, support, treatment or other related services or assistance provided through an arrangement, including a contractual arrangement); and

the Department or authority is prescribed in the regulations;

the use of a refundable deposit or accommodation bond by the approved provider to make a loan;

a copy of the agreement relating to the loan that has been executed, or entered into, by the parties to the agreement;

the amount of the loan;

details of any security in respect of the loan;

details of the term or life of the loan;

details of the rate of interest payable on the loan;

evidence that the rate of interest payable on the loan has been set on a commercial basis;

details of the loan repayments (including the amounts and frequency of those repayments);

details of any review of the loan that must or may be conducted;

details of any other conditions or terms of the loan;

details of the commercial basis of the loan;

evidence of the use of the money loaned;

a copy of the financial statements (however described) of the borrower (including any such statements that have been audited);

any other information or documents relating to the loan.

(a) an approved provider has used a *refundable deposit or *accommodation bond to make a loan to a person (the borrower); and

the Secretary or *Quality and Safety Commissioner believes on reasonable grounds that the borrower has information or documents relating to that use;

a copy of the agreement relating to the loan that has been executed, or entered into, by the parties to the agreement;

the amount of the loan;

details of any security in respect of the loan;

details of the term or life of the loan;

details of the rate of interest payable on the loan;

evidence that the rate of interest payable on the loan has been set on a commercial basis;

details of the loan repayments (including the amounts and frequency of those repayments);

details of any review of the loan that must or may be conducted;

details of any other conditions or terms of the loan;

details of the commercial basis of the loan;

evidence of the use of the money loaned;

a copy of the financial statements (however described) of the borrower (including such statements that have been audited);

any other information or documents relating to the loan.

be made in writing; and

set out the effect of subsections (5) and (6).

within 28 days after the request is made or within such shorter period as is specified in the request; or

if the information or documents are to be given on a periodic basis—before the time or times worked out in accordance with the request.

an approved provider that is a *corporation has used a *refundable deposit or *accommodation bond to make a loan to the person; and

the Secretary or *Quality and Safety Commissioner requests the person to give information or documents under subsection (1) relating to that use; and

the person fails to comply with the request within the period, or before the time, required under subsection (5).

to publish this, and other information, for the purpose of informing decision makers in relation to the funding of public hospitals.

to publish this, and other information, for the purpose of informing decision makers in relation to the funding of public hospitals;

if requested by the Minister or the Secretary, to advise the Commonwealth in relation to certain health care pricing and costing matters.

to provide advice about certain aged care pricing and costing matters to each relevant Commonwealth Minister;

to perform such functions as are conferred on the Independent Health and Aged Care Pricing Authority by the Aged Care Act.

the performance of the following functions, or the exercising of powers for or in connection with the performance of the following functions:

a function of the Pricing Authority mentioned in subsection 131A(1) (other than an Aged Care Act function);

a function of the Aged Care Advisory Committee (other than a function that relates to an Aged Care Act function of the Pricing Authority);

a function of a subcommittee established under section 204V to advise or assist the Aged Care Advisory Committee in the performance of a function of the Aged Care Advisory Committee covered by subparagraph (ii) of this paragraph;

a function of a committee established under section 205 to advise or assist the Pricing Authority in the performance of a function of the Pricing Authority mentioned in subsection 131A(1) (other than an Aged Care Act function); or

assisting, under section 204Y or 207, in the performance of a function covered by paragraph (a) of this definition.

the performance of the following functions, or the exercising of powers for or in connection with the performance of the following functions:

a function of the Pricing Authority mentioned in subsection 131(1A);

a function of the Clinical Advisory Committee mentioned in paragraph 177(ba);

a function of a subcommittee established under section 191 to advise or assist the Clinical Advisory Committee in the performance of a function of the Clinical Advisory Committee mentioned in paragraph 177(ba);

a function of the Jurisdictional Advisory Committee mentioned in subparagraph 196(1)(a)(va);

a function of a committee established under section 205 to advise or assist the Pricing Authority in the performance of a function of the Pricing Authority mentioned in subsection 131(1A); or

assisting, under section 194, 204 or 207, in the performance of a function mentioned in paragraph (a) of this definition.

the Minister;

if the Minister is not also the Aged Care Minister—the Aged Care Minister.

to publish this, and other information, in a report each year for the purpose of informing decision makers in relation to the funding of public hospitals.

to publish this, and other information, in a report each year for the purpose of informing decision makers in relation to the funding of public hospitals;

if requested by the Minister or the Secretary, to advise the Commonwealth in relation to health care pricing and costing matters.

to advise each relevant Commonwealth Minister in relation to aged care pricing and costing matters;

to perform such functions as are conferred on the Independent Health and Aged Care Pricing Authority by the Aged Care Act.

the Clinical Advisory Committee;

the Jurisdictional Advisory Committee;

the Aged Care Advisory Committee.

health care pricing and costing matters; and

aged care matters.

on request, give independent advice to the Commonwealth in relation to health care pricing and costing matters; and

give independent advice to the Commonwealth in relation to aged care pricing and costing matters; and

perform other functions conferred on the Pricing Authority by the Aged Care Act or legislative instruments made under that Act.

if the Minister or the Secretary requests, in writing, the Pricing Authority to do so—to advise the Commonwealth in relation to one or more health care pricing or costing matters (whether or not the matters relate to health care services provided by public hospitals);

to conduct, or arrange for the conduct of, costing and other studies:

for the purpose of performing the function mentioned in paragraph (a); or

if the Minister or the Secretary requests, in writing, the Pricing Authority to do so;

to publish (whether on the internet or otherwise) reports and papers relating to the functions mentioned in paragraphs (a) and (b);

to do anything incidental to or conducive to the performance of any of the above functions.

(a) to provide advice to each relevant Commonwealth Minister in relation to one or more aged care pricing or costing matters, including in relation to methods for calculating amounts of subsidies to be paid under the Aged Care Act or the Aged Care (Transitional Provisions) Act 1997;

such functions relating to aged care (if any) as are specified in regulations made for the purposes of this paragraph;

to conduct, or arrange for the conduct of, one or more of the following activities for the purpose of performing a function mentioned in paragraph (a) or (b):

the collection and review of data;

costing and other studies;

consultations;

to do anything incidental to or conducive to the performance of the above functions;

(e) such functions (an Aged Care Act function) as are:

conferred on the Pricing Authority by the Aged Care Act or a legislative instrument made under that Act; or

specified in regulations made for the purposes of this subparagraph; or

incidental to or conducive to the performance of the functions mentioned in subparagraph (i) or (ii).

the objects of the Aged Care Act (as mentioned in section 2-1 of that Act); and

(b) the objects of the Aged Care (Transitional Provisions) Act 1997 (as mentioned in section 2-1 of that Act).

with respect to:

the provision of pharmaceutical, sickness or hospital benefits; or

the provision of medical or dental services; or

with respect to a corporation to which paragraph 51(xx) of the Constitution applies; or

with respect to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; or

with respect to matters that are peculiarly adapted to the government of a nation and that cannot otherwise be carried on for the benefit of the nation; or

with respect to the executive power of the Commonwealth; or

with respect to statistics; or

with respect to, or in, a Territory; or

(h) with respect to, or in, a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or

with respect to trade or commerce:

between Australia and places outside Australia; or

among the States; or

within a Territory, between a State and a Territory or between 2 Territories; or

with respect to the use of a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or

with respect to the provision of a service to:

the Commonwealth; or

an authority of the Commonwealth;

with respect to insurance to which paragraph 51(xiv) of the Constitution applies; or

with respect to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.

a Deputy Chair (Hospital Pricing);

a Deputy Chair (Aged Care Pricing);

substantial experience or knowledge; and

significant standing;

public hospital strategic leadership or operational management;

public hospital pricing and costing.

substantial experience or knowledge; and

significant standing;

aged care strategic leadership or operational management;

aged care pricing and costing.

during a vacancy in the office of the Deputy Chair (Aged Care Pricing) of the Pricing Authority (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when the Deputy Chair (Aged Care Pricing) of the Pricing Authority:

is absent from duty or Australia; or

is, for any reason, unable to perform the duties of the office.

the Chair of the Pricing Authority; or

the Deputy Chair (Aged Care Pricing) of the Pricing Authority.

neither the Chair of the Pricing Authority nor the Deputy Chair (Hospital Pricing) of the Pricing Authority is present at a meeting; and

the Deputy Chair (Aged Care Pricing) of the Pricing Authority is present at the meeting;

the services of an officer or employee mentioned in paragraph 174(a) or (b) are made available to the Pricing Authority in connection with the performance of a function of the Pricing Authority; and

the officer or employee is an SES employee or acting SES employee;

a function set out in any of paragraphs 131(1)(a) to (f) or paragraph 131(1)(j);

a function set out in paragraph 131(1A)(a);

a function set out in paragraph 131A(1)(a);

any other function that involves giving advice to the Minister;

a function or power under Part 4.8;

the power to make, vary or revoke a legislative instrument.

to advise the Pricing Authority in relation to matters that relate to the functions of the Pricing Authority mentioned in subsection 131(1A);

matters that relate to the functions of the Pricing Authority mentioned in subsection 131(1A);

to advise the Pricing Authority in relation to the function of the Pricing Authority mentioned in paragraph 131A(1)(a);

to advise the Pricing Authority in relation to matters that:

relate to the functions of the Pricing Authority mentioned in paragraph 131A(1)(b) or (c); and

are referred to the Aged Care Advisory Committee by the Pricing Authority;

to do anything incidental to or conducive to the performance of the above functions.

the Deputy Chair (Aged Care Pricing) of the Pricing Authority;

6 other members.

during a vacancy in the office of a member of the Aged Care Advisory Committee (other than the Chair) (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when a member of the Aged Care Advisory Committee (other than the Chair):

is absent from duty or from Australia; or

is, for any reason, unable to perform the duties of the office.

must not be present during any deliberation by the Aged Care Advisory Committee on the matter; and

(b) must not take part in any decision of the Aged Care Advisory Committee with respect to the matter.

(a) must not be present during any deliberation of the Aged Care Advisory Committee for the purpose of making the determination; and

must not take part in making the determination.

without meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and

that agreement is indicated in accordance with the method determined by the Aged Care Advisory Committee under subsection (2); and

all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.

has determined that it may make decisions of that kind without meeting; and

has determined the method by which members are to indicate agreement with proposed decisions.

partly by one or more members of the Aged Care Advisory Committee; and

partly by one or more other persons.

the subcommittee’s terms of reference; and

the terms and conditions of appointment of the members of the subcommittee; and

the procedures to be followed by the subcommittee.

a State; or

(b) a corporation (a public statutory corporation) that:

is established for a public purpose by a law of a State; and

is not a tertiary education institution; or

a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or

a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.

assist the Aged Care Advisory Committee in the performance of its functions; or

assist a subcommittee established under section 204V in the performance of its functions.

the provision of information;

the making available of resources and facilities (including secretariat services and clerical assistance).

the performance of the functions of the Pricing Authority mentioned in subsection 131(1A) or 131A(1), or the exercise of powers for or in connection with the performance of those functions; or

the performance of the functions of the Clinical Advisory Committee mentioned in paragraph 177(ba), or the exercise of powers for or in connection with the performance of those functions; or

the performance of the functions of the Jurisdictional Advisory Committee mentioned in subparagraph 196(1)(a)(va), or the exercise of powers for or in connection with the performance of those functions; or

the performance of the functions of the Aged Care Advisory Committee, or the exercise of powers for or in connection with the performance of those functions; or

(e) the performance of functions or the exercise of powers under the Public Governance, Performance and Accountability Act 2013.

prepare a report about one or more specified matters relating to the performance of the functions of the Pricing Authority mentioned in subsection 131(1A); and

give copies of the report to the Minister within the period specified in the notice.

prepare a document setting out specified information relating to the performance of the functions of the Pricing Authority mentioned in subsection 131(1A); and

give copies of the document to the Minister within the period specified in the notice.

a report under subsection (1); or

a document under subsection (2).

when the advice was given by the Pricing Authority;

the content of the advice that was given.

prepare a report about one or more specified matters relating to the performance of the functions of the Pricing Authority mentioned in subsection 131A(1); and

give copies of the report to the relevant Commonwealth Minister within the period specified in the notice.

prepare a document setting out specified information relating to the performance of the functions of the Pricing Authority mentioned in subsection 131A(1); and

give copies of the document to the relevant Commonwealth Minister within the period specified in the notice.

a report under subsection (1); or

a document under subsection (2);

a requirement under subsection (1) or (2);

a direction under subsection (3).

protected Pricing Authority information that is aged care information; or

protected information (within the meaning of the Aged Care Act) that is not aged care information.

details of the advice provided by the Pricing Authority to each relevant Commonwealth Minister during the financial year in the performance of the Pricing Authority’s functions mentioned in subsection 131A(1), including:

when the advice was provided by the Pricing Authority to each relevant Commonwealth Minister; and

the content of the advice; and

the following details relating to the Pricing Authority’s Aged Care Act functions:

the number of applications under section 52G-4 of the Aged Care Act that were made to the Pricing Authority during the financial year for approval to charge an accommodation payment higher than the maximum amount;

the number of such applications that were approved, rejected or withdrawn during the financial year;

the number of applications under Division 35 of that Act that were made to the Pricing Authority during the financial year for approval to charge an extra service fee;

any other details required by regulations made for the purposes of this subparagraph.

the protected Pricing Authority information is aged care information and the disclosure or use is in compliance with a requirement under a law of the Commonwealth.

the Aged Care Advisory Committee; or

a committee established under section 205.

the person is a member of a committee referred to in paragraph (1)(a) or (b); and

protected Pricing Authority information has been disclosed under subsection (1) to the committee; and

the person:

discloses the information to another person; or

uses the information.

the disclosure or use is for the purposes of this Act; or

the disclosure or use is for the purposes of the performance of the functions of the committee under this Act; or

the disclosure or use is in the course of the person’s service as a member of the committee.

health care pricing and costing information; or

aged care information.

health care pricing and costing information; or

aged care information.

health care pricing and costing information; or

aged care information.

health care pricing and costing information; or

aged care information;

the Australian Institute of Health and Welfare;

the Australian Statistician.

health care pricing and costing information; or

aged care information.

the applicant;

the Secretary.

(hb) to allow persons performing an activity mentioned in paragraph 131A(1)(c) of the National Health Reform Act 2011 access to the service, as required under the Accountability Principles, for the purposes of the *Pricing Authority performing the function mentioned in paragraph 131A(1)(a) of that Act;

(hc) to provide persons performing an activity mentioned in paragraph 131A(1)(c) of the National Health Reform Act 2011 with all reasonable facilities and assistance necessary, as required under the Accountability Principles, for the purposes of the Pricing Authority performing the function mentioned in paragraph 131A(1)(a) of that Act;

(cc) to the *Pricing Authority to assist in the performance of the functions mentioned in subsection 131A(1) of the National Health Reform Act 2011 or the exercise of powers for or in connection with the performance of those functions; and

the Secretary;

the *Quality and Safety Commissioner.

(i) to the Pricing Authority to assist in the performance of the Aged Care Act functions (within the meaning of the National Health Reform Act 2011) of the Pricing Authority; or

section 210 of the National Health Reform Act, as amended by Part 1 of this Schedule; and

sections 204X, 211B and 211D of the National Health Reform Act, as inserted by Part 1 of this Schedule;

the approval continues in force (and may be dealt with) as if it were an approval under Division 35 of the amended Aged Care Act; and

the date of the approval for the purposes of the old Aged Care Act is taken to be the date of the approval for the purposes of the amended Aged Care Act.

the application date is before the commencement day; and

the application is in a form approved by the Aged Care Pricing Commissioner for the purposes of subsection 35-2(1) of the old Aged Care Act; and

either:

no decision on the application has been made before the commencement day; or

a decision on the application has been made before the commencement day but notice of the decision has not been given to the applicant before that day.

the application is taken to have been made on the application date to the Independent Health and Aged Care Pricing Authority under Division 35 of the amended Aged Care Act; and

the application is taken to be in a form approved by the Independent Health and Aged Care Pricing Authority for the purposes of subsection 35-2(1) of the amended Aged Care Act.

the approval continues in force (and may be dealt with) as if it were an approval under subsection 52G-4(5) of the amended Aged Care Act; and

the date of the approval for the purposes of the old Aged Care Act is taken to be the date of the approval for the purposes of the amended Aged Care Act.

the application date is before the commencement day; and

no decision on the application has been made before the commencement day.

the request date is before the commencement day; and

either:

no decision on the request has been made before the commencement day; or

a decision on the request has been made before the commencement day but notice of the decision has not been given to the applicant before that day.

the old Aged Care Act; or

a legislative instrument made under the old Aged Care Act; or

(c) the Aged Care Quality and Safety Commission Act 2018 as in force immediately before the commencement day;

the instrument was in force immediately before the commencement day; and

the instrument contains a reference to the Aged Care Pricing Commissioner.

a contract, deed, undertaking, arrangement or agreement; and

a notice, authority, order or instruction; and

an instrument made under an Act or regulation.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Schedule.

an approved provider provides aged care of a kind specified in the Quality of Care Principles made for the purposes of paragraph 54-1(1)(f) to a care recipient; and

a *restrictive practice is used in relation to the care recipient; and

the care recipient lacked capacity to give informed consent to the use of the restrictive practice.

informed consent to the use of the restrictive practice was given by a person or body specified in the Quality of Care Principles made for the purposes of this paragraph; and

the restrictive practice was used in the circumstances set out in the Quality of Care Principles made for the purposes of paragraph 54-1(1)(f).

the approved provider referred to in paragraph (1)(a);

an individual who used, or assisted in the use of, the *restrictive practice in relation to the care recipient referred to in that paragraph.