to monitor, investigate and report to the Minister and Parliament on:

the exercise of powers, and the performance of functions and duties, under an aged care law; or

the Commonwealth’s administration of an aged care law or aged care funding agreement; or

the operation of an aged care law; or

the performance of obligations and the exercise of rights by the Commonwealth under an aged care funding agreement;

to monitor, investigate and report to the Minister and Parliament on systemic issues relating to a matter referred to in subparagraph (a)(i), (ii), (iii) or (iv);

to monitor, investigate and report to the Minister and Parliament on any systems established by the Commonwealth to administer an aged care law or aged care funding agreement;

to monitor, investigate and report to the Minister and Parliament on the implementation by the Commonwealth of the recommendations of the Aged Care Royal Commission;

any other functions conferred on the Inspector-General by this Act or the regulations;

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

has complete discretion in the performance of the Inspector-General’s functions and the exercise of the Inspector-General’s powers; and

is not subject to direction by any person in relation to the performance or exercise of those functions or powers.

whether or not a particular outcome or priority is to be included in a work plan for a financial year; or

the conduct of a review, including:

the terms of reference for a review; and

how a review is to be conducted; and

the timing of a review; and

the priority to be given to a review; or

the content of a report.

Subdivision B—Office of the Inspector-General of Aged Care

the Office is a listed entity; and

(b) the Inspector-General is the accountable authority of the listed entity; and

the following persons are officials of the Office:

the Inspector-General;

the staff of the Office;

persons assisting the Inspector-General referred to in section 41;

consultants engaged under section 42; and

the purposes of the Office include the functions of the Inspector-General referred to in section 10.

the reviews that the Inspector-General intends to conduct under section 17 during the financial year; and

details of each review, including when each review will be conducted.

the objects of this Act; and

the functions of the Inspector-General; and

the work plan for the financial year in which the directed review is to be conducted; and

whether the Inspector-General has sufficient resources to conduct the directed review.

the terms of reference for a directed review; and

the priority to be given to a directed review.

the Secretary; or

a Minister administering an aged care law.

be in writing; and

specify the day on which the review starts (which must be the day on which the notice is given); and

specify the terms of reference for the review; and

be given to:

the Minister; and

if the review relates to the exercise of powers, or the performance of functions or duties, by an official of a Commonwealth entity—the head (however described) of the entity; and

(iii) if the review relates to the exercise of powers, or the performance of functions or duties, of an Appointed Commissioner under a provision of the Aged Care Act 2024—the Commissioner of the Aged Care Quality and Safety Commission; and

(iv) if the review relates to the exercise of powers, or the performance of functions or duties, under an aged care law other than a provision of the Aged Care Act 2024—the Secretary of the Department.

the proper conduct of the review or any other review under section 17; or

the preparation of a draft review report or final review report.

give the notice to any other person or body; or

cause the notice to be published in any other manner that the Inspector-General thinks fit.

how to communicate an invitation; and

who may make a submission; and

how submissions may be made.

advertise in the press or other media seeking written submissions from the public; or

contact particular persons or bodies inviting them to attend a meeting at which they may make oral submissions.

Requests for confidentiality

not to make the submission, or a part of the submission, available under section 20; or

not to include the submission, or a part of the submission, in the draft review report or the final review report.

the request is reasonable in the circumstances; and

agreeing to the request would not unduly impede the conduct of the review; and

the person or body has made the submission in good faith.

the person or body may withdraw the submission or the part of the submission; and

if the submission is a written submission—the person or body may require the submission, or the part of the submission, to be returned to the person or body.

it names, or otherwise makes reasonably identifiable, an individual other than:

a Minister of the Commonwealth, a State or a Territory; or

an individual who holds an office or appointment under a law of the Commonwealth, a State or a Territory; or

an SES employee or acting SES employee; or

an individual who made the submission, unless the submission is a disclosure that qualifies for protection under section 54 (confidentiality of identity); or

it contains information that the Inspector-General is satisfied is sensitive information.

the person or body requested the Inspector-General not to make the submission or the part of the submission available, and the Inspector-General agreed to the request; or

the submission, or the part of a submission, was withdrawn by, or returned to, the person or body under subsection 19(6).

the preliminary findings of the review; and

a summary of the evidence and other material on which those preliminary findings are based; and

any proposed recommendations resulting from the review.

Reasonable opportunity to comment

the draft review report; and

a reasonable opportunity to comment on the report;

to the following:

(c) if the review relates to the exercise of powers, or the performance of functions or duties, of an Appointed Commissioner under a provision of the Aged Care Act 2024—the Commissioner of the Aged Care Quality and Safety Commission;

otherwise—the Secretary of the Department.

a statement setting out the finding or recommendation; and

a reasonable opportunity to respond to the finding or recommendation.

the person receives any of the following:

a draft review report;

a document relating to a preliminary finding or a proposed recommendation included in a draft review report;

an extract from a report or document referred to in this paragraph; and

the person discloses any information in the report, document or extract.

in a comment made in accordance with subsection 21(3); or

in a response given in accordance with subsection 22(1); or

to a lawyer for the purpose of obtaining legal advice in connection with making such a comment or giving such a response; or

(d) to the Commonwealth Ombudsman, or another officer Ombudsman Act 1976; orwithin the meaning of subsection 35(1) of the

with the consent of the Inspector-General.

must be given in writing; and

must set out:

whether the entity, official or person concerned accepts the recommendation (in whole or in part); and

if the entity, official or person accepts the recommendation (in whole or in part)—details of any action that the entity, official or person proposes to take to give effect to the recommendation (in whole or in part); and

if the entity, official or person does not accept the recommendation (in whole or in part)—the reasons for not accepting the recommendation (in whole or in part).

Contents of final report

the findings of the review; and

a summary of the evidence and other material on which those findings are based; and

any recommendations resulting from the review; and

if the Inspector-General has given a notice under subsection (3) in relation to a recommendation:

if a response to the recommendation has been given within the period specified in the notice—a copy of the response; or

if a response to the recommendation has not been given within the period specified in the notice—a statement to that effect.

the Minister; and

if the report includes a recommendation that a government entity, a government official or any other person take certain action—the entity, official or other person concerned; and

any other person to whom the Inspector-General gave a copy of the draft review report.

Tabling

the measures and actions taken by the Commonwealth in response to the recommendation; and

the effectiveness of those measures and actions in implementing the recommendation.

Report

give the Minister a written report of the review; and

publish the report on the Inspector-General’s website.

for the first report—1 January 2024; and

for the second report—1 January 2025.

must be published on the Inspector-General’s website; and

must be given to the Minister:

for the first report under subsection (1)—on or before 1 June 2024; and

for the second report under subsection (1)—on or before 1 June 2025; and

for a report under subsection (2)—as soon as practicable; and

may be given to any other person who, in the Inspector-General’s opinion, has a special interest in a matter to which the report relates.

include information that the Inspector-General is satisfied is sensitive information; or

name, or otherwise make reasonably identifiable, an individual other than:

a Minister of the Commonwealth, a State or a Territory; or

an individual who holds an office or appointment under a law of the Commonwealth, a State or a Territory; or

an SES employee or acting SES employee.

for misbehaviour; or

if the Inspector-General is unable to perform the duties of the Inspector-General’s office because of physical or mental incapacity.

the Inspector-General:

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with the Inspector-General’s creditors; or

makes an assignment of the Inspector-General’s remuneration for the benefit of the Inspector-General’s creditors; or

the Inspector-General is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

the Inspector-General engages, except with the Minister’s approval, in paid work outside the duties of the Inspector-General’s office (see section 36); or

(d) the Inspector-General fails, without reasonable excuse, to comply with Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.section 29 of the

(a) persons engaged under the Public Service Act 1999; and

such other persons (if any) as the Inspector-General considers necessary to employ to assist the Inspector-General in the performance of the Inspector-General’s functions.

the Inspector-General and the APS employees assisting the Inspector-General together constitute a Statutory Agency; and

(b) the Inspector-General is the Head of that Statutory Agency.

(a) officers and employees of Agencies (within the meaning of the Public Service Act 1999), and of authorities of the Commonwealth, whose services are made available to the Inspector-General in connection with the performance of any of the Inspector-General’s functions; and

persons whose services are made available under arrangements made under subsection (2).

a State or Territory government; or

a State or Territory government authority;

under which the government or authority makes officers or employees available to the Inspector-General to perform services in connection with the performance of any of the Inspector-General’s functions.

to give any such information to an official of the Office; or

to produce any such document or thing to an official of the Office; or

to appear before an official of the Office to answer questions.

if paragraph (2)(a) or (b) applies—specify:

the period (which must be at least 14 days after the notice is given to the person) within which the person is required to comply with the notice; and

the manner in which the person is required to comply with the notice; and

if paragraph (2)(c) applies—specify:

a time and place at which the person is to appear; and

the nature of the matter to which the questions will relate; and

(c) in any case—state the effect of subsections (7) and (8) and sections 137.1 and 137.2 of the Criminal Code (false or misleading information or documents).

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

the person fails to comply with the notice.

Fault-based offence

the person gives information to an official of the Office; and

the person does so knowing that the information:

is false or misleading in a material particular; or

omits any matter or thing without which the information is misleading in a material particular; and

the information is given in compliance or purported compliance with a notice under subsection 44(2).

the person produces a document to an official of the Office; and

the person does so knowing that the document:

is false or misleading in a material particular; or

omits any matter or thing without which the information or document is misleading in a material particular; and

the document is produced in compliance or purported compliance with a notice under subsection 44(2).

stating that the document is, to the knowledge of the first-mentioned person, false or misleading in a material particular; and

setting out, or referring to, the material particular in which the document is, to the knowledge of the first-mentioned person, false or misleading.

may make copies of the document or thing, or take extracts from the document; and

may retain possession of the document or thing for such period as is necessary for the purposes of the performance of any of the Inspector-General’s functions referred to in paragraphs 10(1)(a) to (d).

to do so at all reasonable times; and

to copy the document or thing.

possession of the document or thing by the person could constitute an offence; or

inspecting or copying the document or thing (as the case requires) would compromise or damage the document or thing; or

the Inspector-General is satisfied that allowing the person to inspect the document or view the thing would prejudice the performance of any of the Inspector-General’s functions referred to in paragraphs 10(1)(a) to (d).

possession of the document or thing by a person could constitute an offence; or

the document or thing may otherwise be retained, destroyed or disposed of under a law, or an order of a court or tribunal, of the Commonwealth or of a State or a Territory; or

the document or thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.

if the premises are occupied by a person or body covered by subsection (2)—at all reasonable times; and

otherwise—at all reasonable times, if:

the Inspector-General has certified, in writing, that the Inspector-General is satisfied that it is reasonably necessary for the authorised official to have access to the premises for the purposes of the performance of those functions; and

the certificate is in force.

a Commonwealth entity;

a body (other than a Commonwealth entity) established by or under a law of the Commonwealth;

a body established, otherwise than by or under a law of the Commonwealth, by the Governor-General;

an incorporated company in which the Commonwealth has a controlling interest.

a member of the group of persons who is responsible for the executive decisions of the person or body occupying the premises; or

any other person who has authority or responsibility for, or significant influence over, planning, directing or controlling the activities of the person or body occupying the premises.

is entitled to full and free access at all reasonable times to any documents or other property; and

may examine, make copies of or take extracts from any document; and

for the purpose of making a copy of, or taking an extract from, a document, remove the document from the premises.

the occupier of the premises asks the authorised official to produce proof of the authorised official’s authority to enter and remain on the premises; and

the authorised official fails to:

if the authorised official is the Inspector-General—identify themselves as the Inspector-General; or

if the authorised official is not the Inspector-General—produce a written authority signed by the Inspector-General that states that the official is authorised to exercise powers or perform functions under this section; and

if paragraph (1)(b) applies—the authorised official fails to produce a certificate issued by the Inspector-General under subparagraph (1)(b)(i) in relation to the premises.

the Inspector-General; or

an official of the Office (other than the Inspector-General) who is authorised by the Inspector-General, in writing, to exercise powers or perform functions under this section.

Fault-based offence

the information given, document or thing produced or answer given; and

the giving of the information, the production of the document or thing or the answering of the question; and

any information, document or thing obtained as a direct or indirect consequence of the giving of the information, the production of the document or thing or the answering of the question;

are not admissible in evidence against the individual in criminal proceedings other than proceedings for an offence against Criminal Code (false or misleading information or documents) that relates to section 44.section 137.1 or 137.2 of the

legal advice given to a Minister or a Commonwealth entity; or

a communication between an official of a Commonwealth entity and another person or body.

the information given, document or thing produced or answer given; and

the giving of the information, the production of the document or thing or the answering of the question; and

any information, document or thing obtained as a direct or indirect consequence of the giving of the information, the production of the document or thing or the answering of the question;

are not admissible in evidence against the person in any civil or criminal proceedings.

a provision of a law of the Commonwealth that purports to prohibit; or

anything done, under a provision of a law of the Commonwealth, to prohibit;

any of the following:

the use of information, or a document or thing;

dealing with information, or a document or thing;

making a record of information, or a copy of a document or thing;

the disclosure or publication of information;

the production of, or the publication of the contents of, a document;

the production of a thing;

access to information, a document or a thing;

regardless of whether the provision of the law of the Commonwealth:

commenced before the commencement of this section; or

is expressed to apply despite any other law.

(a) a secrecy provision under the My Health Records Act 2012;

(b) a secrecy provision that is a provision of a taxation law within the meaning of the Taxation Administration Act 1953;

(c) a secrecy provision in the Ombudsman Act 1976;

a secrecy provision that is expressed by another law of the Commonwealth to have effect despite this Act;

anything done under a provision referred to in paragraphs (a) to (d).

before the disclosure is made:

the discloser requests that identifying information about the discloser be protected as confidential; and

the Inspector-General agrees, in writing, to the request; and

the disclosure is made to an official of the Office.

be made in writing; and

be given to the Inspector-General; and

specify the nature of the information to be disclosed; and

be accompanied by any other documents or information specified in the regulations.

the nature of the information to be disclosed; and

whether disclosing, or enabling a person to ascertain, identifying information about the discloser is likely to result in significant and direct detriment to the discloser; and

any other matter the Inspector-General considers relevant.

(a) an individual (the discloser) makes a disclosure of information (the qualifying disclosure) that qualifies for protection under section 54; and

(b) the person discloses any of the following (the confidential information):

identifying information about the discloser;

any other information that is likely to lead to the identification of the discloser; and

the confidential information is information that the person obtained directly or indirectly because of the qualifying disclosure; and

the disclosure referred to in paragraph (b) is not authorised under subsection (2).

(a) the disclosure is made to a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or

the disclosure is made to a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to the operation of this Subdivision; or

the disclosure is made with the consent of the discloser; or

the disclosure is made to a person or body prescribed by the regulations; or

both of the following apply:

the confidential information is in the public domain before the disclosure is made;

the original disclosure of the confidential information into the public domain (before the disclosure is made) was not in contravention of subsection (1).

Fault-based offence

the first person engages in conduct; and

(b) the first person’s conduct causes any detriment to another person (the second person); and

the first person engages in the conduct because the first person believes or suspects that the second person or a third person has done, may have done or intends to do any of the following things:

give information to a person exercising or performing any power or function under this Act;

produce a document to a person exercising or performing any power or function under this Act;

any other thing for the purpose of assisting in the performance of the functions, or the exercise of the powers, of the Inspector-General.

(a) the first person makes to another person (the second person) a threat to cause any detriment to the second person or to a third person; and

the first person:

intends the second person to fear that the threat will be carried out; or

is reckless as to causing the second person to fear that the threat will be carried out; and

the first person makes the threat because the first person believes or suspects that a person has done, may have done or intends to do any of the following things:

give information to a person exercising or performing any power or function under this Act;

produce a document to a person exercising or performing any power or function under this Act;

any other thing for the purpose of assisting in the performance of the functions, or the exercise of the powers, of the Inspector-General.

Threats

express or implied; or

conditional or unconditional.

that the person threatened actually feared that the threat would be carried out; or

that a person has done, may have done or intends to do a thing mentioned in paragraph (3)(c).

Exception—reasonable administrative action

the person is not subject to any civil, criminal or administrative liability (including disciplinary action) for making the disclosure; and

no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.

if the disclosure is made in compliance with a request made by the Inspector-General—the person:

has qualified privilege in proceedings for defamation in respect of the disclosure; and

is not, in the absence of malice on the person’s part, liable to an action for defamation at the suit of a person in respect of the disclosure; and

if the disclosure is made in compliance with a notice given under subsection 44(2)—the person has absolute privilege in proceedings for defamation in respect of the disclosure; and

a contract to which the person is a party must not be terminated on the basis that the disclosure constitutes a breach of the contract.

the person bears the onus of adducing or pointing to evidence that suggests a reasonable possibility that the claim is made out; and

if the person discharges that onus—the party instituting the primary proceedings against the person bears the onus of proving that the claim is not made out; and

the court must deal with the claim in separate proceedings; and

the court must adjourn the primary proceedings until the claim has been dealt with; and

none of the following:

any admission made by the person in the separate proceedings;

any information given by the person in the separate proceedings;

any other evidence adduced by the person in the separate proceedings;

is admissible in evidence against the person except in proceedings in respect of the falsity of the admission, information or evidence; and

if the person or another person gives evidence in the separate proceedings in support of the claim—giving that evidence does not amount to a waiver of privilege for the purposes of the primary proceedings or any other proceedings.

the person is, or has been, an entrusted person; and

the person has obtained information in the person’s capacity as an entrusted person; and

the information is protected information; and

the person uses or discloses the information.

(a) the Commonwealth Ombudsman, or another officer Ombudsman Act 1976;within the meaning of subsection 35(1) of the

(b) the Australian Information Commissioner, a member of the staff of the Office of the Australian Information Commissioner, or a consultant engaged under the Australian Information Commissioner Act 2010.

Use or disclosure for certified purposes

protected information; and

any other information obtained by the person in the person’s capacity as an entrusted person;

if the disclosure:

(c) is necessary to lessen or prevent a serious threat to the safety, health or well-being of an individual seeking to access, or accessing, funded aged care services (within the meaning of the Aged Care Act 2024); or

(d) is for the purpose of, or in relation to, reporting a past threat to an individual’s life, health or safety to an entity (within the meaning of the Aged Care Act 2024) that has regulatory, compliance or law enforcement functions.