the person or body is required or permitted by or under a prescribed Commonwealth law, a prescribed State law or a prescribed Territory law, to obtain and deal with information about persons who work, or seek to work, with an individual accessing funded aged care services; and

the disclosure is for the purpose of the person or body obtaining and dealing with such information in accordance with the prescribed law.

the person or body is required or permitted by or under a prescribed Commonwealth law, a prescribed State law or a prescribed Territory law, to deal with information about persons who work, or seek to work, with an individual accessing funded aged care services; and

the taking into account is:

for the purpose of dealing with such information in accordance with the prescribed law; or

required by or under a Commonwealth law, a State law or a Territory law.

the person or body is required or permitted by or under a prescribed Commonwealth law, a prescribed State law or a prescribed Territory law, to deal with information about persons who work, or seek to work, with an individual accessing funded aged care services; and

the disclosure is required by or under a Commonwealth law, a State law or a Territory law.

to which information may be disclosed; or

by which information may be taken into account or disclosed;

is required or permitted by or under a Commonwealth law, a State law or a Territory law to obtain and deal with information about persons who work, or seek to work, with an individual accessing funded aged care services; and

complies with applicable Commonwealth law, State law or Territory law relating to privacy, human rights and records management; and

complies with the principles of natural justice; and

has risk assessment frameworks and appropriately skilled staff to assess risks to the safety of an individual accessing funded aged care services.

work:

under a contract of employment, contract of apprenticeship or contract for services; or

in a leadership role in a religious institution, as part of the duties of a religious vocation or in any other capacity for the purposes of a religious institution; or

as an officer of a body corporate, member of the committee of management of an unincorporated body or association or member of a partnership; or

as a volunteer, other than unpaid work engaged in for a private or domestic purpose; or

as a self-employed person;

practical training as part of a course of education or vocational training;

acting in a prescribed capacity or engaging in a prescribed activity.

(daa) the disclosure or use of the information by the person is made for the purposes of complying with the worker screening requirements prescribed by rules made for the purposes of Aged Care Act 2024; orsection 152 of the

to share information in the database:

with persons or bodies (including employers and potential employers) for the purposes of the National Disability Insurance Scheme; or

with the Commissioner of the Aged Care Quality and Safety Commission for the purposes of assisting the Commissioner to perform the Commissioner’s functions or exercise the Commissioner’s powers; or

with registered aged care providers that are employers, or potential employers, of persons; or

(iv) with persons or bodies (whether the persons or bodies are registered aged care providers or not) for the purposes of the Aged Care Act 2024 or for the purposes of those persons or bodies facilitating the employment, engagement or training of other persons to work with individuals accessing funded aged care services;

(a) information relating to persons (each of whom is a screening applicant) who:

(i) have made applications (each of which is a screening application) for an aged care worker screening check; and

are identified (in screening applications or otherwise) as seeking to work with people with disability;

information relating to each screening applicant in respect of whom a screening application is no longer being considered and the reasons for this;

(c) information relating to each screening applicant in respect of whom a decision (a clearance decision) (however described) is in force, under an aged care worker screening law, to the effect that the person, in working, or seeking to work, with individuals accessing funded aged care services does not pose a risk to such individuals and information relating to the decision;

information relating to any decisions made under an aged care worker screening law, in relation to each screening applicant, while the screening applicant’s application is pending;

(e) information relating to each screening applicant in respect of whom a decision (an exclusion decision) (however described) is in force, under an aged care worker screening law, to the effect that the person, in working, or seeking to work, with individuals accessing funded aged care services does pose a risk to such individuals and information relating to the decision;

if a clearance decision or an exclusion decision specifies the period for which the decision is in force—information setting out that period;

information relating to each person in respect of whom a decision (however described), under an aged care worker screening law, suspending a clearance decision has been made and information relating to the suspension;

information relating to each person in respect of whom a decision (however described), under an aged care worker screening law, revoking a clearance decision or an exclusion decision has been made and information relating to the revocation;

information relating to employers or potential employers of persons who have made screening applications.

words in a provision; or

part of a provision; or

a whole provision; or

a series or group of provisions.

the new Act;

an instrument made under the new Act.

the old Act;

the Commission Act;

the old Transitional Provisions Act;

an instrument made under the old Act, the Commission Act or the old Transitional Provisions Act.

the use of the expression in that provision relates to an event that occurred, or a state of affairs that existed, under the old law before the transition time; or

the provision has the effect that a provision of the old law continues to apply despite the repeal of the old law.

an eligibility determination under subsection 57(1) of the new Act;

a decision under subsection 65(1) of the new Act that the individual requires access to funded aged care services;

for an individual referred to in paragraph (2)(a) or (e) of this item—a decision under paragraph 65(2)(a) of the new Act that the individual is approved for the following:

the classification type ongoing for the service group home support;

the classification type short-term for the service group assistive technology;

the classification type short-term for the service group home modifications;

for an individual referred to in paragraph (2)(b) of this item—a decision under paragraph 65(2)(a) of the new Act that the individual is approved for the following:

the classification type short-term for the service group home support;

the classification type short-term for the service group assistive technology;

the classification type short-term for the service group home modifications;

for an individual referred to in paragraph (2)(c) of this item—a decision under paragraph 65(2)(a) of the new Act that the individual is approved for the following:

the classification type hospital transition for the service group home support;

the classification type hospital transition for the service group assistive technology;

for an individual referred to in paragraph (2)(d) or (f) of this item—a decision under paragraph 65(2)(a) of the new Act that the individual is approved for the following:

the classification types ongoing and short-term for the service group home support;

the classification type short-term for the service group assistive technology;

the classification type short-term for the service group home modifications;

for an individual who is in a transitional cohort under a determination made under subitem (3)—a decision under paragraph 65(2)(a) of the new Act that the individual is approved for each service group and each classification type for that service group specified by the determination;

for an individual referred to in any paragraph in subitem (2) of this item and who is not an Aboriginal or Torres Strait Islander person:

a decision under subparagraph 65(2)(b)(i) of the new Act that the individual is approved for all service types in each of those service groups; and

a decision under subparagraph 65(2)(b)(ii) of the new Act that the individual is approved for all funded aged care services in a service type to which that subparagraph applies.

was approved under section 22-1 of the old Act as a recipient of home care; or

was approved under section 22-1 of the old Act as a recipient of flexible care in the form of short-term restorative care (within the meaning of the old Principles); or

was approved under section 22-1 of the old Act as a recipient of flexible care in the form of transition care (within the meaning of the old Principles); or

either:

was accessing flexible care provided in a community setting through a multi-purpose service (within the meaning of the old Principles); or

was party to a written agreement with an approved provider (within the meaning of the old Act) of a multi-purpose service (within the meaning of the old Principles) which provides for the individual to commence accessing flexible care provided in a community setting through that service within the period of 3 months beginning at the transition time; or

had been assessed as eligible for Commonwealth Home Support Programme services; or

had, at any time in the previous 12 months, accessed services under the National Aboriginal and Torres Strait Islander Flexible Aged Care Program.

the individuals in that class were eligible to access aged care (whether under the old Act or under a Commonwealth program) at any time in the 12 month period ending at the transition time; and

the System Governor considers it reasonably necessary to make the determination to ensure continuity of aged care for those individuals.

the individual has a long-term physical, mental, sensory or intellectual impairment and the impairment may hinder the individual’s participation in society on an equal basis with others as a result of the impairment’s interaction with various barriers; and

any of the following apply:

each of the funded aged care services in the service type, or the funded aged care service, is an in-home, residential or other community support service and access to the funded aged care services in the service type, or the funded aged care service, is necessary to support the individual to live and be included in the community, and to prevent isolation or segregation of the individual from the community;

access to the funded aged care services in the service type, or the funded aged care service, will facilitate personal mobility of the individual in the manner and at the time of the individual’s choice;

the funded aged care services in the service type each involve, or the funded aged care service involves, a mobility aid or device, or assistive technology, live assistance or intermediaries that will facilitate personal mobility of the individual;

the funded aged care services in the service type are each, or the funded aged care service is, a health service that the individual needs because of the individual’s impairment or because of the interaction of the individual’s impairment with various barriers;

the funded aged care services in the service type are each, or the funded aged care service is, a habilitation or rehabilitation service;

the funded aged care services in the service type are each, or the funded aged care service is, a service that will assist the individual to access a service mentioned in subparagraph (iv) or (v);

the funded aged care services in the service type, or the funded aged care service, will minimise the prospects of the individual acquiring a further impairment or prevent the individual from acquiring a further impairment;

the funded aged care services in the service type are each, or the funded aged care service is, a medical service required by the individual because of sickness.

an eligibility determination under subsection 57(1) of the new Act;

a decision under subsection 65(1) of the new Act that the individual requires access to funded aged care services;

a decision under paragraph 65(2)(a) of the new Act that the individual is approved for the following:

if paragraph (2)(a) of this item applies to the individual—the classification type ongoing for the service group residential care;

if paragraph (2)(b) of this item applies to the individual—the classification type short-term for the service group residential care;

if paragraph (2)(c) or (e) of this item applies to the individual—the classification types ongoing and short-term for the service group residential care;

if paragraph (2)(d) of this item applies to the individual—the classification type hospital transition for the service group residential care.

the individual was approved under section 22-1 of the old Act as a recipient of residential care and that approval did not include a limitation under paragraph 22-2(1)(c) of the old Act (which deals with the provision of respite care); or

the individual was approved under section 22-1 of the old Act as a recipient of residential care and that approval included a limitation under paragraph 22-2(1)(c) of the old Act (which deals with the provision of respite care); or

the individual was approved under section 22-1 of the old Act as a recipient of residential care and the terms of that approval expressly covers the provision of respite care; or

the individual was approved under section 22-1 of the old Act as a recipient of residential care and flexible care in the form of transition care (within the meaning of the old Principles); or

subitem (3) applies in relation to the individual and:

the individual was accessing flexible care provided in a residential setting through a multi-purpose service (within the meaning of the old Principles); or

the individual was party to a written agreement with an approved provider (within the meaning of the old Act) of a multi-purpose service (within the meaning of the old Principles) which provides for the individual to commence accessing flexible care provided in a residential setting through that service within the period of 3 months beginning at the transition time; or

the individual had, at any time in the previous 12 months, received services under the National Aboriginal and Torres Strait Islander Flexible Aged Care Program.

the individual has, by reason of sickness (within the meaning of the new Act), a continuing need for funded aged care services (including nursing services) in the service group; or

the individual is an Aboriginal or Torres Strait Islander person.

the individuals in that class were eligible to access, at any time in the 12 month period ending at the transition time:

residential care, or flexible care provided in a residential setting, under the old Act; or

care provided in a residential setting under a Commonwealth program; and

the System Governor considers it reasonably necessary to make the determination to ensure continuity of funded aged care services through the service group residential care for those individuals.

the classification level taken to be established for each of the individuals in the class under subsection 78(1) of the new Act at the transition time for a classification type for a service group that those individuals are taken to be approved for under subitem 2(1);

if circumstances specified by the determination apply in relation to the individuals in the class and a classification type for a service group specified by the determination—the priority category that each of those individuals is taken to have been assigned for the classification type for the service group under subsection 86(1) of the new Act at the transition time;

if circumstances specified by the determination apply in relation to the individuals in the class and a classification type for a service group specified by the determination—that a place is taken to have been allocated under subsection 92(1) of the new Act at the transition time to each of those individuals for the classification type for the service group.

the classification level taken to be established for each of the individuals in the class under subsection 78(1) of the new Act at the transition time for a classification type for the service group residential care that those individuals are taken to be approved for under subitem 3(1);

if circumstances specified by the determination apply in relation to the individuals in the class and a classification type for the service group residential care—the priority category that each of those individuals is taken to have been assigned for the classification type for the service group under subsection 86(1) of the new Act at the transition time;

if circumstances specified by the determination apply in relation to the individuals in the class and a classification type for the service group residential care specified by the determination—that a place is taken to have been allocated under subsection 92(1) of the new Act at the transition time to each of those individuals for the classification type for the service group.

an entity that is, immediately before the transition time, an approved provider within the meaning of section 7 of the Commission Act;

an entity that is, immediately before the transition time, the holder of an approval under section 63D of the Commission Act that is suspended under section 63N of that Act.

the recency of any audits conducted under the Commission Act in relation to the entity; and

the desirability of ensuring a smooth sequence of audits conducted under section 110 of the new Act.

the general need for continued delivery of funded aged care services to individuals that correspond as nearly as possible to the types of aged care provided to individuals under the old Act and the services provided under agreements between aged care providers and the Commonwealth;

any types of aged care the entity was, immediately before the transition time, approved to provide under section 63D of the Commission Act;

any services covered in an agreement between the entity and the Commonwealth that was in effect immediately before the transition time;

any types of aged care or services the entity had actually provided to individuals in the period of 12 months ending at the transition time.

any place through which the entity provided either of the following as at immediately before the transition time:

a residential care service that meets its accreditation requirement at the transition time;

a flexible care service through which the entity provides flexible care in the form of transition care (within the meaning of the old Principles);

any place which, as at immediately before the transition time, was covered by an agreement between the entity and the Commonwealth for the entity to provide flexible care through a multi-purpose service (within the meaning of the old Principles).

a home care service;

a flexible care service through which flexible care is provided as either transition care or short-term restorative care (within the meaning of the old Principles).

the total number of places allocated under section 14-1 of the old Act to the entity which include a condition under paragraph 14-5(3)(b) of that Act that the place is allocated in respect of an aged care service referred to in paragraph (7)(a) of this item in relation to the residential care home; and

any other matter the System Governor considers relevant.

the suspension is taken to be a suspension by the Commissioner under section 129 of the new Act; and

the period of suspension for the purposes of subsection 129(2) of the new Act is taken to end at the earlier of the following:

the end of the day (if any) specified under section 63N of the Commission Act as the day the suspension ends;

the end of the period of 90 days beginning at the transition time.

the name of the entity; and

the reasons for making the determination; and

the registration period, being 3 months or such longer period as is specified in the determination; and

the day on which the registration period starts; and

each provider registration category in which the entity is taken to be registered under paragraph 105(1)(a) of the new Act; and

if the entity is taken to be registered in the residential care category—each approved residential care home taken to be covered by the entity’s registration; and

the conditions to which the registration is subject under section 142 of the new Act; and

any other matter prescribed by the transitional rules.

the determination will ensure that the provision of certain types of care under the old Act, or services delivered under an agreement between an entity and the Commonwealth, may continue as funded aged care services under the new Act that correspond as nearly as possible to those types of care or services; and

any other requirements prescribed by the transitional rules are met.

the name of the registered provider; and

the name and address of the residential care home; and

the total number of beds to be covered by the approval; and

the reasons for making the determination; and

the day on which the approval period starts; and

any other matter prescribed by the transitional rules.

(a) the place or combination of places meets the definition of residential care home in section 10 of the new Act;

the registered provider and those places meet any other requirements prescribed by the transitional rules.

any request, made under subsection 63C(1) of the Commission Act for further information in relation to the application, and for which the period for giving the further information had not ended before the transition time, is taken to be a request made under subsection 588(1) of the new Act; and

the period within which any such further information is required to be given under subsection 588(2) of the new Act is taken to be the period referred to in paragraph (a) of this subitem; and

the period within which the decision on the application must be made under subsection 105(2) of the new Act is taken to be the period within which a decision was required to be made under subsection 63D(1) of the Commission Act.

an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

a non-compliance notice (within the meaning of the Commission Act) notifying the entity that the Commissioner is considering imposing a sanction revoking the approval of the entity as an approved provider (whether or not the notice also notifies the entity of other kinds of sanctions the Commissioner is considering imposing) was given to the entity before the transition time; and

the period for making submissions in relation to the notice had not expired before the transition time;

an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

a sanction revoking the approval of the entity as an approved provider was imposed on the entity under section 63N of the Commission Act before the transition time; and

the day specified for the purposes of paragraph 63N(5)(f) of the Commission Act in relation to the sanction is the day of the transition time or a later day;

an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

a non-compliance notice (within the meaning of the Commission Act) notifying the entity that the Commissioner is considering imposing a sanction suspending the approval of the entity as an approved provider (whether or not the notice also notifies the entity of other kinds of sanctions the Commissioner is considering imposing) was given to the entity before the transition time; and

the period for making submissions in relation to the notice had not expired before the transition time;

an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

because of subitem 5(13) of this Schedule, the registration of the entity as a registered provider is taken to have been suspended by the Commissioner under section 129 of the new Act; and

before the transition time, the entity made an application under subsection 63V(1) of the Commission Act for the lifting of the suspension sanction under section 63N of that Act; and

the Commissioner had not made a decision on the application before the transition time.

any request, made under subsection 63W(1) of the Commission Act for further information in relation to the application, and for which the period for giving the further information had not ended before the transition time, is taken to be a request made under subsection 588(1) of the new Act; and

the period within which any such further information is required to be given under subsection 588(2) of the new Act is taken to be the period referred to in paragraph (a) of this subitem; and

the period within which the decision must be reconsidered for the purposes of paragraph 560(5)(c) of the new Act is taken to be the period within which the decision whether to lift the sanction was required to be made under subsection 63X(1) of the Commission Act.

immediately before the transition time, a person or body was an approved provider within the meaning of the old Act; and

before the transition time, the person or body was required, by a provision of the old Act or an instrument made under that Act, to give a document (however described) or information to the Secretary in relation to a period that had ended before the transition time; and

the person or body had not complied with the requirement before the transition time.

immediately before the transition time, a person or body was an approved provider within the meaning of the old Act; and

before the transition time, the Secretary had given a written notice to the person or body under the old Act, or under an instrument made under that Act, requiring the person or body to give specified documents or information to the Secretary within a period that had not ended before the transition time; and

at the transition time, the person or body had not complied with the requirement.

the period for giving a notification in relation to the change had not ended; and

the required notification had not been given.

the period for giving a notification in relation to the event had not ended; and

the required notification had not been given.

the period for complying with the request had not ended; and

the request had not been complied with.

the period for complying with the notice had not ended; and

the notice had not been complied with.

an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

an agreement referred to in paragraph 63U(2)(a) of the Commission Act was given by the entity before the transition time; and

the agreement had not been complied with before the transition time.

an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

a notice was given to the entity under subsection 63U(2) of the Commission Act before the transition time; and

the entity had not given the agreement required by the notice before the transition time.

for a determination that relates to the responsibility set out in paragraph 63-1D(2)(a) of the old Act—the condition set out in paragraph 157(2)(a) of the new Act; and

for a determination that relates to the responsibility set out in paragraph 63-1D(2)(b) of the old Act—the condition set out in paragraph 157(2)(b) of the new Act.

the application was made before the transition time; and

no decision on the application had been made before the transition time.

an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

a sanction was imposed on the entity under section 63N of the Commission Act before the transition time; and

the sanction is of a kind mentioned in paragraph 63R(b) or (c) of the Commission Act; and

the sanction is in effect immediately before the transition time.

for a sanction of the kind mentioned in paragraph 63R(b) of the Commission Act—a condition restraining the registered provider from delivering funded aged care services other than through a service delivery branch, or approved residential care home, of the registered provider as at the transition time;

for a sanction of the kind mentioned in paragraph 63R(c) of the Commission Act—a condition that the registered provider is not eligible for subsidy in relation to the delivery of funded aged care services to an individual if payment of subsidies under the old Act in relation to the individual was prohibited by the sanction.

the ability of the Commissioner to impose any other condition on the registration of the registered provider under section 143 of the new Act; or

any other condition to which the registration of the registered provider is subject (whether because of the new Act or this Act).

an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

a non-compliance notice (within the meaning of the Commission Act) was given to the entity before the transition time; and

the period for making submissions in relation to the notice had not expired before the transition time; and

subitem 10(8) of this Schedule does not apply to the notice.

the notice was given before the transition time; and

the period referred to in the notice, in accordance with paragraph 10A-2(5)(b) of the old Act, for the making of submissions in relation to the notice had not expired before the transition time.

immediately before the transition time, a person or body was an approved provider within the meaning of the old Act; and

(b) before the transition time, the person or body was required by Accountability Principles 2014 to complete and return an aged care workforce census form to the Department by a date that is on or after the day the transition time occurs; andsection 46 of the

the person or body had not complied with the requirement before the transition time.

the amount is taken, after the transition time, to be a recoverable amount for the purposes of the new Act; and

the entity is a debtor in relation to the recoverable amount for the purposes of the new Act.

an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

a home care service is, because of subitem 5(8) of this Schedule, taken to be a service delivery branch of the registered provider.

(a) User Rights Principles 2014 applied to the Commonwealth portion of a care recipient’s unspent home care amount; andsection 21F or section 21JB of the

the time at which the Commonwealth portion becomes due and payable to the Commonwealth had not occurred; and

the Commonwealth portion had not been paid to the Commonwealth.

(a) the Commonwealth portion is taken to be a recoverable amount under section 514 of the new Act; and

(b) the registered provider is taken to be a debtor under section 514 of the new Act in relation to the recoverable amount.

subitem (2) of this item applies in relation to the Commonwealth portion; and

the person who was, immediately before the transition time, the approved provider in relation to the Commonwealth portion is not, at the transition time, taken to be a registered provider because of subitem 5(1) of this Schedule.

immediately before the transition time, the individual was a care recipient with an unspent home care amount; and

(b) at a time (the post-transition time) after the transition time:

(i) a person (whether or not a registered provider) pays the Commonwealth portion of the care recipient’s unspent home care amount to the Commonwealth in accordance with User Rights Principles 2014 (as that section continues to apply because of subitem (2) of this item); orsection 21F or 21JB of the

the Commonwealth recovers the Commonwealth portion of the care recipient’s unspent home care amount (whether under Part 13 of Chapter 6 of the new Act or under Division 95 of the old Act as that Division continues to apply because of subitem (4) of this item); and

at the post-transition time, the individual has a home care account in accordance with section 226E of the new Act.

(a) User Rights Principles 2014 applied to the care recipient portion of a care recipient’s unspent home care amount; andsection 21F of the

the period within which the care recipient portion must be paid in accordance with that section had not ended; and

the care recipient portion had not been paid in accordance with that section.

the amount is taken, after the transition time, to be a recoverable amount for the purposes of the new Act; and

the entity is a debtor in relation to the recoverable amount for the purposes of the new Act.

an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

because of subitem 5(7) of this Schedule, a place through which a residential care service is provided is taken to be an approved residential care home in relation to the entity.

the amount is taken, after the transition time, to be a recoverable amount for the purposes of the new Act; and

the entity is a debtor in relation to the recoverable amount for the purposes of the new Act.

the transition time occurs after the end of a reporting period for the Commission under the old Act; and

(b) the annual report referred to in Public Governance, Performance and Accountability Act 2013 for that reporting period had not been prepared before that time.section 46 of the

the Commissioner under the Commission Act is required, by written notice given by the Minister under section 58 of that Act, to give the Minister, within a period that ends after the transition time:

a report about a specified matter relating to the performance of the Commissioner’s functions; or

a document setting out specified information relating to the performance of the Commissioner’s functions; and

the report or document had not been given to the Minister before that time.

(a) at a time (the initial time) before the transition time, a thing was done by, or in relation to, the Commission under the Commission Act; and

immediately after the transition time, the new Act provides for that thing to be done by, or in relation to, the Commission under the new Act.

(a) at a time (the initial time) before the transition time, a thing was done by, or in relation to, the Commissioner under the Commission Act; and

immediately after the transition time, the new Act provides for that thing to be done by, or in relation to, the Commissioner under the new Act.

on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions on which the person held office as the Commissioner under the Commission Act; and

for the remainder of the period for which the person was appointed as the Commissioner under the Commission Act.

on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions on which the person was appointed as the acting Commissioner under the Commission Act; and

for the remainder of the period for which the person was appointed as the acting Commissioner under the Commission Act.

on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions on which the person held office as the Chair under the Commission Act; and

for the remainder of the period for which the person held office as the Chair under the Commission Act.

on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions on which the person held office as a member of the Advisory Council under the Commission Act; and

for the remainder of the period for which the person held office as a member of the Advisory Council under the Commission Act.

on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions on which the person was appointed to act as the Chair under the Commission Act; and

for the remainder of the period for which the person was appointed to act as the Chair under the Commission Act.

on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions on which the person was appointed to act as an Advisory Council member of the Advisory Council under the Commission Act; and

for the remainder of the period for which the person was appointed to act as an Advisory Council member of the Advisory Council under the Commission Act.

the following provisions were mentioned in subsection 397(1) of that Act:

sections 25-3, 27-3 and 27-5 of the old Act;

Chapter 4 of the old Act;

subsections 74AC(1) and 74AD(1) of the Commission Act; and

the following information were mentioned in subsection 397(2) of the new Act:

information given in compliance, or purported compliance, with a provision of Chapter 3 of the old Act or Chapter 3 of the old Transitional Provisions Act;

information given in compliance or purported compliance with a provision of Chapter 4 of the old Act; and

for the purposes of the Commissioner or Complaints Commissioner; andsection 399 and paragraph 410(3)(a) of the new Act—the provisions mentioned in subparagraph (a)(ii) and (iii), and the information mentioned in subparagraph (b)(ii), of this subitem related to a function of

for the purposes of section 400 and paragraph 411(2)(a) of the new Act—the provisions mentioned in subparagraph (a)(i), and the information mentioned in subparagraph (b)(i), of this subitem related to a function of the System Governor.

the following provisions were mentioned in section 412 of that Act:

an offence provision of the old Act or the Commission Act;

(ii) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to the old Act or the Commission Act;

a civil penalty provision of the old Act (other than a civil penalty provision in Division 54 of that Act);

a civil penalty provision of the Commission Act or in Division 54 of the old Act; and

for the purposes of the Commissioner or Complaints Commissioner; andsection 414 and paragraph 425(3)(a) of the new Act—the provisions mentioned in subparagraphs (a)(i), (ii) and (iv) of this subitem related to a function of

for the purposes of section 415 and paragraph 426(2)(a) of the new Act—the provisions mentioned in subparagraph (a)(iii) of this subitem related to a function of the System Governor.

a notice was given to a person under subsection 93-1(2) of the old Act before the transition time; and

the notice required the person to attend before an authorised officer to do a thing at a time that is after the transition time.

subsection 93-1(2) of that Act authorised the Secretary to require the person to attend before an authorised System Governor officer; and

the authorised officer specified in the notice were an authorised System Governor officer.

a notice was given to a person under subsection 74F(1) or 74FA(2) of the Commission Act before the transition time; and

the notice required the person to attend before an authorised officer to do a thing at a time that is after the transition time.

subsections 74F(1) and 74FA(2) of that Act authorised the Commissioner to require the person to attend before an authorised Commission officer; and

the authorised officer specified in the notice were an authorised Commission officer.

a notice was given to a person under subsection 74GA(1) of the Commission Act before the transition time; and

the notice required the person to give the Commissioner information or produce to the Commissioner documents or copies of documents, within a time that ends after the transition time; and

the notice was not complied with before the transition time.

subsection 74GA(1) of that Act authorised the Commissioner to require the person to give the information, or to produce the documents or copies, to the Commissioner (within the meaning of the new Act); and

the references in subsections 74GA(2), (3) and (4) of that Act to the Commissioner were references to the Commissioner (within the meaning of the new Act).

an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

a compliance notice (within the meaning of the Commission Act) was given to the entity before the transition time; and

the notice had not been complied with before the transition time.

if the banning order was made against an individual who is or was a governing person—the order is taken to have been made against the individual as a responsible person; and

if the banning order related to the individual’s involvement in the provision of any type of aged care—the order is taken to relate to the individual’s involvement in the delivery of funded aged care services generally; and

if the banning order related to the individual’s involvement in the provision of a specified type of aged care—the order is taken to relate to the delivery of funded aged care services of the specified service type or specified types that the Commissioner considers correspond as nearly as possible to the specified type of aged care to which the order related before the transition time.

if the banning order was made for a specified period—to remain in force for that period; and

if the banning order was made subject to specified conditions—to be subject to the same conditions.

each reference in that section to a banning order included a reference to an expired banning order; and

paragraph (2)(a) of that section included a reference to revocation under section 74GG of the Commission Act; and

paragraph (2)(b) of that section included a reference to reconsideration under Part 8B of the Commission Act.

the notice was given before the transition time; and

the period referred to in paragraph 74GE(3)(b) of the Commission Act for the making of submissions in relation to the notice had not expired before the transition time.

to be a notice given to the individual in accordance with section 499 of the new Act; and

to invite, for the purposes of paragraph 499(3)(b) of the new Act, the making of submissions by the end of the same period as the period referred to in paragraph (1)(b) of this item.

the application was made before the transition time; and

no decision on the application had been made before the transition time.

to be a notice given in accordance with subsection 505(4) of the new Act; and

if the period specified in the notice in accordance with paragraph 74GG(4)(b) or 74GH(4)(b) of the Commission Act for the making of submissions in relation to the notice had not expired before the transition time—to invite, for the purposes of paragraph 505(4)(b) of the new Act, the making of submissions by the end of that period.

an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

a sanction was imposed on the entity under section 63N of the Commission Act before the transition time; and

the sanction was of a kind mentioned in paragraph 63R(k), (m), or (o) of the Commission Act; and

the sanction was in effect immediately before the transition time; and

the sanction had not been complied with before the transition time.

an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

the entity gave, before the transition time, an undertaking as required by a notice given to the entity under section 63T of the Commission Act; and

the undertaking had not been complied with before the transition time.

an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and

before the transition time, the Commissioner gave:

the entity; or

an individual who is or was an aged care worker or a governing person of the entity;

the requirement had not been complied with before the transition time.

protected information within the meaning of the old Act; or

protected information within the meaning of the Commission Act; or

(c) information that was obtained or generated before the transition time for the purposes of the aged care programs under any of the following items in the Financial Framework (Supplementary Powers) Regulations 1997:

Item 415.018 – Schedule 1AA – Residential and flexible care;

Item 163 – Schedule 1AB – Commonwealth Home Support Programme.

section 86-3, 86-4 or 86-4A of the old Act;

section 61 of the Commission Act.

a decision was made under the old law; and

the old law required notice of the decision to be given to a person; and

the notice was not given before the transition time.

a decision was made under the old law; and

the old law required notice of review or appeal rights in relation to the decision to be given to a person; and

the notice was not given before the transition time.

a decision was made under the old law; and

the old law required reasons for the decision to be given to a person; and

the reasons were not given before the transition time.

a reviewable decision made before the transition time;

a decision of the Secretary or the Pricing Authority (whether made before or after the transition time) under section 85-4 or 85-5 of the old Act following a reconsideration of a reviewable decision made before the transition time.

a reviewable decision made before the transition time;

a decision of the Secretary (whether made before or after the transition time) under section 85-4 or 85-5 of the old Transitional Provisions Act following a reconsideration of a reviewable decision made before the transition time.

a reviewable decision made before the transition time;

a reconsideration decision of an internal decision reviewer (whether made before or after the transition time) under section 74L or 74M of the Commission Act following a reconsideration of a reviewable decision made before the transition time.

a reviewable Commissioner decision made before the transition time;

a reconsideration decision of an internal reviewer (whether made before or after the transition time) following a reconsideration of a reviewable Commissioner decision made before the transition time.

a reconsideration of the reviewable decision under any of the following, as continued in operation by item 58 of this Schedule:

Part 6.1 of the old Act;

Part 6.1 of the old Transitional Provisions Act;

Part 8B of the Commission Act;

Part 7 of the Commission Rules; or

(b) a review of the reviewable decision under the Administrative Review Tribunal Act 2024.

provides for matters relating to the application of the old law, the new Act, or both the old law and the new Act, to an entity or an individual affected by the reconsidered decision, being matters that the System Governor is satisfied are necessary or convenient having regard to the reconsidered decision;

specifies that a state of affairs specified in the determination is taken to exist before, on or after the transition time in respect of an entity or an individual affected by the reconsidered decision, being a state of affairs that the System Governor is satisfied would have existed if the reconsidered decision had been in force at a specified time before the transition time;

provides for or in relation to any other matters that the System Governor is satisfied are necessary or convenient to give effect to the reconsidered decision.

specify that the entity is taken to have become a registered provider at a specified time that is on or after the transition time;

provide for or in relation to any of the matters set out in Part 3 of Schedule 2 to this Act with respect to the registered provider including, but not limited to, the following:

the registration period of the registered provider;

the provider registration categories in which the registered provider is taken to be, registered;

the approved residential care homes covered by the registration;

provide for or in relation to any other matters that the System governor is satisfied are necessary or convenient to give effect to the reconsidered decision.

specify that the individual requires access to funded aged care services at a specified time that is on or after the transition time;

provide for or in relation to any of the matters set out in Part 2 of this Schedule in relation to the individual including, but not limited to, in relation to the following:

matters of a kind mentioned in item 2 or 3 of this Schedule (which deal with access approvals);

matters of a kind mentioned in item 4 of this Schedule (which deals with classification levels, priority category and place allocation decisions);

provide for or in relation to any other matters that the System Governor is satisfied are necessary or convenient to give effect to the reconsidered decision.

the transition time occurs after the end of a financial year; and

the annual report referred to in section 63-2 of the old Act for that financial year had not been laid before each House of the Parliament before that time.

required or permitted by this Act to be prescribed by the rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

the amendments or repeals made by this Act; or

the enactment of the new Act.

(a) the rules are expressed to take effect from a date before the rules are registered under the Legislation Act 2003; and

a person engaged in conduct before the registration date; and

but for the retrospective effect of the rules, the conduct would not have contravened a provision of an Act;

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;

directly amend the text of this Act or the new Act.

(a) the Aged Care Act 1997;

(b) the Aged Care Quality and Safety Commission Act 2018;

(c) the Aged Care (Transitional Provisions) Act 1997;

an instrument made under any of those Acts.

whether the performance of the function or duty, the exercise of the power or the doing of the thing is under, for the purposes of or in connection with the old law or the new law; and

whether the performance of the function or duty, the exercise of the power or the doing of the thing is before, on or after the transition time.

in preparation for the performance of a function or duty, the exercise of a power or the doing of a thing under, for the purposes of or in connection with the new law; or

under, for the purposes of, or in connection with:

a savings, transitional or application provision (however described); or

(iii) the application of the Acts Interpretation Act in relation to the interaction between the old law and the new law.

protected information within the meaning of any of the following:

(i) the Aged Care Act 1997;

(ii) the Aged Care Quality and Safety Commission Act 2018;

(iii) the Social Security Act 1991;

(iv) the Social Security (Administration) Act 1999;

(b) information that was obtained or generated before the transition time for the purposes of the aged care programs under any of the following items in the Financial Framework (Supplementary Powers) Regulations 1997:

Item 415.018 – Schedule 1AA – Residential and flexible care;

Item 163 – Schedule 1AB – Commonwealth Home Support Programme.

performing a function or duty, exercising a power or doing a thing for a transitional purpose; or

assisting another person to perform a function or duty, exercise a power or do a thing for a transitional purpose.

(a) beginning on the day the Aged Care Act 2024 received the Royal Assent; and

ending at the transition time.

give the System Governor any information; or

produce to the System Governor any documents (or copies of documents);

the person is required to give information, or produce documents or copies of documents, in accordance with a notice given to the person under subitem 5(1); and

the person fails to comply with the requirement.

the person is required to give information, or produce documents or copies of documents, in accordance with a notice given to the person under subitem 5(1); and

the person fails to comply with the requirement.

this Act; or

legislative instruments made under this Act.

making, or refusing or failing to make, a decision under a provision mentioned in subitem (3);

exercising, or refusing or failing to exercise, a power under a provision mentioned in subitem (3);

performing, or refusing or failing to perform, a function or duty under a provision mentioned in subitem (3);

doing, or refusing or failing to do, anything (including giving a notice) related to making a decision, exercising a power or performing a function or duty under a provision mentioned in subitem (3).

a provision of this Act prescribed by rules made under subitem (11);

a provision of a legislative instrument made under this Act prescribed by rules made under subitem (11).

if the System Governor specifies the day on which the substituted action takes effect (which may be earlier than the day the substituted action is taken)—that specified day; or

otherwise—the day of the administrative action taken by the operation of the computer program.

required or permitted by this Schedule to be prescribed by the rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.

this Act; or

a legislative instrument made under this Act.

to the effect that the System Governor has made such an arrangement; and

setting out those particular provisions.

the total number of substituted actions taken by the System Governor under subitem 2(5) of this Schedule in that period;

the kinds of substituted actions so taken;

the kinds of administrative action taken by the operation of the computer program that the System Governor was satisfied were not correct.

words in a provision; or

part of a provision; or

a whole provision; or

a series or group of provisions.

(a) the Aged Care Act 1997;

(b) the Aged Care Quality and Safety Commission Act 2018;

(c) the Aged Care (Transitional Provisions) Act 1997;

an instrument made under any of those Acts.

modifying the operation of the provisions of the new Act, this Act (other than this Schedule) or any other Act or instrument; or

saving (with or without modifications) specified provisions of the old law.

generally; or

in relation to a specified person or class of persons.

at the end of the period of 12 months beginning on the day after the rules are made; or

if the rules specify an earlier time—at the specified earlier time.

(a) rules made under subitem (1) are expressed to take effect from a date before the rules are registered under the Legislation Act 2003; and

a person engaged in conduct before the registration date; and

but for the retrospective effect of the rules, the conduct would not have contravened a provision of an Act;

section 602 of the new Act;

anything in this Act.

begin a review of any rules made under subitem (1) within 3 months after the day the rules are tabled in the Senate; and

report the Committee’s findings to the Senate as soon as practicable after completing each review.