Aged Care Act 2024

The Minister may, by legislative instrument, give written directions to the Complaints Commissioner about the performance of the Complaints Commissioner’s functions.

Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

A direction given by the Minister under subsection (1):

must be of a general nature only; and

must not relate to a particular registered provider or individual accessing, or seeking to access, funded aged care services.

The Complaints Commissioner must comply with a direction under subsection (1).

Subsection (3) does not apply to the extent that the direction relates to the Complaints Commissioner’s performance of functions or exercise of powers under the following Acts in relation to the Commission:

the Public Service Act 1999;

the Public Governance, Performance and Accountability Act 2013.