Aged Care (Consequential and Transitional Provisions) Act 2024

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

Subsection (2) applies if, after the commencement of the Aged Care Act 2024, another Act refers to any of the following:

the Aged Care Act 1997;

a provision of that Act;

the Aged Care Quality and Safety Commission Act 2018;

a provision of that Act;

the Aged Care (Transitional Provisions) Act 1997;

a provision of that Act.

The reference is taken, after that commencement, to be a reference to the following (as the case requires):

the Aged Care Act 2024;

an equivalent, or nearly equivalent, provision of that Act.

Subsection (2) is subject to a contrary intention.

Subsection (5) applies if, after the commencement of the Aged Care Act 2024, another Act refers to:

Principles made under section 96‑1 of the Aged Care Act 1997; or

a provision of those Principles.

The reference is taken, after that commencement, to be a reference to the following (as the case requires):

the rules within the meaning of the Aged Care Act 2024;

an equivalent, or nearly equivalent, provision of those rules.

Subsection (5) is subject to a contrary intention.

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.

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 section 152 of the Aged Care Act 2024; or

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

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;

The NDIS worker screening database may also include the following information:

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

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;

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;

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.

This section applies if an aged care clearance decision is in force, under an aged care worker screening law, in respect of a person in working, or seeking to work, with individuals accessing funded aged care services.

The aged care clearance decision in respect of the person is taken, for the purposes of this Act (other than this Chapter), to be an NDIS clearance decision in force, under an NDIS worker screening law, in respect of the person in working, or seeking to work, with people with disability.