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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Aged Care Quality Agency
(Transitional Provisions) Bill 2013
No. , 2013
(Health and Ageing)
A Bill for an Act to deal with transitional matters in
connection with the Australian Aged Care Quality
Agency Act 2013, and for related purposes
i Australian Aged Care Quality Agency (Transitional Provisions) Bill 2013 No. , 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Transitional provisions
3
Part 1--Preliminary
3
Part 2--Transfer of assets and liabilities
5
Division 1--Transfer from ACSAA Limited to the Commonwealth
5
Division 2--Instruments, legal proceedings and records
5
Division 3--General provisions
6
Division 4--Applications and requests for reconsideration
8
Part 3--Books, reports, returns etc.
10
Part 4--Office holders and staff
11
Part 5--Other transitional matters
13
Australian Aged Care Quality Agency (Transitional Provisions) Bill 2013 No. , 2013 1
A Bill for an Act to deal with transitional matters in
1
connection with the Australian Aged Care Quality
2
Agency Act 2013, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Australian Aged Care Quality Agency
6
(Transitional Provisions) Act 2013.
7
2 Commencement
8
This Act commences at the same time as the Australian Aged Care
9
Quality Agency Act 2013 commences.
10
2 Australian Aged Care Quality Agency (Transitional Provisions) Bill 2013 No. ,
2013
3 Schedule(s)
1
Every item in a Schedule to this Act has effect according to its
2
terms.
3
Transitional provisions Schedule 1
Preliminary Part 1
Australian Aged Care Quality Agency (Transitional Provisions) Bill 2013 No. , 2013
3
Schedule 1
--
Transitional provisions
1
Part 1
--
Preliminary
2
1 Definitions
3
In this Schedule:
4
accreditation body has the same meaning as in the old Act.
5
Accreditation Grant Principles means the Accreditation Grant
6
Principles made under section 96-1 of the old Act.
7
ACSAA Limited means Aged Care Standards and Accreditation Agency
8
Limited (ACN 079 618 652).
9
asset means:
10
(a) any legal or equitable estate or interest in real or personal
11
property, whether actual, contingent or prospective; and
12
(b) any right, power, privilege or immunity, whether actual,
13
contingent or prospective.
14
assets official, in relation to an asset other than land, means the person
15
or authority who, under a law of the Commonwealth, a State or a
16
Territory, under a trust instrument or otherwise, has responsibility for
17
keeping a register in relation to assets of the kind concerned.
18
CEO of the Quality Agency means the Chief Executive Officer of the
19
Quality Agency appointed under the Quality Agency Act.
20
commencement day means the day on which the Quality Agency Act
21
commences.
22
exempt matter: see item 8.
23
instrument:
24
(a) includes:
25
(i) an agreement or undertaking; and
26
(ii) a notice, authority, order or instruction; and
27
(iii) an instrument made under an Act or regulations; but
28
(b) does not include:
29
(i) an Act; or
30
(ii) instruments made under this Act.
31
land means any legal or equitable estate or interest in real property,
32
whether actual, contingent or prospective.
33
Schedule 1 Transitional provisions
Part 1 Preliminary
4 Australian Aged Care Quality Agency (Transitional Provisions) Bill 2013 No. ,
2013
land registration official, in relation to land, means the Registrar of
1
Titles or other proper officer of the State or Territory in which the land
2
is situated.
3
liability means any liability, duty or obligation, whether actual,
4
contingent or prospective.
5
old Act means the Aged Care Act 1997 as in force immediately before
6
the commencement day.
7
Quality Agency means the Australian Aged Care Quality Agency
8
established by section 7 of the Quality Agency Act.
9
Quality Agency Act means the Australian Aged Care Quality Agency
10
Act 2013.
11
Quality Agency Principles means the Quality Agency Principles made
12
under section 53 of the Quality Agency Act.
13
residential care service has the same meaning as in the old Act.
14
Transitional provisions Schedule 1
Transfer of assets and liabilities Part 2
Australian Aged Care Quality Agency (Transitional Provisions) Bill 2013 No. , 2013
5
Part 2
--
Transfer of assets and liabilities
1
Division 1
--
Transfer from ACSAA Limited to the
2
Commonwealth
3
2 ACSAA Limited assets and liabilities
4
On the commencement day, the assets and liabilities of ACSAA
5
Limited cease to be assets and liabilities of ACSAA Limited and
6
become assets and liabilities of the Commonwealth, without any
7
conveyance, transfer or assignment. The Commonwealth becomes the
8
successor in law in relation to those assets and liabilities.
9
Division 2
--
Instruments, legal proceedings and records
10
3 References in instruments to ACSAA Limited
11
(1)
This item applies to an instrument that:
12
(a) is in force immediately before the commencement day; and
13
(b) contains a reference to ACSAA Limited.
14
(2)
If the instrument relates to an asset or liability that, as a result of the
15
operation of item 2, becomes an asset or liability of the Commonwealth,
16
then the reference to ACSAA Limited has effect, at and after the
17
commencement day, as if it were a reference to the Commonwealth.
18
(3)
This item does not, by implication, prevent the instrument from being
19
varied or terminated after the commencement day.
20
4 Legal proceedings of ACSAA Limited
21
(1)
This item applies to any proceedings:
22
(a) that were pending in any court or tribunal immediately before
23
the commencement day; and
24
(b) to which ACSAA Limited was a party.
25
(2)
On and after the commencement day, the Commonwealth is substituted
26
for ACSAA Limited as a party to the proceedings.
27
Schedule 1 Transitional provisions
Part 2 Transfer of assets and liabilities
6 Australian Aged Care Quality Agency (Transitional Provisions) Bill 2013 No. ,
2013
5 Transfer of custody of records or documents of ACSAA
1
Limited
2
(1)
This item applies to a record or document that, immediately before the
3
commencement day, was in the custody of ACSAA Limited.
4
(2)
If the record or document relates to an asset or liability that, as a result
5
of the operation of item 2, becomes an asset or liability of the
6
Commonwealth, then, after the commencement day, the record or
7
document is to be transferred into the custody of the Commonwealth.
8
Division 3
--
General provisions
9
6 Certificates relating to vesting of land
10
(1)
This item applies if:
11
(a) any land vests in the Commonwealth under this Part; and
12
(b) there is lodged with a land registration official a certificate
13
that:
14
(i) is signed by the Minister; and
15
(ii) identifies the land, whether by reference to a map or
16
otherwise; and
17
(iii) states that the land has become vested in the
18
Commonwealth under this Part.
19
(2)
The land registration official may:
20
(a) register the matter in a way that is the same as, or similar to,
21
the way in which dealings in land of that kind are registered;
22
and
23
(b) deal with, and give effect to, the certificate.
24
(3)
A certificate made under subitem (1) is not a legislative instrument.
25
7 Certificates for vesting of assets other than land
26
(1)
This item applies if:
27
(a) an asset other than land vests in the Commonwealth under
28
this Part; and
29
(b) there is lodged with an assets official a certificate that:
30
(i) is signed by the Minister; and
31
(ii) identifies the asset; and
32
Transitional provisions Schedule 1
Transfer of assets and liabilities Part 2
Australian Aged Care Quality Agency (Transitional Provisions) Bill 2013 No. , 2013
7
(iii) states that the asset has become vested in the
1
Commonwealth under this Part.
2
(2)
The assets official may:
3
(a) deal with, and give effect to, the certificate as if it were a
4
proper and appropriate instrument for transactions in relation
5
to assets of that kind; and
6
(b) make such entries in the register in relation to assets of that
7
kind as are necessary, having regard to the effect of this Part.
8
(3)
A certificate made under subitem (1) is not a legislative instrument.
9
8 Exemption from stamp duty and other State or Territory
10
taxes
11
(1)
No stamp duty or other tax is payable under a law of a State or a
12
Territory in respect of an exempt matter, or anything connected with an
13
exempt matter.
14
(2)
An exempt matter is:
15
(a) the vesting of an asset or liability under this Part; or
16
(b) the operation of this Act (including regulations made for the
17
purpose of this Schedule) in any other respect.
18
(3)
The Minister may certify in writing:
19
(a) that a specified matter is an exempt matter; or
20
(b) that a specified thing was connected with a specified exempt
21
matter.
22
(4)
A certificate made under subitem (3) is not a legislative instrument.
23
9 Certificates taken to be authentic
24
A document that appears to be a certificate made or issued under item 6,
25
7 or 8:
26
(a) is taken to be such a certificate; and
27
(b) is taken to have been properly given;
28
unless the contrary is established.
29
Schedule 1 Transitional provisions
Part 2 Transfer of assets and liabilities
8 Australian Aged Care Quality Agency (Transitional Provisions) Bill 2013 No. ,
2013
Division 4
--
Applications and requests for
1
reconsideration
2
10 Dealing with undecided applications and requests for
3
reconsideration
4
Applications for accreditation and re-accreditation
5
(1)
If:
6
(a) before the commencement day, an approved provider of a
7
residential care service had, in accordance with Part 2 of the
8
Accreditation Grant Principles, applied to the accreditation
9
body for accreditation or re-accreditation of the service; and
10
(b) as at the commencement day, the application had not been
11
decided;
12
the application is taken, for the purposes of the Quality Agency Act, to
13
be an application made to the Quality Agency by the approved provider,
14
on the commencement day, under the Quality Agency Principles.
15
Applications to be registered as quality assessor
16
(2)
If:
17
(a) before the commencement day, a person had, in accordance
18
with Part 12 of the Accreditation Grant Principles, applied to
19
be registered as a quality assessor or applied to be registered
20
for a further period; and
21
(b) as at the commencement day, the application had not been
22
decided;
23
the application is taken, for the purposes of the Quality Agency Act, to
24
be an application made by the person, on the commencement day, under
25
the Quality Agency Principles to be registered as a quality assessor or to
26
be registered for a further period.
27
Requests for reconsideration of decisions
28
(3)
If:
29
(a) before the commencement day, a person had, in accordance
30
with Part 9 of the Accreditation Grant Principles, requested
31
the accreditation body to reconsider a decision covered by
32
that Part; and
33
Transitional provisions Schedule 1
Transfer of assets and liabilities Part 2
Australian Aged Care Quality Agency (Transitional Provisions) Bill 2013 No. , 2013
9
(b) as at the commencement day, the accreditation body had not
1
reconsidered the decision as requested;
2
the request is taken, for the purposes of the Quality Agency Act, to be a
3
request made by the person to the Quality Agency for reconsideration of
4
the decision, on the commencement day, under the Quality Agency
5
Principles.
6
Reconsideration and review where no request made
7
(4)
If:
8
(a) before the commencement day, the accreditation body had
9
made a decision covered by column 2 of the table in
10
section 2.67 of the Accreditation Grant Principles that could
11
have been reconsidered and reviewed under Part 9 of those
12
Principles; and
13
(b) as at the commencement day, a person specified in column 3
14
of that table in relation to the decision could have properly
15
requested the accreditation body to reconsider the decision
16
but had not done so; and
17
(c) as at the commencement day, the period specified in
18
section 2.68 of those Principles for requesting the
19
reconsideration had not expired;
20
then on and after the commencement day, the Quality Agency
21
Principles apply to the decision as if it were a decision made by the
22
CEO of the Quality Agency on the commencement day that may be
23
reconsidered and reviewed under those Principles.
24
Schedule 1 Transitional provisions
Part 3 Books, reports, returns etc.
10 Australian Aged Care Quality Agency (Transitional Provisions) Bill 2013 No. ,
2013
Part 3
--
Books, reports, returns etc.
1
11 Direc
tor's obligations--ACSAA Limited's books
2
Subsection 601AD(5) of the Corporations Act 2001 has effect in
3
relation to ACSAA Limited's books (within the meaning of that Act),
4
after the commencement day, as if the reference in that subsection to the
5
directors of the company immediately before deregistration were a
6
reference to the Commonwealth.
7
12 Reports, returns etc. of ACSAA Limited
8
(1)
This item applies to a report, return or other document if, at a time (the
9
relevant time) that is on, or is after, the commencement day:
10
(a) ACSAA Limited is required, by or under a law of the
11
Commonwealth, to prepare or lodge the report, return or
12
document; or
13
(b) any of the following persons is required, by or under a law of
14
the Commonwealth, to prepare or lodge the report, return or
15
document in relation to ACSAA Limited:
16
(i) a director or former director of ACSAA Limited;
17
(ii) any other officer or member of the staff, or former
18
officer or member of the staff, of ACSAA Limited.
19
(2)
The CEO of the Quality Agency is instead required, at the relevant time,
20
to prepare or lodge the report, return or document.
21
(3)
The Secretary must provide reasonable assistance to the CEO of the
22
Quality Agency for the purpose of preparing the report, return or
23
document. This may, for example, include allowing the CEO of the
24
Quality Agency appropriate access to records, documents or
25
information relating to the activities of ACSAA Limited.
26
Transitional provisions Schedule 1
Office holders and staff Part 4
Australian Aged Care Quality Agency (Transitional Provisions) Bill 2013 No. , 2013
11
Part 4
--
Office holders and staff
1
13 Termination of office holders of ACSAA Limited
2
(1)
Before the commencement day, the Minister may, in writing:
3
(a) terminate the appointment of any director of ACSAA
4
Limited; and
5
(b) terminate any agreement or other instrument relating to that
6
appointment; and
7
(c) make provision in relation to a termination under
8
paragraph (a) or (b).
9
(2)
An instrument made under subitem (1) has effect accordingly, and takes
10
effect immediately before the commencement day.
11
(3)
An instrument made under subitem (1) is not a legislative instrument.
12
14 No transfer of appointment, engagement or employment
13
of ACSAA Limited office holders or staff
14
(1)
Nothing in this Schedule produces the result that the appointment,
15
engagement or employment of an ACSAA Limited officer has effect as
16
if it were an appointment, engagement or employment of the person in
17
relation to the Commonwealth.
18
Note:
Determinations under section 72 of the Public Service Act 1999 may provide for
19
employees of ACSAA Limited to become engaged as APS employees in a specified
20
Agency.
21
(2)
The following are ACSAA Limited officers:
22
(a) directors of ACSAA Limited;
23
(b) employees of ACSAA Limited.
24
(3)
To avoid doubt, if a person ceases to be an employee of ACSAA
25
Limited (and becomes an APS employee) because of a determination
26
under section 72 of the Public Service Act 1999, the person is not
27
entitled to receive any payment or other benefit merely because he or
28
she ceased to be an employee of ACSAA Limited.
29
Schedule 1 Transitional provisions
Part 4 Office holders and staff
12 Australian Aged Care Quality Agency (Transitional Provisions) Bill 2013 No. ,
2013
15 Accrued entitlements etc. of ACSAA Limited employees
1
who become APS employees
2
Persons to whom this item applies
3
(1)
This item applies to a person if:
4
(a) immediately before the commencement day, the person was
5
an employee of ACSAA Limited; and
6
(b) because of a determination under section 72 of the Public
7
Service Act 1999, the person becomes an APS employee on
8
the commencement day.
9
Preservation of accrued entitlements
10
(2)
The person is taken to have accrued an entitlement to benefits, in
11
connection with becoming an APS employee, that is equivalent to the
12
entitlement that the person had as an employee of ACSAA Limited
13
immediately before the commencement day.
14
Continuity of service
15
(3)
The service of the person as an APS employee is taken, for all purposes,
16
to be continuous with his or her service as an employee of ACSAA
17
Limited.
18
Long service leave
19
(4)
For the purposes of the Long Service Leave (Commonwealth
20
Employees) Act 1976, the person's service before the commencement
21
day as an employee of ACSAA Limited is to be treated, at and after that
22
time, as if it had been service by the person as an APS employee.
23
Maternity leave
24
(5)
For the purposes of the Maternity Leave (Commonwealth Employees)
25
Act 1973, the person's service before the commencement day as an
26
employee of ACSAA Limited is to be treated, at and after that time, as
27
if it had been service by the person as an APS employee.
28
Transitional provisions Schedule 1
Other transitional matters Part 5
Australian Aged Care Quality Agency (Transitional Provisions) Bill 2013 No. , 2013
13
Part 5
--
Other transitional matters
1
16 Compensation for acquisition of property
2
(1)
If the operation of this Schedule would result in an acquisition of
3
property from a person otherwise than on just terms, the
4
Commonwealth is liable to pay a reasonable amount of compensation to
5
the person.
6
(2)
If the Commonwealth and the person do not agree on the amount of the
7
compensation, the person may institute proceedings in a court of
8
competent jurisdiction for the recovery from the Commonwealth of
9
such reasonable amount of compensation as the court determines.
10
(3)
In this item:
11
acquisition of property has the same meaning as in paragraph 51(xxxi)
12
of the Constitution.
13
just terms has the same meaning as in paragraph 51(xxxi) of the
14
Constitution.
15
17 Delegation by Minister
16
(1)
Subject to subitem (2), the Minister may, in writing, delegate all or any
17
of his or her powers and functions under this Schedule to:
18
(a) the Secretary of the Department; or
19
(b) an SES employee, or acting SES employee, in the
20
Department.
21
(2)
The Minister cannot delegate his or her powers and functions under
22
subitem 13(1).
23
(3)
In exercising powers or functions under a delegation, the delegate must
24
comply with any directions of the Minister.
25
18 Regulations
26
(1)
The Governor-General may make regulations prescribing matters:
27
(a) required or permitted by this Schedule to be prescribed; or
28
(b) necessary or convenient to be prescribed for carrying out or
29
giving effect to this Schedule.
30
Schedule 1 Transitional provisions
Part 5 Other transitional matters
14 Australian Aged Care Quality Agency (Transitional Provisions) Bill 2013 No. ,
2013
(2)
The regulations may prescribe matters of a transitional nature (including
1
prescribing any saving or application provisions) relating to the
2
enactment of this Act or the Australian Aged Care Quality Agency Act
3
2013.
4
(3)
The regulations may provide that provisions of this Schedule are taken
5
to be modified as set out in the regulations. Those provisions then have
6
effect as if they were so modified.
7
(4)
Subitems (2) and (3) do not limit subitem (1).
8
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