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senate vote 2019-12-05#2
Edited by
mackay staff
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2020-01-17 10:13:44
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Title
Bills — Aged Care Legislation Amendment (New Commissioner Functions) Bill 2019; in Committee- Aged Care Legislation Amendment (New Commissioner Functions) Bill 2019 - in Committee - Transparency obligations
Description
<p class="speaker">Stirling Griff</p><p>I move amendment (1) on sheet 8804, revised:</p><p class="italic">(1) Page 82 (after line 21), after Schedule 3, insert:</p>- The same number of senators voted for and against an [amendment](https://www.openaustralia.org.au/senate/?gid=2019-12-05.49.1) introduced by South Australian Senator [Stirling Griff](https://theyvoteforyou.org.au/people/senate/sa/stirling_griff) (Centre Alliance), which means it failed.
- ### Amendment text
- > *(1) Page 82 (after line 21), after Schedule 3, insert:*
- >
- > *Schedule 3A—Transparency of approved providers*
- >
- > *Aged Care Act 1997*
- >
- > *1 After section 9-2*
- >
- > *Insert:*
- >
- >> *9-2A Obligation to provide Commissioner a report*
- >>
- >> *(1) As soon as practicable within 3 months after the end of a financial year, an approved provider must provide the *Quality and Safety Commissioner with a written report for each facility operated by the provider that provided residential care in the financial year.*
- >>
- >> *(2) The report must include the following information:*
- >>
- >>> *(a) the total income received by the provider from the facility;*
- >>>
- >>> *(b) the sources of that income;*
- >>>
- >>> *(c) the total amount spent in the financial year;*
- >>>
- >>> *(d) the total cost of care expenditure which includes the itemised cost of the following:*
- >>>
- >>>> *(i) food and food supplements;*
- >>>>
- >>>> *(ii) medical products;*
- >>>>
- >>>> *(iii) continence aids;*
- >>>>
- >>> *(e) the total cost of accommodation;*
- >>>
- >>> *(f) the total cost of staff members for each category of staff member referred to in subsection (3);*
- >>>
- >>> *(g) the total cost of staff member training;*
- >>>
- >>> *(h) the total amount of other operational expenditure itemised by category;*
- >>>
- >>> *(i) any amount paid to a related body corporate within the meaning of section 50 of the Corporations Act 2011.*
- >>>
- >>> *Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7A of the *Quality and Safety Commission Act. The expenditure report provided under this section is made publicly available (see section 96-11).*
- >>
- >> *(3) For the purposes of paragraph (2) (f), the categories of staff member are the following:*
- >>
- >>> *(a) registered nurses;*
- >>>
- >>> *(b) enrolled nurses;*
- >>>
- >>> *(c) personal care attendants;*
- >>>
- >>> *(d) allied health staff;*
- >>>
- >>> *(e) administrative staff;*
- >>>
- >>> *(f) other staff members.*
- >>>
- >>> *Note: The category of other staff members should be further broken down into appropriate categories.*
- >>
- >> *(4) In this section:*
- >>
- >>> *staff member of an approved provider has the same meaning as in section 63-1AA.*
- >
- > *2 After section 96-10*
- >
- > *Insert:*
- >
- >> *96-11 Publication of reports by Commissioner*
- >>
- >> *The Quality and Safety Commissioner must make publicly available the report provided to the Commissioner under section 9-2A.*
<p class="italic">Schedule 3A—Transparency of approved providers</p><p class="italic"> <i>Aged Care Act 1997</i></p><p class="italic">1 After section 9-2</p><p class="italic">Insert:</p><p class="italic">9-2A Obligation to provide Commissioner a report</p><p class="italic">(1) As soon as practicable within 3 months after the end of a financial year, an approved provider must provide the *Quality and Safety Commissioner with a written report for each facility operated by the provider that provided residential care in the financial year.</p><p class="italic">(2) The report must include the following information:</p><p class="italic">(a) the total income received by the provider from the facility;</p><p class="italic">(b) the sources of that income;</p><p class="italic">(c) the total amount spent in the financial year;</p><p class="italic">(d) the total cost of care expenditure which includes the itemised cost of the following:</p><p class="italic">  (i) food and food supplements;</p><p class="italic">  (ii) medical products;</p><p class="italic">  (iii) continence aids;</p><p class="italic">(e) the total cost of accommodation;</p><p class="italic">(f) the total cost of staff members for each category of staff member referred to in subsection (3);</p><p class="italic">(g) the total cost of staff member training;</p><p class="italic">(h) the total amount of other operational expenditure itemised by category;</p><p class="italic">(i) any amount paid to a related body corporate within the meaning of section 50 of the <i>Corporations Act 2011</i>.</p><p class="italic">Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 7A of the *Quality and Safety Commission Act. The expenditure report provided under this section is made publicly available (see section 96-11).</p><p class="italic">(3) For the purposes of paragraph (2) (f), the categories of staff member are the following:</p><p class="italic">(a) registered nurses;</p><p class="italic">(b) enrolled nurses;</p><p class="italic">(c) personal care attendants;</p><p class="italic">(d) allied health staff;</p><p class="italic">(e) administrative staff;</p><p class="italic">(f) other staff members.</p><p class="italic">Note: The category of other staff members should be further broken down into appropriate categories.</p><p class="italic">(4) In this section:</p><p class="italic"><i>staff member</i> of an approved provider has the same meaning as in section 63-1AA.</p><p class="italic">2 After section 96-10</p><p class="italic">Insert:</p><p class="italic">96-11 Publication of reports by Commissioner</p><p class="italic">The *Quality and Safety Commissioner must make publicly available the report provided to the Commissioner under section 9-2A.</p><p class="italic">(2) Page 82 (after line 21), after Schedule 3, insert:</p><p class="italic">Schedule 3B—Staff to care recipient ratios</p><p class="italic">The CHAIR: The question is that amendment (1) on sheet 8804, as moved by Senator Griff, be agreed to.</p>
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