Aged Care and Other Legislation Amendment Act 2025 (45 of 2025)
Schedule 1 Amendment of the Aged Care Act 2024
Part 1 Amendments commencing immediately after the commencement of the Aged Care Act 2024
Aged Care Act 2024
67 Section 166
Repeal the section, substitute:
165A Reports about reportable incidents
Requirement to report
(1) A registered provider of a kind prescribed by the rules must, if the rules prescribe that reports relating to reportable incidents must be given to the Commissioner, report reportable incidents to the Commissioner in accordance with this section.
(2) A report under subsection (1) must:
(a) be in the approved report form; and
(b) be prepared, and given, in accordance with any other requirements prescribed by the rules.
Note: For approved report form , see section 166A.
Civil penalty
(3) An entity contravenes this subsection if:
(a) the entity is a registered provider; and
(b) the entity fails to comply with subsection (1).
Note: A registered provider may commit an offence or contravene a civil penalty provision if the provider gives false or misleading information or documents (see Part 7.4 of the Criminal Code and section 591 of this Act).
Civil penalty: 250 penalty units.
166 Other reports by registered providers
Requirement to report
(1) A registered provider of a kind prescribed by the rules must, if the rules prescribe that a report must be given to one of the following persons, give a report to that person in accordance with this section:
(a) the Commissioner;
(b) the Complaints Commissioner;
(c) the Inspector-General of Aged Care;
(d) the System Governor;
(e) the Pricing Authority.
(2) A report under subsection (1) must:
(a) if the rules prescribe information that must be included in the report:
(i) include that information; and
(ii) be in the approved report form (if any); and
(b) if paragraph (a) does not apply - be in the approved report form; and
(c) in any case - be prepared, and given, in accordance with any other requirements prescribed by the rules.
Note: For approved report form , see section 166A.
Prescribed information
(3) Without limiting paragraph (2)(a), the rules may prescribe information relating to any of the following:
(a) complaints and feedback received by a registered provider;
(b) the workforce, and governance, of a registered provider;
(c) compliance by a registered provider with requirements relating to nursing services;
(d) locations at which funded aged care services are delivered by a registered provider;
(e) specified groups of individuals to whom a registered provider is delivering funded aged care services;
(f) how specified funded aged care services are delivered;
(g) specified financial and prudential matters.
Prescribed requirements relating to preparing and giving reports
(4) Without limiting paragraph (2)(c), the rules may prescribe requirements relating to either of the following:
(a) the collection or generation of information prescribed for the purposes of paragraph (2)(a) (including requirements relating to making particular measurements or assessments in connection with that collection or generation);
(b) reporting periods and the timeframes within which a report must be given in relation to those reporting periods (including by providing that a prescribed reporting period or timeframe is subject to an exemption determined by the System Governor in accordance with the rules).
Requirement to publish reports
(5) If the rules prescribe that a report given by a registered provider under subsection (1) must be published, the registered provider must publish the report in accordance with any requirements prescribed by the rules.
Civil penalty
(6) An entity contravenes this subsection if:
(a) the entity is a registered provider; and
(b) the entity fails to comply with subsection (1) or (5).
Note: A registered provider may commit an offence or contravene a civil penalty provision if the provider gives false or misleading information or documents (see Part 7.4 of the Criminal Code and section 591 of this Act).
Civil penalty: 250 penalty units.
166A Approved report forms - section 165A and 166 reports
When a report is in the approved report form
(1) A report under section 165A or 166 is in the approved report form if:
(a) it is in a form approved under subsection (2) or (3) of this section for that kind of report by the person (the report recipient ) to whom the report is required to be given; and
(b) it contains the information that the form requires, and any further information, statement or document as the report recipient requires, whether in the form or otherwise; and
(c) it is given in the manner that the report recipient requires (which may include electronically).
Approval of forms
(2) The Commissioner may, in writing, approve a form for a kind of report under section 165A.
(3) Any of the following persons may, in writing, approve a form for a kind of report under section 166:
(a) the Commissioner;
(b) the Complaints Commissioner;
(c) the Inspector-General of Aged Care;
(d) the System Governor;
(e) the Pricing Authority.
(4) More than one kind of report may be combined in the same form approved under subsection (2) or (3).
(5) More than one form may be approved under subsection (2) or (3) for the same kind of report.
(6) A different form may be approved under subsection (2) or (3) for a kind of report for different circumstances.
Publication of approved report forms and requirements
(7) If a form is approved under subsection (2) or (3), the person who approved the form must cause the following to be published on the Department's website:
(a) the form;
(b) any requirements mentioned in paragraphs (1)(b) and (c) relating to the kind of report that are not included in the form.