Document ID: chunk:federal_register_of_legislation:C2024A00104:section:158:p1
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 158 (pt 1/2)
Character Range: 283784–286506

158  Advisory body requirements
 (1) This section applies to a registered provider other than a registered provider that is:
 (a) a government entity; or
 (b) a local government authority.
 (2) It is a condition of registration that a registered provider of a kind prescribed by the rules must:
 (a) establish, and continue in existence, a body (the quality care advisory body) that:
 (i) complies with the requirements about membership prescribed by the rules; and
 (ii) is required, at least once every 6 months, to give the governing body of the provider a written report about the quality of the funded aged care services delivered by the provider in accordance with any requirements prescribed by the rules; and
 (iii) is able, at any time, to give feedback to the governing body of the provider about the quality of the funded aged care services delivered by the provider; and
 (b) require the governing body of the provider:
 (i) to consider such a report, or any such feedback, when making decisions in relation to the quality of the funded aged care services delivered by the provider; and
 (ii) to advise, in writing, the quality care advisory body how the governing body considered such a report or any such feedback.
 (3) A registered provider must, if requested to do so by the quality care advisory body, give the body information about the quality of the funded aged care services delivered by the provider.
 (4) It is a condition of registration that a registered provider of a kind prescribed by the rules must:
 (a) offer, in writing, at least once every 12 months, individuals accessing funded aged care services and their supporters the opportunity to establish one or more bodies (the consumer advisory bodies) to give the governing body of the provider feedback about the quality of the funded aged care services delivered by the provider; and
 (b) if one or more consumer advisory bodies are established—require the governing body of the provider:
 (i) to consider any such feedback given by the body or bodies when making decisions in relation to the quality of the funded aged care services delivered by the provider; and
 (ii) to advise, in writing, the body or bodies how the governing body considered any such feedback.
 (8) If an individual participates in a body established under this section (as a member of the body or otherwise):
 (a) the individual is not subject to any civil, criminal or administrative liability (including disciplinary action) for that participation; and
 (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the individual on the basis of that participation.
 (9) Without limiting subsection (8), a contract