Document ID: chunk:federal_register_of_legislation:C2007A00051:clause:1_5:p1
Version: federal_register_of_legislation:C2007A00051
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 1/4)
Character Range: 5695–8600

5  At the end of Chapter 6
Add:

Part 6.6—Aged Care Commissioner

Division 95A—Aged Care Commissioner

95A‑1  Aged Care Commissioner

 (1) There is to be an *Aged Care Commissioner.

 (2) The functions of the *Aged Care Commissioner are as follows:
 (a) to examine decisions that are made by the Secretary under the Investigation Principles and are identified by those Principles as being examinable by the Aged Care Commissioner, and make recommendations to the Secretary arising from the examination;
 (b) to examine complaints made to the Aged Care Commissioner about the Secretary's processes for handling matters under the Investigation Principles, and make recommendations to the Secretary arising from the examination;
 (c) to examine, on the Aged Care Commissioner's own initiative, the Secretary's processes for handling matters under the Investigation Principles, and make recommendations to the Secretary arising from the examination;
 (d) to examine complaints made to the Aged Care Commissioner about:
 (i) the conduct of an *accreditation body relating to its responsibilities under the Accreditation Grant Principles; or
 (ii) the conduct of a person carrying out an audit, or making a support contact, under those Principles;
  (but not a complaint about the merits of a decision under those Principles), and make recommendations to the accreditation body concerned arising from the examination;
 (e) to examine, on the Aged Care Commissioner's own initiative:
 (i) the conduct of an accreditation body relating to its responsibilities under the Accreditation Grant Principles; and
 (ii) the conduct of persons carrying out audits, or making support contacts, under those Principles;
  and make recommendations to the accreditation body concerned arising from the examination;
 (f) to advise the Minister, at the Minister's request, about matters relating to any of paragraphs (a), (b), (c), (d) and (e);
 (g) the functions (if any) specified in the Investigation Principles.

95A‑2  Appointment

 (1) The *Aged Care Commissioner is to be appointed by the Minister by written instrument.

 (2) The *Aged Care Commissioner may be appointed on a full‑time basis or on a part‑time basis.

 (3) The *Aged Care Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

95A‑3  Acting appointments

 (1) The Minister may appoint a person to act as the *Aged Care Commissioner:
 (a) during a vacancy in the office of the Aged Care Commissioner (whether or not an appointment has previously been made to the office); or
 (b) during any period, or during all periods, when the Aged Care Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

 (2) Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:
 (a)