Document ID: chunk:federal_register_of_legislation:C2024C00505:section:21:p1
Version: federal_register_of_legislation:C2024C00505
Segment Type: section
Provision Reference: s 21 (pt 1/3)
Character Range: 35636–38455

21  Rules may make provision for, or in relation to, the performance of a function of the Commissioner
 (1) The rules may make provision for, or in relation to, the performance of a function conferred on the Commissioner by section 16.

Complaints functions
 (2) Without limiting subsection (1), the rules may establish a scheme for dealing with complaints made, or information given, to the Commissioner about the following matters:
 (a) an approved provider's responsibilities under the Aged Care Act or the Aged Care Principles;
 (b) the responsibilities of a service provider of a Commonwealth‑funded aged care service under the funding agreement that relates to the service.
 (3) Without limiting subsection (2), the rules may make provision in relation to any one or more of the following:
 (a) how complaints about a matter referred to in that subsection may be made, managed and resolved;
 (b) how information given to the Commissioner about a matter referred to in that subsection may be dealt with;
 (c) the roles, rights and responsibilities of complainants, approved providers, service providers of Commonwealth‑funded aged care services and any other relevant persons;
 (d) the considerations relevant to resolving such complaints or dealing with such information;
 (e) the actions that may be taken to address such complaints, or to deal with such information, which may include requiring an approved provider or service provider of a Commonwealth‑funded aged care service to do something;
 (f) the review or reconsideration of decisions made under the scheme.

Code functions
 (3A) Without limiting subsection (1), the rules may make provision for the taking of action in relation to compliance by any of the following with the provisions of the Code of Conduct that apply or applied to them:
 (a) an approved provider;
 (b) an individual who is or was an aged care worker of an approved provider;
 (c) an individual who is or was a governing person of an approved provider.
 (3B) Without limiting subsection (3A), the rules may make provision for, or in relation to, any one or more of the following:
 (a) how information about compliance with the Code of Conduct may be given to the Commissioner;
 (b) the actions that may be taken by the Commissioner in relation to compliance with the Code of Conduct, which may include requiring an approved provider or other relevant person to do something;
 (c) the roles, rights and responsibilities of:
 (i) persons who give such information to the Commissioner; or
 (ii) approved providers; or
 (iii) individuals who are or were aged care workers, or governing persons, of approved providers; or
 (iv) any other relevant persons;
 (d) the review or reconsideration of decisions made in relation to compliance with the Code of Conduct.

Regulatory functions
 (4)