No. 76, 2013 Compilation No. 1 Compilation date: 5 March 2016 Includes amendments up to: Act No. 126, 2015 Registered: 8 March 2016 Prepared by the Office of Parliamentary Counsel, Canberra
About this compilation This compilation This is a compilation of the Aged Care (Living Longer Living Better) Act 2013 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self-repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. An Act to amend the Aged Care Act 1997, and for related purposes
Contents 1 Short title 1 2 Commencement 1 3 Schedule(s) 3 4 Review of operation of amendments 3 Schedule 1—Amendments commencing on 1 August 2013 5 Part 1—Amendments 5 Aged Care Act 1997 5 Part 2—Transitional and savings provisions 30 Schedule 2—Amendments commencing on 1 January 2014 32 Part 1—Amendments 32 Aged Care Act 1997 32 Part 2—Transitional and savings provisions 42 Schedule 3—Amendments commencing on 1 July 2014 44 Part 1—Amendments 44 Aged Care Act 1997 44 Part 2—Transitional and savings provisions 142 Schedule 4—Amendments of other Acts 143 Part 1—Amendments commencing on 1 August 2013 143 A New Tax System (Goods and Services Tax) Act 1999 143 National Disability Insurance Scheme Act 2013 143 Part 2—Amendments commencing on 1 July 2014 145 A New Tax System (Goods and Services Tax) Act 1999 145 Health and Other Services (Compensation) Act 1995 145 Human Services (Medicare) Act 1973 146 Social Security Act 1991 146 Social Security (Administration) Act 1999 149 Veterans’ Entitlements Act 1986 150 Aged Care (Living Longer Living Better) Act 2013 i Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 Schedule 5—Aged Care (Transitional Provisions) Act 1997 155 Part 1—Enactment 155 Part 2—Amendments 156 Aged Care (Transitional Provisions) Act 1997 156 Part 3—Transitional and savings provisions 180 Endnotes 181 Endnote 1—About the endnotes 181 Endnote 2—Abbreviation key 183 Endnote 3—Legislation history 184 Endnote 4—Amendment history 185
This Act may be cited as the Aged Care (Living Longer Living Better) Act 2013.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. 1. Sections 1 to 4 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 2. Schedule 1
3. Schedule 2, items 1 to 4
3A. Schedule 2, item 5
3B. Schedule 2, item 6
3C. Schedule 2, items 7 to 11
3D. Schedule 2, item 12
3E. Schedule 2,
Aged Care (Living Longer Living Better) Act 2013 1 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 Section 2 items 13 and 14 3F. Schedule 2, item 15
3G. Schedule 2, items 16 and 16A
3H. Schedule 2, item 17
3J. Schedule 2, item 18
3K. Schedule 2, items 19 to 21
3L. Schedule 2, item 22
3M. Schedule 2, item 23
3N. Schedule 2,
4. Schedule 3
5. Schedule 4,
6. Schedule 4,
7. Schedule 5,
8. Schedule 5, Parts 2 and 3 Immediately after the commencement of the provision(s) covered by table item 7. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 Section 3
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
The Minister must cause an independent review to be undertaken of the operation of the amendments made by: (a) this Act; and (b) the Aged Care (Bond Security) Amendment Act 2013; and (c) the Aged Care (Bond Security) Levy Amendment Act 2013.
The review must consider at least the following matters: (a) whether unmet demand for residential and home care places has been reduced; (b) whether the number and mix of places for residential care and home care should continue to be controlled; (c) whether further steps could be taken to change key aged care services from a supply driven model to a consumer demand driven model; (d) the effectiveness of means testing arrangements for aged care services, including an assessment of the alignment of charges across residential care and home care services; (e) the effectiveness of arrangements for regulating prices for aged care accommodation; (f) the effectiveness of arrangements for protecting equity of access to aged care services for different population groups; (g) the effectiveness of workforce strategies in aged care services, including strategies for the education, recruitment, retention and funding of aged care workers; Aged Care (Living Longer Living Better) Act 2013 3 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 Section 4 (h) the effectiveness of arrangements for protecting refundable deposits and accommodation bonds; (i) the effectiveness of arrangements for facilitating access to aged care services; (j) any other related matter that the Minister specifies.
The review must make provision for public consultation and, in particular, must provide for consultation with: (a) approved providers; and (b) aged care workers; and (c) consumers; and (d) people with special needs; and (e) carers; and (f) representatives of consumers.
The review must be undertaken as soon as practicable after the end of the period of 3 years after the commencement of Schedule 1.
The person who undertakes the review must give the Minister a written report of the review within 12 months after the end of the 3 year period.
The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of receiving it.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Aged Care Act 1997
Omit “community”, substitute “home”.
Repeal the paragraph.
Repeal the section.
Omit “Community”, substitute “Home”.
Repeal the note, substitute: Note 2: Allocation of funding for grants is dealt with in Chapter 5.
Repeal the paragraphs, substitute: (b) people from culturally and linguistically diverse backgrounds; (c) people who live in rural or remote areas; (d) people who are financially or socially disadvantaged; (e) veterans; (f) people who are homeless or at risk of becoming homeless; (g) care-leavers; (ga) parents separated from their children by forced adoption or removal; Aged Care (Living Longer Living Better) Act 2013 5 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (h) lesbian, gay, bisexual, transgender and intersex people; (i) people of a kind (if any) specified in the Allocation Principles.
Omit “in the Gazette”, substitute “on the Department’s website”.
Repeal the subsection.
Omit “in the Gazette”, substitute “on the Department’s website”.
Repeal the section, substitute: In deciding which allocation of * places would best meet the needs of the aged care community in the * region, the Secretary must consider, in relation to each application, the matters set out in the Allocation Principles.
Add: Note: Approved providers have a responsibility under Part 4.3 to comply with the conditions to which the allocation is subject. Failure to comply with a responsibility can result in a sanction being imposed under Part 4.4.
Repeal the subsection.
Repeal the subsection.
Repeal the subsection.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “ * community”, substitute “ * home”.
Repeal the subsection.
Add: ; (f) the approved provider’s proposals for ensuring that the provider meets the provider’s responsibilities for any: (i) * accommodation bond balance; or (ii) * entry contribution balance; held by the provider in respect of the places to be relinquished.
Omit “community” (wherever occurring), substitute “home”.
Omit “community”, substitute “home”.
Omit “ * community”, substitute “ * home”.
Omit “community” (wherever occurring), substitute “home”.
Omit “community” (wherever occurring), substitute “home”.
Omit “community”, substitute “home”.
Omit “community”, substitute “home”. Aged Care (Living Longer Living Better) Act 2013 7 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “community”, substitute “home”.
Omit “community”, substitute “home”.
Omit “community”, substitute “home”.
Repeal the subsection, substitute:
The Secretary may limit the approval to one or more levels of care. Note: Limitations of approvals to one or more levels of care are reviewable under Part 6.1.
Repeal the paragraph, substitute: (b) the person’s eligibility to receive a specified level or levels of care.
Repeal the paragraph, substitute: (c) whether the approval is limited to a level or levels of care (see subsection 22-2(3));
Omit “community”, substitute “home”.
Omit “community”, substitute “home”.
Omit “community”, substitute “home”.
Repeal the subsection.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
After “27-4”, insert “at one or more * aged care services operated by the approved provider”.
Omit “a substantial number of appraisals or reappraisals connected with classifications”, substitute “an appraisal or reappraisal connected with a classification”.
Omit “classifications made in connection with those appraisals or reappraisals were”, substitute “classification was”.
Repeal the paragraph, substitute: (c) the Secretary is satisfied that, after the classification was changed, the approved provider gave false, misleading or inaccurate information in another appraisal or reappraisal.
Repeal the subsection.
Omit “a substantial number of appraisals or reappraisals connected with classifications”, substitute “an appraisal or reappraisal connected with a classification”.
Omit “classifications made in connection with those appraisals or reappraisals were”, substitute “classification was”.
Repeal the paragraph, substitute: (c) the Secretary is satisfied that, after the classification was changed, the approved provider gave false, misleading or inaccurate information in another appraisal or reappraisal; Aged Care (Living Longer Living Better) Act 2013 9 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Repeal the subsection.
Omit “in the Gazette”, substitute “on the Department’s website”.
Repeal the subsection.
Before “The”, insert “(1)”.
Add:
Subsection (1) does not apply in relation to a temporary change in location if the Secretary is satisfied that exceptional circumstances exist.
Repeal the subsections, substitute:
If: (a) the Secretary is satisfied that an approved provider’s residential care service has ceased to be suitable for * certification; or (b) the Secretary is satisfied that the approved provider’s application for certification of the service contained information that was false or misleading in a material particular; the Secretary must notify the approved provider that the Secretary is considering revoking the certification. Note: Certification may also be revoked as a sanction under Part 4.4.
The notice must be in writing and must: (a) include the Secretary’s reasons for considering the revocation; and
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (b) invite the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and (c) inform the approved provider that if no submission is made within that period, any revocation will take effect on the day after the last day for making submissions.
Insert: (3A) Unless the Secretary decides to take action under section 39-3A or 39-3B, the Secretary must revoke the * certification if the Secretary remains satisfied that: (a) the residential care service has ceased to be suitable for certification; or (b) the approved provider’s application for certification of the service contained information that was false or misleading in a material particular. Note: Revocations of certifications are reviewable under Part 6.1.
Insert:
This section applies if: (a) the Secretary has notified an approved provider under subsection 39-3(2) that the Secretary is considering revoking the * certification of the approved provider’s residential care service because the service has ceased to be suitable for certification; and (b) the approved provider has made submissions to the Secretary in accordance with the invitation under paragraph 39-3(2)(b); and (c) the Secretary is satisfied that the submissions: (i) propose appropriate action to rectify the unsuitability of the service; or (ii) set out sufficient reason for the unsuitability. Aged Care (Living Longer Living Better) Act 2013 11 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
The Secretary may give the approved provider a notice in accordance with subsection (3).
The notice must be in writing and must: (a) inform the approved provider that, within 14 days after the date of the notice, or within such shorter period as is specified in the notice, the approved provider must give a written undertaking to the Secretary to rectify the unsuitability of the service; and (b) inform the approved provider that the * certification will be revoked at the time specified in the notice if the undertaking is not given or complied with.
The undertaking must: (a) be in a form approved by the Secretary; and (b) contain a description and acknowledgement of the unsuitability of the service; and (c) set out the action the approved provider proposes to take to rectify the unsuitability of the service; and (d) set out the period within which such action will be taken; and (e) contain an acknowledgement that a failure by the approved provider to comply with the undertaking will result in the * certification being revoked.
If the approved provider fails to give the undertaking within the specified time or fails to comply with the undertaking, the Secretary must: (a) revoke the * certification; and (b) give the approved provider written notice of the revocation.
This section applies if, after receiving submissions in accordance with the invitation under paragraph 39-3(2)(b), the Secretary is not satisfied as mentioned in paragraph 39-3A(1)(c).
The Secretary may, in writing, request further information from the approved provider in relation to the submissions.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
The request must be made within 28 days after the end of the period for making submissions in accordance with the invitation under paragraph 39-3(2)(b).
The further information must be provided within the time specified in the request.
If, after receiving the further information, the Secretary is satisfied as mentioned in paragraph 39-3A(1)(c), then: (a) the Secretary must give a notice to the approved provider in accordance with subsection 39-3A(3); and (b) subsections 39-3A(4) and (5) have effect.
If: (a) the approved provider does not provide the further information within the specified time; or (b) after receiving the further information, the Secretary is not satisfied as mentioned in paragraph 39-3A(1)(c); the Secretary must: (c) revoke the * certification of the approved provider’s residential care service; and (d) give the approved provider written notice of the revocation.
The notice must be given within 28 days after the end of the period for providing the further information.
Omit “ * community”, substitute “ * home”.
Repeal the subsection.
Add: ; (e) any other supplement set out in the Residential Care Subsidy Principles for the purposes of this paragraph.
Omit “Community”, substitute “Home”. Aged Care (Living Longer Living Better) Act 2013 13 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “ * community”, substitute “ * home”.
Omit “community”, substitute “home”.
Omit “Community”, substitute “Home”.
Omit “ * Community”, substitute “ * Home”.
Omit “Community Care”, substitute “Home Care”.
Omit “Community”, substitute “Home”.
Omit “community”, substitute “home”.
Omit “Community”, substitute “Home”.
Omit “Community”, substitute “Home”.
Omit “community”, substitute “home”.
Omit “community”, substitute “home”.
Omit “community”, substitute “home”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “ * community care subsidy”, substitute “ * home care subsidy”.
Omit “community”, substitute “ * home”.
Omit “ * community”, substitute “ * home”.
Omit “community” (wherever occurring), substitute “home”.
Omit “community” (wherever occurring), substitute “home”.
Repeal the note.
Omit “ * community” (wherever occurring), substitute “ * home”.
Omit “community”, substitute “home”.
Omit “community”, substitute “home”.
Omit “community”, substitute “home”.
Omit “community” (wherever occurring), substitute “home”.
Omit “ * community”, substitute “ * home”. Aged Care (Living Longer Living Better) Act 2013 15 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Repeal the subsections, substitute:
The Home Care Subsidy Principles may specify requirements relating to the suspension, on a temporary basis, of home care.
Omit “ * community” (wherever occurring), substitute “ * home”.
Omit “community” (wherever occurring), substitute “home”.
Omit “ * community” (wherever occurring), substitute “ * home”.
Omit “community” (wherever occurring), substitute “home”.
Omit “community”, substitute “home”.
Omit “ * community”, substitute “ * home”.
Omit “community”, substitute “home”.
Omit “community”, substitute “home”.
Omit “community”, substitute “home”.
Omit “ * Community”, substitute “ * Home”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “community” (wherever occurring), substitute “home”.
Omit “Community”, substitute “Home”.
Omit “ * community”, substitute “ * home”.
Omit “community”, substitute “home”.
Omit “ * community”, substitute “ * home”.
Omit “community”, substitute “home”.
Omit “ * community”, substitute “ * home”.
Omit “Community”, substitute “Home”.
Omit “community”, substitute “home”.
Omit “ * community”, substitute “ * home”.
Omit “community” (wherever occurring), substitute “home”.
Omit “ * community”, substitute “ * home”. Aged Care (Living Longer Living Better) Act 2013 17 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “community”, substitute “home”.
Omit “community”, substitute “home”.
Omit “community”, substitute “home”.
Omit “community”, substitute “home”.
Omit “community”, substitute “home”.
Omit “ * community” (wherever occurring), substitute “ * home”.
Omit “community” (wherever occurring), substitute “home”.
Omit “ * community” (wherever occurring), substitute “ * home”.
Omit “community” (wherever occurring), substitute “home”.
Omit “ * community”, substitute “ * home”.
Omit “ * community”, substitute “ * home”.
Omit “community care”, substitute “home care”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Repeal the paragraph, substitute: (b) the approved provider: (i) provides flexible care to a care recipient who is approved under Part 2.3 in respect of flexible care; or (ii) provides flexible care to a care recipient who is included in a class of people who, under the Flexible Care Subsidy Principles, do not need approval under Part 2.3 in respect of flexible care; or (iii) is taken to provide flexible care in the circumstances set out in the Flexible Care Subsidy Principles; and
Omit “community”, substitute “home”.
Omit “Community”, substitute “Home”.
Omit “(1)”.
Repeal the subsection.
Omit “Community”, substitute “Home”.
Omit “(1)”.
Omit “Community” (wherever occurring), substitute “Home”.
Omit “community”, substitute “home”. Aged Care (Living Longer Living Better) Act 2013 19 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Repeal the subsection.
Repeal the subsection.
Omit “community”, substitute “home”.
Omit “community”, substitute “home”.
Insert: (ca) to provide such other care and services in accordance with the agreement between the approved provider and the care recipient;
Omit “ * community”, substitute “ * home”.
Omit “community”, substitute “home”.
Omit “ * community”, substitute “ * home”.
Omit “community”, substitute “home”.
Omit “community”, substitute “home”.
Omit “community” (wherever occurring), substitute “home”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “community”, substitute “home”.
Omit “community”, substitute “home”.
Omit “community” (wherever occurring), substitute “home”.
Omit “community”, substitute “home”.
Omit “community”, substitute “home”.
Omit “community” (wherever occurring), substitute “home”.
Omit “ * community”, substitute “ * home”.
Omit “ * community”, substitute “ * home”.
Add “in relation to care and services”.
Omit “administer an aged care service in respect of which the approved provider has not complied with its responsibilities”, substitute “assist the approved provider to comply with its responsibilities in relation to governance and business operations”.
Repeal the paragraph, substitute: (a) the Secretary is satisfied that: Aged Care (Living Longer Living Better) Act 2013 21 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (i) the person has the skills and experience required to assist an approved provider to comply with its responsibilities under Parts 4.1, 4.2 and 4.3; and (ii) if the person is an individual—the person is not a * disqualified individual; and (iii) if the person is a body corporate—no individuals who are responsible for the executive decisions of the body corporate are disqualified individuals; and
Repeal the subsection.
Repeal the subsection, substitute:
A person may resign an appointment by giving the Secretary a written resignation: (a) signed by him or her; or (b) if the person is a body corporate—signed by an officer of the body corporate.
Omit “revoked; and”, substitute “revoked.”.
Repeal the paragraph.
Omit “revoked; and”, substitute “revoked.”.
Repeal the paragraph.
After “under section”, insert “66A-2 or”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “administer the service”, substitute “assist the approved provider to comply with its responsibilities”.
Repeal the subsections.
Repeal the section.
Omit “, with assessments or approvals related to * aged care or”, substitute “and”.
Omit: • * community care grants (see Part 5.2); • * flexible care grants (see Part 5.2A); • * assessment grants (see Part 5.3);
Omit “section 72-2”, substitute “subsection 72-1(2)”.
Repeal the paragraph.
Repeal the subsection, substitute:
The allocation must meet the criteria for allocations specified in the Residential Care Grant Principles. Aged Care (Living Longer Living Better) Act 2013 23 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Repeal the sections.
Repeal the subsection, substitute:
The grant is subject to: (a) such conditions (if any) as the Secretary determines in writing; and (b) such other conditions (if any) as are set out in the Residential Care Grant Principles.
Repeal the section.
Repeal the subsection (including the note), substitute:
If the Secretary needs further information to determine the application, the Secretary may give to the approved provider a notice requesting the approved provider to give the further information within 28 days after receiving the notice, or within such shorter period as is specified in the notice.
The Secretary must make a variation or reject the application: (a) within 28 days after receiving the application; or (b) if the Secretary has requested further information under subsection (4)—within 28 days after receiving the information. Note: Variations of allocations and rejections of applications are reviewable under Part 6.1.
The Secretary must notify the approved provider in writing of the Secretary’s decision.
Repeal the subsection.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Repeal the Parts.
Repeal the subsection.
Omit “(1)”.
Repeal the subsection.
Omit “(1)”.
Repeal the subsection.
After “residential care”, insert “or home care”.
Omit “(1)”.
Repeal the subsection.
Omit “(1)”.
Repeal the subsection.
Omit “a * low level of residential care”, substitute “one or more levels of care”. Aged Care (Living Longer Living Better) Act 2013 25 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “39-3(1)”, substitute “39-3(3A)”.
Omit “community”, substitute “home”.
Omit “73-5(4)”, substitute “73-5(5)”.
Repeal the items, substitute: A decision under Principles made under section 96-1 that is specified in the Principles concerned to be a decision reviewable under this section the provision specified in the Principles as the provision under which the decision is made
Omit “1239 of the Social Security Act 1991”, substitute “126 of the Social Security (Administration) Act 1999”.
Omit “1240 of the Social Security Act 1991”, substitute “129 of the Social Security (Administration) Act 1999”.
Omit “1243 of the Social Security Act 1991”, substitute “135 of the Social Security (Administration) Act 1999”.
Omit “1240 of the Social Security Act 1991”, substitute “129 of the Social Security (Administration) Act 1999”.
Repeal the subsection.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Add:
If the * Aged Care Commissioner requests the Secretary to give the Commissioner information that the Commissioner requires for the purposes of the Commissioner’s functions, the Secretary must, if the information is available to the Secretary, give the information to the Commissioner.
If, on and after 1 January 2014, the * Aged Care Commissioner requests the CEO of the Quality Agency to give the Commissioner information that the Commissioner requires for the purposes of the Commissioner’s functions, the CEO must, if the information is available to the CEO, give the information to the Commissioner.
Insert: The * Aged Care Commissioner may, at any time, give a written report to the Minister on any matter relating to the Commissioner’s functions.
Repeal the items.
Omit “Community”, substitute “Home”.
Repeal the item.
Repeal the subsection, substitute:
For the purposes of this Act, the Minister: Aged Care (Living Longer Living Better) Act 2013 27 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (a) must establish a committee to be known as the Aged Care Financing Authority; and (b) may establish other committees.
Omit “ * community”, substitute “home”.
aged care) Omit “community”, substitute “home”.
Repeal the definition.
Repeal the definitions.
Repeal the definition.
Insert: home care has the meaning given by section 45-3. home care agreement means an agreement referred to in section 61-1. home care service means an undertaking through which home care is provided. home care subsidy means a subsidy payable under Part 3.2.
payment period) Omit “to community”, substitute “to home”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
payment period) Omit “ * community”, substitute “ * home”.
payment period) Omit “a community”, substitute “a home”.
Omit “community”, substitute “home”.
Despite the amendment made by item 184A of this Schedule, subsection 96-3(1) of the Aged Care Act 1997 has effect, before 1 August 2013, as if that amendment had not been made. Aged Care (Living Longer Living Better) Act 2013 29 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
In this Part: commencement time means the time when this Schedule commences. home care has the same meaning as in the new law. new law means the Aged Care Act 1997 as in force immediately after the commencement time. old law means the Aged Care Act 1997 as in force immediately before the commencement time.
This item applies if, before the commencement time: (a) a person was approved under Part 2.1 of the old law as a provider of aged care (whether or not the approval had come into force); and (b) the approval had not ceased to have effect.
To the extent that the approval was in respect of community care, the approval is taken, for the purposes of the new law, to be in respect of home care.
To the extent that the approval was in respect of flexible care, the approval is taken, for the purposes of the new law, to be in respect of both home care and flexible care.
An allocation of places in respect of community care that was done under Part 2.2 of the old law and was in force immediately before the commencement time is taken, after the commencement time, to have been done in respect of home care.
An allocation of places in respect of flexible care that: (a) was done under Part 2.2 of the old law and was in force immediately before the commencement time; and
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (b) is of a kind specified in Allocation Principles made for the purposes of this subitem; is taken, after the commencement time, to have been done in respect of home care.
An approval to receive community care that was given under Part 2.3 of the old law and was in force immediately before the commencement time is taken, after the commencement time, to have been given to receive home care.
An approval to receive flexible care that: (a) was given under Part 2.3 of the old law and was in force immediately before the commencement time; and (b) is of a kind specified in Approval of Care Recipient Principles made for the purposes of this subitem; is taken, after the commencement time, to have been given to receive home care.
An approval to receive community care or flexible care that is taken to be an approval to receive home care under subitem (1) or (2), is also taken to be limited to the level or levels of care specified in Approval of Care Recipient Principles made for the purposes of this subitem.
The Minister may, by legislative instrument, make Allocation Principles or Approval of Care Recipient Principles, or both, providing for matters: (a) required or permitted by this Part to be provided; or (b) necessary or convenient to be provided in order to carry out or give effect to this Part.
Allocation Principles or Approval of Care Recipient Principles made under subitem (1) may be included with Allocation Principles or Approval of Care Recipient Principles, as the case requires, made under section 96-1 of the Aged Care Act 1997. Aged Care (Living Longer Living Better) Act 2013 31 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Aged Care Act 1997
Omit “an * accreditation body”, substitute “the * CEO of the Quality Agency”.
Insert:
In deciding whether an approved provider has complied, or is complying, with one or more of its responsibilities under Part 4.1, 4.2 or 4.3, the Secretary may have regard to: (a) any information provided by the * CEO of the Quality Agency in accordance with the Quality Agency Reporting Principles; and (b) any other relevant information.
The Quality Agency Reporting Principles may specify the circumstances in which the * CEO of the Quality Agency must provide information of a kind specified in the Principles to the Secretary for the purposes of this Part. Note: The Quality Agency Reporting Principles are made by the Minister under section 96-1.
Omit: • * accreditation grants (see Part 5.4);
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Repeal the Part.
Add: ; (h) the Aged Care Pricing Commissioner, whose functions include approving accommodation payments that are higher than the maximum amount of accommodation payments determined by the Minister and approving extra service fees (see Part 6.7).
Repeal the paragraphs, substitute: (d) to examine complaints made to the Aged Care Commissioner about the processes for: (i) accrediting aged care services as mentioned in paragraph 12(a) of the Australian Aged Care Quality Agency Act 2013; and (ii) conducting the quality review of home care services as mentioned in paragraph 12(b) of that Act; (but not a complaint about the merits of a decision under those paragraphs), and make recommendations to the CEO of the Quality Agency arising from the examination; (e) to examine, on the Aged Care Commissioner’s own initiative, the processes for: (i) accrediting aged care services as mentioned in paragraph 12(a) of the Australian Aged Care Quality Agency Act 2013; and (ii) conducting the quality review of home care services as mentioned in paragraph 12(b) of that Act; and make recommendations to the CEO of the Quality Agency arising from the examination;
Omit “Complaints Principles”, substitute “Commissioner Principles”. Aged Care (Living Longer Living Better) Act 2013 33 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Before “The”, insert “(1)”.
Add:
The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
Repeal the section, substitute:
The Minister may terminate the appointment of the * Aged Care Commissioner: (a) for misbehaviour; or (b) if the Aged Care Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity.
The Minister must terminate the appointment of the * Aged Care Commissioner if the Aged Care Commissioner: (a) becomes bankrupt; or (b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (c) compounds with his or her creditors; or (d) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (e) is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (f) is appointed on a full-time basis and engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or (g) is appointed on a part-time basis and engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office; or
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (h) fails, without reasonable excuse, to comply with section 95A-8.
Omit “Delegations”, substitute “Delegation”.
Repeal the subparagraphs, substitute: (ii) the processes mentioned in subparagraphs 95A-1(2)(d)(i) and (ii); and
Omit “Complaints Principles”, substitute “Commissioner Principles”.
Add:
There is to be an * Aged Care Pricing Commissioner.
The functions of the * Aged Care Pricing Commissioner are as follows: (a) to approve extra service fees in accordance with Division 35; (b) in accordance with section 52G-4, to approve accommodation payments that are higher than the maximum amount of accommodation payment determined by the Minister under section 52G-3; (c) such other functions that are conferred on the Aged Care Pricing Commissioner by this Act; (d) the functions that are conferred on the Aged Care Pricing Commissioner by any other law of the Commonwealth; (e) the functions that are specified by the Minister by legislative instrument. Aged Care (Living Longer Living Better) Act 2013 35 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
The * Aged Care Pricing Commissioner is to be appointed by the Minister by written instrument.
The * Aged Care Pricing Commissioner may be appointed on a full-time basis or on a part-time basis.
The * Aged Care Pricing Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years. The Minister may appoint a person to act as the * Aged Care Pricing Commissioner: (a) during a vacancy in the office of the Aged Care Pricing 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 Pricing Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office. Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
The * Aged Care Pricing Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Aged Care Pricing Commissioner is to be paid the remuneration that is prescribed by the Commissioner Principles.
The * Aged Care Pricing Commissioner is to be paid the allowances that are prescribed by the Commissioner Principles.
This section has effect subject to the Remuneration Tribunal Act 1973.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 Full-time Commissioner
If the * Aged Care Pricing Commissioner is appointed on a full-time basis: (a) he or she has the recreation leave entitlements that are determined by the Remuneration Tribunal; and (b) the Minister may grant the Aged Care Pricing Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines. Part-time Commissioner
If the * Aged Care Pricing Commissioner is appointed on a part-time basis, the Minister may grant leave of absence to the Aged Care Pricing Commissioner on the terms and conditions that the Minister determines. The * Aged Care Pricing Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister. Full-time Commissioner
If the * Aged Care Pricing Commissioner is appointed on a full-time basis, he or she must not engage in paid employment outside the duties of the Aged Care Pricing Commissioner’s office without the Minister’s approval. Part-time Commissioner
If the * Aged Care Pricing Commissioner is appointed on a part-time basis, he or she must not engage in any paid employment that conflicts or could conflict with the proper performance of his or her duties. Aged Care (Living Longer Living Better) Act 2013 37 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 The * Aged Care Pricing Commissioner must give written notice to the Minister of all interests, pecuniary or otherwise, that the Commissioner has or acquires that could conflict with the proper performance of the Commissioner’s functions.
The * Aged Care Pricing Commissioner may resign his or her appointment by giving the Minister a written resignation.
The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
The Minister may terminate the appointment of the * Aged Care Pricing Commissioner: (a) for misbehaviour; or (b) if the Aged Care Pricing Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity.
The Minister must terminate the appointment of the * Aged Care Pricing Commissioner if the Aged Care Pricing Commissioner: (a) becomes bankrupt; or (b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (c) compounds with his or her creditors; or (d) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (e) is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (f) is appointed on a full-time basis and engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (g) is appointed on a part-time basis and engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office; or (h) fails, without reasonable excuse, to comply with section 95B-8.
The * Aged Care Pricing Commissioner may delegate in writing all or any of his or her functions to an APS employee in the Department.
In exercising his or her power under subsection (1), the * Aged Care Pricing Commissioner is to have regard to the function to be performed by the delegate and the responsibilities of the APS employee to whom the function is delegated.
In performing functions delegated under subsection (1), the delegate must comply with any directions of the * Aged Care Pricing Commissioner.
The * Aged Care Pricing Commissioner must, as soon as practicable after the end of each financial year, prepare and give to the Minister, for presentation to the Parliament, a report on the Aged Care Pricing Commissioner’s operations during that year. Note: See also section 34C of the Acts Interpretation Act 1901, which contains extra rules about annual reports.
The * Aged Care Pricing Commissioner must include in the report: (a) the number of applications that were made to the Aged Care Pricing Commissioner during the financial year for approval to charge an accommodation payment that is higher than the maximum amount of accommodation payment determined by the Minister under section 52G-3; and (b) the number of such applications that were approved, rejected or withdrawn during the financial year; and Aged Care (Living Longer Living Better) Act 2013 39 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (c) the number of applications that were made to the Aged Care Pricing Commissioner during the financial year for approval to charge an extra service fee; and (d) any other information required by the Commissioner Principles to be included in the report.
Repeal the item.
Insert: 9A Commissioner Principles Divisions 95A and 95B
Insert: 14A Fees and Payments Principles Parts 3A.1, 3A.2 and 3A.3
Insert: 17A Quality Agency Reporting Principles
Omit “Delegations”, substitute “Delegation”.
Repeal the subsection, substitute:
The Secretary may, in writing, delegate to the * CEO of the Quality Agency the functions of the Secretary that the Secretary considers necessary for the CEO to perform the CEO’s functions under the Australian Aged Care Quality Agency Act 2013.
Repeal the definition.
Repeal the definition.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Insert: Aged Care Pricing Commissioner means the Aged Care Pricing Commissioner holding office under Part 6.7.
Insert: CEO of the Quality Agency means the Chief Executive Officer of the Australian Aged Care Quality Agency appointed under the Australian Aged Care Quality Agency Act 2013. Aged Care (Living Longer Living Better) Act 2013 41 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
In this Part: accreditation body has the same meaning as in the old law. CEO of the Quality Agency has the same meaning as in the new law. first commencement time means the time when item 5 of this Schedule commences. new law means the Aged Care Act 1997 as in force immediately after the second commencement time. old law means the Aged Care Act 1997 as in force immediately before the second commencement time. second commencement time means the time when item 1 of this Schedule commences.
An accreditation of a residential care service by an accreditation body that was in force immediately before the second commencement time is taken, after the second commencement time, to have been an accreditation by the CEO of the Quality Agency.
After the first commencement time, the Minister may, by legislative instrument, determine the maximum amount of accommodation payment that an approved provider may charge a person.
The determination may set out: (a) the maximum daily accommodation payment amount and a method for working out refundable accommodation deposit amounts; or (b) methods for working out both: (i) the maximum daily accommodation payment amount; and (ii) refundable accommodation deposit amounts.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
An approved provider may apply to the Aged Care Pricing Commissioner for approval to charge an accommodation payment that is higher than the maximum amount of accommodation payment determined by the Minister under subitem (1).
The Aged Care Pricing Commissioner may approve the application.
A decision by the Aged Care Pricing Commissioner not to approve the application is taken to be a reviewable decision within the meaning of section 85-1 of the Aged Care Act 1997.
A power exercised under this item must be exercised in accordance with the Aged Care Act 1997 as if it were amended by Schedule 3 to this Act. Aged Care (Living Longer Living Better) Act 2013 43 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Aged Care Act 1997
Add: Chapters 3 and 3A of this Act do not apply in relation to a * continuing care recipient. Note: Subsidies, fees and payments for continuing care recipients are dealt with in the Aged Care (Transitional Provisions) Act 1997.
Before “This Act”, insert “(1)”.
Omit “subsidies”, substitute “ * subsidies”.
Add:
* Subsidies are also paid under Chapter 3 of the Aged Care (Transitional Provisions) Act 1997.
Omit “subsidy to a provider of * aged care under Chapter 3”, substitute “ * subsidy to a provider of * aged care”.
Omit “(Chapter 3)”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “subsidy can be paid under Chapter 3”, substitute “ * subsidy can be paid”.
Insert: Care recipients may be required to pay for, or contribute to, the costs of their care and accommodation. Fees and payments are dealt with in Chapter 3A of this Act, and in Divisions 57, 57A, 58 and 60 of the Aged Care (Transitional Provisions) Act 1997.
Omit “subsidy”, substitute “ * subsidy”.
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
After “Part 2.6 (enabling”, insert “ * accommodation payments, * accommodation contributions,”.
Omit “subsidy under Chapter 3”, substitute “subsidy”.
After “Chapter 3”, insert “of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997”.
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
Omit “subsidy cannot be made under Chapter 3”, substitute “ * subsidy cannot be made”. Aged Care (Living Longer Living Better) Act 2013 45 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “subsidy can only be paid under Chapter 3”, substitute “ * subsidy can only be paid”.
Omit “under this Act”.
After “this Act”, insert “or the Aged Care (Transitional Provisions) Act 1997”.
After “relating to”, insert “refundable deposits,”.
Before “ * accommodation bonds”, insert “ * refundable deposits or”.
After “more”, insert “ * refundable deposit balances or”.
After “total of the”, insert “refundable deposit balances and”.
Omit “accommodation bond”.
Omit “an * accommodation bond balance as required by section 57-21”, substitute “a * refundable deposit balance or an * accommodation bond balance”.
After “used”, insert “a * refundable deposit or”.
After “more”, insert “ * refundable deposit balances or”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
After “how”, insert “ * refundable deposits or”.
After “use of”, insert “refundable deposits and”.
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
Omit “subsidy”, substitute “ * subsidy”.
Repeal the subsection, substitute:
The Secretary may, in respect of each type of * subsidy, determine for the * places * available for allocation the proportion of care that must be provided to people of kinds specified in the Allocation Principles.
Omit “subsidy”, substitute “ * subsidy”.
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
Omit “subsidy”, substitute “ * subsidy”. Aged Care (Living Longer Living Better) Act 2013 47 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Repeal the paragraph, substitute: (e) the proportion of care (if any), in respect of the places available for allocation, that must be provided to people of kinds specified in the Allocation Principles.
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
Repeal the subsection, substitute: Lump sums paid by continuing care recipients
If: (a) a condition imposed on an allocation of * places to a person requires: (i) the refund by the person to a * continuing care recipient, with the consent of the continuing care recipient, of a * pre-allocation lump sum or part of such a sum; or (ii) the forgiveness by the person of an obligation (including a contingent obligation) by a continuing care recipient, with the consent of the continuing care recipient, in relation to a pre-allocation lump sum or part of such a sum; and (b) the continuing care recipient continues, on the day on which the allocation was made, to be provided with * aged care through the residential care service in relation to entry to which the pre-allocation lump sum was paid or became payable; then the continuing care recipient and the pre-allocation lump sum holder have the same rights, duties and obligations in relation to the charging of an * accommodation bond or an * accommodation charge as the continuing care recipient and the pre-allocation lump
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 sum holder would have under this Act and the Aged Care (Transitional Provisions) Act 1997 if: (c) the continuing care recipient had * entered the residential care service or flexible care service on the day on which the allocation was made; and (d) the pre-allocation lump sum were an accommodation bond paid in respect of aged care provided through another residential care service or flexible care service. Lump sums paid by care recipients other than continuing care recipients (5A) If: (a) a condition imposed on an allocation of * places to a person requires: (i) the refund by the person to a care recipient (the non-continuing care recipient) who is not a * continuing care recipient, with the consent of the non-continuing care recipient, of a * pre-allocation lump sum or part of such a sum; or (ii) the forgiveness by the person of an obligation (including a contingent obligation) by a non-continuing care recipient, with the consent of the non-continuing care recipient, in relation to a pre-allocation lump sum or part of such a sum; and (b) the non-continuing care recipient continues, on the day on which the allocation was made, to be provided with * aged care through the residential care service in relation to entry to which the pre-allocation lump sum was paid or became payable; then the non-continuing care recipient and the pre-allocation lump sum holder have the same rights, duties and obligations in relation to the charging of a * refundable deposit as the non-continuing care recipient and the pre-allocation lump sum holder would have under this Act if: (c) the non-continuing care recipient had * entered the residential care service or flexible care service on the day on which the allocation was made; and Aged Care (Living Longer Living Better) Act 2013 49 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (d) the pre-allocation lump sum were a refundable deposit paid in respect of aged care provided through another residential care service or flexible care service.
After “not”, insert “a * refundable deposit,”.
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
Omit “Subsidy”, substitute “ * Subsidy”.
Repeal the paragraph, substitute: (e) the proportion of care (if any), in respect of the places to be transferred, that must be provided to people of kinds specified in the Allocation Principles.
Omit “(including, where applicable, retention amounts relating to * accommodation bonds)”.
After “requirements for”, insert “ * refundable deposits and”.
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
Omit “an”, substitute “a * refundable deposit balance or”.
Repeal the paragraph, substitute:
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (e) the proportion of care (if any), in respect of the places to be transferred, that must be provided to people of kinds specified in the Allocation Principles;
Repeal the subparagraph, substitute: (ii) * entry contribution balance; or (iii) * refundable deposit balance;
Omit “Subsidy cannot be paid under Chapter 3”, substitute “ * Subsidy cannot be paid”.
Omit “Flexible Care”.
After “Chapter 3”, insert “of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997”.
Before “the approval”, insert “in the case of flexible care—”.
Repeal the section, substitute: Care not received within a certain time
A person’s approval as a recipient of flexible care lapses if the person is not provided with the care within: (a) the entry period specified in the Approval of Care Recipients Principles; or (b) if no such period is specified—the period of 12 months starting on the day after the approval was given. Aged Care (Living Longer Living Better) Act 2013 51 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Subsection (1) does not apply if the care is specified for the purposes of this subsection in the Approval of Care Recipients Principles. Person ceases to be provided with care in respect of which approved
A person’s approval as a recipient of flexible care lapses if the person ceases, in the circumstances specified in the Approval of Care Recipients Principles, to be provided with the care in respect of which he or she is approved.
Omit “, but a lower amount of * residential care subsidy is payable”.
Repeal the notes.
Repeal the paragraph.
Add “An individual resident’s room might also constitute a “distinct part” of the service.”.
Repeal the note.
Omit “who:”, substitute “who are included in a class of people specified in the Extra Service Principles;”.
Repeal the subparagraphs.
Omit the second sentence.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “Secretary”, substitute “ * Aged Care Pricing Commissioner”.
Omit “The Secretary”, substitute “The * Aged Care Pricing Commissioner”.
Omit “Secretary”, substitute “Aged Care Pricing Commissioner”.
Omit “Secretary”, substitute “ * Aged Care Pricing Commissioner”.
Omit “Secretary”, substitute “ * Aged Care Pricing Commissioner”.
Omit “Secretary’s”.
Omit “The Secretary”, substitute “The * Aged Care Pricing Commissioner”.
Omit “Secretary’s”, substitute “Aged Care Pricing Commissioner’s”.
Omit the second sentence.
Omit “56-1(f)”, substitute “56-1(g)”.
Repeal the section, substitute: Aged Care (Living Longer Living Better) Act 2013 53 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 This Part describes how a residential care service is certified and the circumstances in which certification ceases to have effect.
Repeal the paragraph, substitute: (d) the consequences of failure by the approved provider to comply with the approved provider’s responsibilities under Part 4.1, 4.2 or 4.3, in particular, that such a failure may lead to the revocation or suspension under Part 4.4 of the certification of the residential care service; and
Omit “pays subsidies”, substitute “pays * subsidies under this Chapter”.
Omit “Residential Care”.
Omit “Residential Care Subsidy Principles. The provisions”, substitute “Subsidy Principles. Provisions”.
Omit “Residential Care”.
Omit “Residential Care”.
Omit “Residential Care”.
Omit “subsections (3) and (4)”, substitute “subsection (3)”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Repeal the subsection (not including the note).
Omit “Residential Care”.
After “on leave”, insert “(the pre-entry leave)”.
Omit “Residential Care”.
Omit “Residential Care”.
Omit “Residential Care”.
Omit “Residential Care”.
Omit “Residential Care”.
Omit “Residential Care”.
Omit “Residential Care” (wherever occurring).
capital payment) Repeal the paragraph, substitute: (b) a payment of a kind specified in the Subsidy Principles. Aged Care (Living Longer Living Better) Act 2013 55 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit all the words after “care service”, substitute “if conditions specified in the Subsidy Principles, to which the allocation of the * places included in the service are subject under section 14-5 or 14-6, have not been met”.
Omit “Residential Care”.
Repeal the step.
Renumber as step 4.
Repeal the paragraph.
Repeal the paragraphs.
Omit “Residential Care”.
Repeal the sections, substitute:
The primary supplements for the care recipient are such of the following primary supplements as apply to the care recipient in respect of the * payment period: (a) the following primary supplements as set out in the Subsidy Principles: (i) the respite supplement;
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (ii) the oxygen supplement; (iii) the enteral feeding supplement; (iv) the dementia and severe behaviours supplement; (v) the veterans’ supplement; (vi) the workforce supplement; (b) any other primary supplement set out in the Subsidy Principles for the purposes of this paragraph.
The Subsidy Principles may specify, in respect of each primary supplement, the circumstances in which the supplement will apply to a care recipient in respect of a * payment period.
The Minister may determine by legislative instrument, in respect of each such supplement, the amount of the supplement, or the way in which the amount of the supplement is to be worked out.
Repeal the paragraphs, substitute: (a) the adjusted subsidy reduction (see section 44-19); (b) the compensation payment reduction (see sections 44-20 and 44-20A); (c) the care subsidy reduction (see sections 44-21 and 44-23).
Repeal the section.
Omit “Residential Care”.
Omit “an * accommodation bond”, substitute “a * refundable deposit”.
Omit “Residential Care”.
Repeal the heading. Aged Care (Living Longer Living Better) Act 2013 57 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Repeal the sections, substitute:
This section applies if: (a) the Secretary believes on reasonable grounds that a care recipient is entitled to compensation under a judgement, settlement or reimbursement arrangement; and (b) the Secretary does not have sufficient information to apply section 44-20 in relation to the compensation.
The Secretary may, by notice in writing given to a person, require the person to give information or produce a document that is in the person’s custody, or under the person’s control, if the Secretary believes on reasonable grounds that the information or document may be relevant to the application of section 44-20 in relation to the compensation.
The notice must specify: (a) how the person is to give the information or produce the document; and (b) the period within which the person is to give the information or produce the document; and (c) the effect of subsection (4). Note: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to notice given under this section.
If the information or document is not given or produced within the specified period, the Secretary may determine compensation payment reductions for the care recipient. Note: Decisions to determine compensation payment reductions under this section are reviewable under Part 6.1.
The compensation payment reductions must be determined in accordance with the Subsidy Principles.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
The care subsidy reduction for the care recipient in respect of the * payment period is the sum of all the care subsidy reductions for days during the period on which the care recipient is provided with residential care through the residential care service in question.
Subject to this section and section 44-23, the care subsidy reduction for a particular day is worked out as follows: Step 1. Work out the means tested amount for the care recipient (see section 44-22). Step 2. Subtract the maximum accommodation supplement amount for the day (see subsection (6)) from the means tested amount. Step 3. If the amount worked out under step 2 does not exceed zero, the care subsidy reduction is zero. Step 4. If the amount worked out under step 2 exceeds zero but not the sum of the following, the care subsidy reduction is the amount worked out under step 2: (a) the basic subsidy amount for the care recipient; (b) all primary supplement amounts for the care recipient. Step 5. If the amount worked out under step 2 exceeds the sum of the following, the care subsidy reduction is that sum: (a) the basic subsidy amount for the care recipient; (b) all primary supplement amounts for the care recipient. Aged Care (Living Longer Living Better) Act 2013 59 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
If the care recipient has not provided sufficient information about the care recipient’s income and assets for the care recipient’s means tested amount to be determined, the care subsidy reduction is the sum of the basic subsidy and primary supplement amounts for the care recipient.
If, apart from this subsection, the sum of all the * combined care subsidy reductions made for the care recipient during a * start-date year for the care recipient would exceed the annual cap applying at the time for the care recipient, the care subsidy reduction for the remainder of the start-date year is zero.
If, apart from this subsection, the sum of all the previous * combined care subsidy reductions made for the care recipient would exceed the lifetime cap applying at the time, the care subsidy reduction for the remainder of the care recipient’s life is zero.
The maximum accommodation supplement amount for a day is the highest of the amounts determined by the Minister by legislative instrument as the amounts of accommodation supplement payable for residential care services for that day.
The annual cap, for the care recipient, is the amount determined by the Minister by legislative instrument for the class of care recipients of which the care recipient is a member.
The lifetime cap is the amount determined by the Minister by legislative instrument.
The means tested amount for the care recipient is worked out as follows: Work out the income tested amount using steps 1 to 4: Step 1. Work out the care recipient’s * total assessable income on a yearly basis using section 44-24.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 Step 2. Work out the care recipient’s * total assessable income free area using section 44-26. Step 3. If the care recipient’s total assessable income does not exceed the care recipient’s total assessable income free area, the income tested amount is zero. Step 4. If the care recipient’s * total assessable income exceeds the care recipient’s total assessable income free area, the income tested amount is 50% of that excess divided by 364. Work out the per day asset tested amount using steps 5 to 10: Step 5. Work out the value of the care recipient’s assets using section 44-26A. Step 6. If the value of the care recipient’s assets does not exceed the asset free area, the asset tested amount is zero. Step 7. If the value of the care recipient’s assets exceeds the asset free area but not the first asset threshold, the asset tested amount is 17.5% of the excess. Step 8. If the value of the care recipient’s assets exceeds the first asset threshold but not the second asset threshold, the asset tested amount is the sum of the following: (a) 1% of the excess; (b) 17.5% of the difference between the asset free area and the first asset threshold. Step 9. If the value of the care recipient’s assets exceeds the second asset threshold, the asset tested amount is the sum of the following: (a) 2% of the excess; Aged Care (Living Longer Living Better) Act 2013 61 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (b) 1% of the difference between the first asset threshold and the second asset threshold; (c) 17.5% of the difference between the asset free area and the first asset threshold. Step 10. The per day asset tested amount is the asset tested amount divided by 364. The means tested amount is the sum of the income tested amount and the per day asset tested amount.
The asset free area is: (a) the amount equal to 2.25 times the * basic age pension amount; or (b) such other amount as is calculated in accordance with the Subsidy Principles.
The first asset threshold and the second asset threshold are the amounts determined by the Minister by legislative instrument.
The care subsidy reduction in respect of the care recipient is taken to be zero for each day, during the * payment period, on which one or more of the following applies: (a) the care recipient was provided with * respite care; (b) a determination was in force under subsection (2) in relation to the care recipient; (c) the care recipient was included in a class of people specified in the Subsidy Principles.
The Secretary may, in accordance with the Subsidy Principles, determine that the care subsidy reduction in respect of the care recipient is to be taken to be zero. Note: Refusals to make determinations are reviewable under Part 6.1.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
The determination ceases to be in force at the end of the period (if any) specified in the determination. Note: Decisions specifying periods are reviewable under Part 6.1.
In deciding whether to make a determination, the Secretary must have regard to the matters specified in the Subsidy Principles.
Application may be made to the Secretary, in the form approved by the Secretary, for a determination under subsection (2) in respect of a care recipient. The application may be made by: (a) the care recipient; or (b) an approved provider that is providing, or is to provide, residential care to the care recipient.
The Secretary must notify the care recipient and the approved provider, in writing, of the Secretary’s decision on whether to make the determination. The notice must be given: (a) if an application for a determination was made under subsection (5)—within 28 days after the application was made, or, if the Secretary requested further information in relation to the application, within 28 days after receiving the information; or (b) if such an application was not made—within 28 days after the decision is made.
A determination under subsection (2) is not a legislative instrument.
Omit “Residential Care”. Omit “Residential Care”. Omit “Residential Care”. Repeal the heading. Aged Care (Living Longer Living Better) Act 2013 63 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “(1)”.
Omit “(other than a * protected resident or a * phased resident)”.
Repeal the subsections.
Add:
Subject to this section, the value of a person’s assets for the purposes of section 44-22 is to be worked out in accordance with the Subsidy Principles.
If a person who is receiving an * income support supplement or a * service pension has an income stream (within the meaning of the Veterans’ Entitlements Act 1986) that was purchased on or after 20 September 2007, the value of the person’s assets: (a) is taken to include the amount that the Secretary determines to be the value of that income stream that would be included in the value of the person’s assets if Subdivision A of Division 11 of Part IIIB of the Veterans’ Entitlements Act 1986 applied for the purposes of this Act; and (b) is taken to exclude the amount that the Secretary determines to be the value of that income stream that would not be included in the value of the person’s assets if Subdivision A of Division 11 of Part IIIB of the Veterans’ Entitlements Act 1986 applied for the purposes of this Act.
If a person who is not receiving an * income support supplement or a * service pension has an income stream (within the meaning of the Social Security Act 1991) that was purchased on or after
(a) is taken to include the amount that the Secretary determines to be the value of that income stream that would be included
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 in the value of the person’s assets if Division 1 of Part 3.12 of the Social Security Act 1991 applied for the purposes of this Act; and (b) is taken to exclude the amount that the Secretary determines to be the value of that income stream that would not be included in the value of the person’s assets if Division 1 of Part 3.12 of the Social Security Act 1991 applied for the purposes of this Act.
The value of a person’s assets is taken to include the amount that the Secretary determines to be the amount: (a) if the person is receiving an * income support supplement or a * service pension—that would be included in the value of the person’s assets if Subdivisions B and BB of Division 11 and Subdivision H of Division 11A of Part IIIB of the Veterans’ Entitlements Act 1986 applied for the purposes of this Act; and (b) otherwise—that would be included in the value of the person’s assets if Division 2 of Part 3.12 and Division 8 of Part 3.18 of the Social Security Act 1991 applied for the purposes of this Act. Note 1: Subdivisions B and BB of Division 11 of Part IIIB of the Veterans’ Entitlements Act 1986, and Division 2 of Part 3.12 of the Social Security Act 1991, deal with disposal of assets. Note 2: Subdivision H of Division 11A of Part IIIB of the Veterans’ Entitlements Act 1986, and Division 8 of Part 3.18 of the Social Security Act 1991, deal with the attribution to individuals of assets of private companies and private trusts.
If a person has paid a * refundable deposit, the value of the person’s assets is taken to include the amount of the * refundable deposit balance.
In working out the value at a particular time of the assets of a person who is or was a * homeowner, disregard the value of a home that, at the time, was occupied by: (a) the * partner or a * dependent child of the person; or (b) a carer of the person who: (i) had occupied the home for the past 2 years; and Aged Care (Living Longer Living Better) Act 2013 65 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (ii) was eligible to receive an * income support payment at the time; or (c) a * close relation of the person who: (i) had occupied the home for the past 5 years; and (ii) was eligible to receive an * income support payment at the time.
In working out the value at a particular time of the assets of a person who is or was a * homeowner, disregard the value of a home to the extent that it exceeded the * maximum home value in force at that time.
The value of the assets of a person who is a * member of a couple is taken to be 50% of the sum of: (a) the value of the person’s assets; and (b) the value of the assets of the person’s * partner.
A reference to the value of the assets of a person is, in relation to an asset owned by the person jointly or in common with one or more other people, a reference to the value of the person’s interest in the asset.
A determination under paragraph (2)(a), (2)(b), (3)(a) or (3)(b) or subsection (4) is not a legislative instrument.
In section 44-26A, and in this section: child: without limiting who is a child of a person for the purposes of this section and section 44-26A, each of the following is the child of a person: (a) a stepchild or an adopted child of the person; (b) someone who would be the stepchild of the person except that the person is not legally married to the person’s partner; (c) someone who is a child of the person within the meaning of the Family Law Act 1975; (d) someone included in a class of persons specified for the purposes of this paragraph in the Subsidy Principles.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 close relation, in relation to a person, means: (a) a parent of the person; or (b) a sister, brother, child or grandchild of the person; or (c) a person included in a class of persons specified in the Subsidy Principles. Note: See also subsection (5). dependent child has the meaning given by subsection (2). homeowner has the meaning given by the Subsidy Principles. maximum home value means the amount determined by the Minister by legislative instrument. member of a couple means: (a) a person who is legally married to another person, and is not living separately and apart from the person on a permanent basis; or (b) a person whose relationship with another person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section, and who is not living separately and apart from the other person on a permanent basis; or (c) a person who lives with another person (whether of the same sex or a different sex) in a de facto relationship, although not legally married to the other person. parent: without limiting who is a parent of a person for the purposes of this section and section 44-26A, someone is the parent of a person if the person is his or her child because of the definition of child in this section. partner, in relation to a person, means the other * member of a couple of which the person is also a member.
A young person (see subsection (3)) is a dependent child of a person (the adult) if: (a) the adult: Aged Care (Living Longer Living Better) Act 2013 67 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (i) is legally responsible (whether alone or jointly with another person) for the day-to-day care, welfare and development of the young person; or (ii) is under a legal obligation to provide financial support in respect of the young person; and (b) in a subparagraph (a)(ii) case—the adult is not included in a class of people specified for the purposes of this paragraph in the Subsidy Principles; and (c) the young person is not: (i) in full-time employment; or (ii) in receipt of a social security pension (within the meaning of the Social Security Act 1991) or a social security benefit (within the meaning of that Act); or (iii) included in a class of people specified in the Subsidy Principles.
A reference in subsection (2) to a young person is a reference to any of the following: (a) a person under 16 years of age; (b) a person who: (i) has reached 16 years of age, but is under 25 years of age; and (ii) is receiving full-time education at a school, college or university; (c) a person included in a class of people specified in the Subsidy Principles.
The reference in paragraph (2)(a) to care does not have the meaning given in the Dictionary in Schedule 1.
For the purposes of paragraph (b) of the definition of close relation in subsection (1), if one person is the child of another person because of the definition of child in this section, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 Making determinations
The Secretary must determine the value, at the time specified in the determination, of a person’s assets in accordance with section 44-26A, if the person: (a) applies in the approved form for the determination; and (b) gives the Secretary sufficient information to make the determination. The time specified must be at or before the determination is made. Note 1: Determinations are reviewable under Part 6.1. Note 2: An application can be made under this section for the purposes of section 52J-5: see subsection 52J-5(3). Giving notice of the determination
Within 14 days after making the determination, the Secretary must give the person a copy of the determination. When the determination is in force
The determination is in force for the period specified in, or worked out under, the determination.
However, the Secretary may by written instrument revoke the determination if he or she is satisfied that it is incorrect. The determination ceases to be in force on a day specified in the instrument (which may be before the instrument is made). Note: Revocations of determinations are reviewable under Part 6.1.
Within 14 days after revoking the determination, the Secretary must give written notice of the revocation and the day the determination ceases being in force to: (a) the person; and (b) if the Secretary is aware that the person has given an approved provider a copy of the determination—the approved provider. Aged Care (Living Longer Living Better) Act 2013 69 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
A determination made under subsection (1) is not a legislative instrument.
Before “The other”, insert “(1)”.
Omit “step 5”, substitute “step 4”.
Omit “pensioner”, substitute “accommodation”.
Repeal the paragraphs, substitute: (b) the hardship supplement (see section 44-30); (c) any other supplement set out in the Subsidy Principles for the purposes of this paragraph.
Repeal the note.
Add:
The Subsidy Principles may specify, in respect of each other supplement set out for the purposes of paragraph (1)(c), the circumstances in which the supplement will apply to a care recipient in respect of a * payment period.
The Minister may determine by legislative instrument, in respect of each such supplement, the amount of the supplement, or the way in which the amount of the supplement is to be worked out.
Repeal the section, substitute:
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
The accommodation supplement for the care recipient in respect of the * payment period is the sum of all the accommodation supplements for the days during the period on which: (a) the care recipient was provided with residential care (other than * respite care) through the * residential care service in question; and (b) the care recipient was eligible for accommodation supplement.
The care recipient is eligible for * accommodation supplement on a particular day if: (a) on that day: (i) the care recipient’s * classification level is not the lowest applicable classification level; and (ii) the residential care service is * certified; and (iii) the residential care provided to the care recipient is not provided on an extra service basis; and (b) on the day (the entry day) on which the care recipient entered the residential care service, the care recipient’s means tested amount was less than the maximum accommodation supplement amount for the entry day.
The care recipient is also eligible for * accommodation supplement on a particular day if, on that day, a * financial hardship determination under section 52K-1 is in force for the person.
The * accommodation supplement for a particular day is the amount: (a) determined by the Minister by legislative instrument; or (b) worked out in accordance with a method determined by the Minister by legislative instrument.
The Minister may determine different amounts (including nil amounts) or methods based on any one or more of the following: (a) the income of a care recipient; (b) the value of assets held by a care recipient; Aged Care (Living Longer Living Better) Act 2013 71 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (c) the status of the building in which the residential care service is provided; (d) any other matter specified in the Subsidy Principles.
Repeal the section.
Omit “Subject to subsection (4), the”, substitute “The”.
Omit “Residential Care”.
Omit “the maximum daily amount of resident fees worked out under section 58-2”, substitute “a daily amount of resident fees of more than the amount specified in the Principles”.
Add: The specified amount may be nil.
Omit “Subject to subsection (4), the”, substitute “The”.
Repeal the subsection.
Repeal the subsections, substitute:
The Secretary may, in accordance with the Subsidy Principles, determine that the care recipient is eligible for a hardship supplement if the Secretary is satisfied that paying a daily amount of resident fees of more than the amount specified in the determination would cause the care recipient financial hardship. Note: Refusals to make determinations are reviewable under Part 6.1.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
In deciding whether to make a determination under this section, and in determining the specified amount, the Secretary must have regard to the matters (if any) specified in the Subsidy Principles. The specified amount may be nil.
Repeal the section, substitute:
The Secretary may, in accordance with the Subsidy Principles, revoke a determination under section 44-31. Note: Revocations of determinations are reviewable under Part 6.1.
Before deciding to revoke the determination, the Secretary must notify the care recipient and the approved provider concerned that revocation is being considered.
The notice must be in writing and must: (a) invite the care recipient and the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and (b) inform them that if no submissions are made within that period, the revocation takes effect on the day after the last day for making submissions.
In making the decision whether to revoke the determination, the Secretary must consider any submissions received within the period for making submissions. The Secretary must make the decision within 28 days after the end of that period.
The Secretary must notify, in writing, the care recipient and the approved provider of the decision.
The notice must be given to the care recipient and the approved provider within 28 days after the end of the period for making submissions.
If the notice is not given within that period, the Secretary is taken to have decided not to revoke the determination. Aged Care (Living Longer Living Better) Act 2013 73 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
A revocation has effect: (a) if the care recipient and the approved provider received notice under subsection (5) on the same day—the day after that day; or (b) if they received the notice on different days—the day after the later of those days.
Omit “Home Care”.
Omit “Home Care Subsidy Principles. The provisions”, substitute “Subsidy Principles. Provisions”.
Omit “Home Care”.
Omit “Home Care”.
Omit “Home Care”.
Omit “Home Care”.
Omit “Home Care”.
Repeal the section, substitute:
The amount of * home care subsidy payable to an approved provider for a home care service in respect of a * payment period is the amount worked out by adding together the amounts of home care subsidy for each care recipient:
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (a) in respect of whom there is in force a * home care agreement for provision of home care provided through the service during the period; and (b) in respect of whom the approved provider was eligible for home care subsidy during the period.
This is how to work out the amount of * home care subsidy for a care recipient in respect of the * payment period. Step 1. Work out the basic subsidy amount using section 48-2. Step 2. Add to this amount the amounts of any primary supplements worked out using section 48-3. Step 3. Subtract the amounts of any reductions in subsidy worked out using section 48-4. Step 4. Add the amounts of any other supplements worked out using section 48-9. The result is the amount of home care subsidy for the care recipient in respect of the * payment period.
The basic subsidy amount for the care recipient in respect of the * payment period is the sum of all the basic subsidy amounts for the days during the period on which the care recipient was provided with home care through the home care service in question.
The basic subsidy amount for a day is the amount determined by the Minister by legislative instrument.
The Minister may determine different amounts (including nil amounts) based on any one or more of the following: (a) the levels for care recipients being provided with home care; (b) any other matters specified in the Subsidy Principles; (c) any other matters determined by the Minister. Aged Care (Living Longer Living Better) Act 2013 75 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
The primary supplements for the care recipient under step 2 of the home care subsidy calculator are such of the following primary supplements as apply to the care recipient in respect of the * payment period: (a) the following primary supplements as set out in the Subsidy Principles: (i) the oxygen supplement; (ii) the enteral feeding supplement; (iii) the dementia and cognition supplement; (iv) the veterans’ supplement; (v) the workforce supplement; (b) any other primary supplement set out in the Subsidy Principles for the purposes of this paragraph.
The Subsidy Principles may specify, in respect of each primary supplement, the circumstances in which the supplement will apply to a care recipient in respect of a * payment period.
The Minister may determine by legislative instrument, in respect of each such supplement, the amount of the supplement, or the way in which the amount of the supplement is to be worked out. The reductions in subsidy for the care recipient under step 3 of the home care subsidy calculator are such of the following reductions as apply to the care recipient in respect of the * payment period: (a) the compensation payment reduction (see sections 48-5 and 48-6); (b) the care subsidy reduction (see sections 48-7 and 48-8).
The compensation payment reduction for the care recipient in respect of the * payment period is the sum of all compensation payment reductions for days during the period:
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (a) on which the care recipient is provided with home care through the home care service in question; and (b) that are covered by a compensation entitlement.
For the purposes of this section, a day is covered by a compensation entitlement if: (a) the care recipient is entitled to compensation under a judgement, settlement or reimbursement arrangement; and (b) the compensation takes into account the cost of providing home care to the care recipient on that day; and (c) the application of compensation payment reductions to the care recipient for preceding days has not resulted in reductions in subsidy that, in total, exceed or equal the part of the compensation that relates, or is to be treated under subsection (5) or (6) as relating, to future costs of providing home care.
The compensation payment reduction for a particular day is an amount equal to the amount of * home care subsidy that would be payable for the care recipient in respect of the * payment period if: (a) the care recipient was provided with home care on that day only; and (b) this section and sections 48-9 and 48-10 did not apply.
However, if: (a) the compensation payment reduction arises from a judgement or settlement that fixes the amount of compensation on the basis that liability should be apportioned between the care recipient and the compensation payer; and (b) as a result, the amount of compensation is less than it would have been if liability had not been so apportioned; and (c) the compensation is not paid in a lump sum; the amount of the compensation payment reduction under subsection (3) is reduced by the proportion corresponding to the proportion of liability that is apportioned to the care recipient by the judgement or settlement.
If a care recipient is entitled to compensation under a judgement or settlement that does not take into account the future costs of Aged Care (Living Longer Living Better) Act 2013 77 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 providing home care to the care recipient, the Secretary may, in accordance with the Subsidy Principles, determine: (a) that, for the purposes of this section, the judgement or settlement is to be treated as having taken into account the cost of providing that home care; and (b) the part of the compensation that, for the purposes of this section, is to be treated as relating to the future costs of providing home care. Note: Determinations are reviewable under Part 6.1.
If: (a) a care recipient is entitled to compensation under a settlement; and (b) the settlement takes into account the future costs of providing home care to the recipient; and (c) the Secretary is satisfied that the settlement does not adequately take into account the future costs of providing home care to the care recipient; the Secretary may, in accordance with the Subsidy Principles, determine the part of the compensation that, for the purposes of this section, is to be treated as relating to the future costs of providing home care. Note: Determinations are reviewable under Part 6.1.
A determination under subsection (5) or (6) must be in writing and notice of it must be given to the care recipient.
A determination under subsection (5) or (6) is not a legislative instrument.
In this section, the following terms have the same meanings as in the Health and Other Services (Compensation) Act 1995: compensation payer reimbursement arrangement
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
This section applies if: (a) the Secretary believes on reasonable grounds that a care recipient is entitled to compensation under a judgement, settlement or reimbursement arrangement; and (b) the Secretary does not have sufficient information to apply section 48-5 in relation to the compensation.
The Secretary may, by notice in writing given to a person, require the person to give information or produce a document that is in the person’s custody, or under the person’s control, if the Secretary believes on reasonable grounds that the information or document may be relevant to the application of section 48-5 in relation to the compensation.
The notice must specify: (a) how the person is to give the information or produce the document; and (b) the period within which the person is to give the information or produce the document. Note: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to notice given under this section.
If the information or document is not given or produced within the specified period, the Secretary may determine compensation payment reductions for the care recipient. Note: Decisions to determine compensation payment reductions under this section are reviewable under Part 6.1.
The compensation payment reductions must be determined in accordance with the Subsidy Principles.
The care subsidy reduction for the care recipient for the * payment period is the sum of all the care subsidy reductions for days during the period on which the care recipient is provided with home care through the home care service in question. Aged Care (Living Longer Living Better) Act 2013 79 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Subject to this section and section 48-8, the care subsidy reduction for a particular day is worked out as follows: Step 1. Work out the care recipient’s total assessable income on a yearly basis using section 44-24. Step 2. Work out the care recipient’s total assessable income free area using section 44-26. Step 3. If the care recipient’s total assessable income does not exceed the care recipient’s total assessable income free area, the care subsidy reduction is zero. Step 4. If the care recipient’s total assessable income exceeds the care recipient’s total assessable income free area but not the income threshold, the care subsidy reduction is equal to the lowest of the following: (a) the sum of the basic subsidy amount for the care recipient and all primary supplements for the care recipient; (b) 50% of the amount by which the care recipient’s total assessable income exceeds the income free area (worked out on a per day basis); (c) the amount (the first cap) determined by the Minister by legislative instrument for the purposes of this paragraph. Step 5. If the care recipient’s total assessable income exceeds the income threshold, the care subsidy reduction is equal to the lowest of the following: (a) the sum of the basic subsidy amount for the care recipient and all primary supplements for the care recipient;
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (b) 50% of the amount by which the care recipient’s total assessable income exceeds the income threshold (worked out on a per day basis) plus the amount specified in paragraph (c) of step 4; (c) the amount (the second cap) determined by the Minister by legislative instrument for the purposes of this paragraph.
If the care recipient has not provided sufficient information about the care recipient’s income for the care recipient’s care subsidy reduction to be determined, the care subsidy reduction is equal to the lesser of the following: (a) the sum of the basic subsidy amount for the care recipient and all primary supplements for the care recipient; (b) the second cap.
If, apart from this subsection, the sum of all the * combined care subsidy reductions made for the care recipient during a * start-date year for the care recipient would exceed the annual cap applying at the time for the care recipient, the care subsidy reduction for the remainder of the start-date year is zero.
If, apart from this subsection, the sum of all the previous * combined care subsidy reductions made for the care recipient would exceed the lifetime cap applying at the time, the care subsidy reduction for the remainder of the care recipient’s life is zero.
The income threshold is the amount determined by the Minister by legislative instrument.
The annual cap, for the care recipient, is the amount determined by the Minister by legislative instrument for the class of care recipients of which the care recipient is a member.
The lifetime cap is the amount determined by the Minister by legislative instrument. Aged Care (Living Longer Living Better) Act 2013 81 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
The care subsidy reduction in respect of the care recipient is taken to be zero for each day, during the * payment period, on which one or more of the following applies: (a) a determination was in force under subsection (2) in relation to the care recipient; (b) the care recipient was included in a class of people specified in the Subsidy Principles.
The Secretary may, in accordance with the Subsidy Principles, determine that the care subsidy reduction in respect of the care recipient is to be taken to be zero. Note: Refusals to make determinations are reviewable under Part 6.1.
The determination ceases to be in force at the end of the period (if any) specified in the determination. Note: Decisions specifying periods are reviewable under Part 6.1.
In deciding whether to make a determination, the Secretary must have regard to the matters specified in the Subsidy Principles.
Application may be made to the Secretary, in the form approved by the Secretary, for a determination under subsection (2) in respect of a care recipient. The application may be made by: (a) the care recipient; or (b) an approved provider that is providing, or is to provide, home care to the care recipient.
The Secretary must notify the care recipient and the approved provider, in writing, of the Secretary’s decision on whether to make the determination. The notice must be given: (a) if an application for a determination was made under subsection (5)—within 28 days after the application was made, or, if the Secretary requested further information in relation to the application, within 28 days after receiving the information; or (b) if such an application was not made—within 28 days after the decision is made.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
A determination under subsection (2) is not a legislative instrument.
The other supplements for the care recipient under step 4 of the home care subsidy calculator are such of the following supplements as apply to the care recipient in respect of the * payment period: (a) the hardship supplement (see section 48-10); (b) any other supplement set out in the Subsidy Principles for the purposes of this paragraph.
The Subsidy Principles may specify, in respect of each other supplement set out for the purposes of paragraph (1)(b), the circumstances in which the supplement will apply to a care recipient in respect of a * payment period.
The Minister may determine by legislative instrument, in respect of each such other supplement, the amount of the supplement, or the way in which the amount of the supplement is to be worked out.
The hardship supplement for the care recipient in respect of the * payment period is the sum of all the hardship supplements for the days during the period on which: (a) the care recipient was provided with home care through the home care service in question; and (b) the care recipient was eligible for a hardship supplement.
The care recipient is eligible for a hardship supplement on a particular day if: (a) the Subsidy Principles specify one or more classes of care recipients to be care recipients for whom paying a daily amount of home care fees of more than the amount specified in the Principles would cause financial hardship; and (b) on that day, the care recipient is included in such a class. The specified amount may be nil. Aged Care (Living Longer Living Better) Act 2013 83 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
The care recipient is also eligible for a hardship supplement on a particular day if a determination is in force under section 48-11 in relation to the care recipient.
The hardship supplement for a particular day is the amount: (a) determined by the Minister by legislative instrument; or (b) worked out in accordance with a method determined by the Minister by legislative instrument.
The Minister may determine different amounts (including nil amounts) or methods based on any matters determined by the Minister by legislative instrument.
The Secretary may, in accordance with the Subsidy Principles, determine that the care recipient is eligible for a hardship supplement if the Secretary is satisfied that paying a daily amount of home care fees of more than the amount specified in the determination would cause the care recipient financial hardship. Note: Refusals to make determinations are reviewable under Part 6.1.
In deciding whether to make a determination under this section, and in determining the specified amount, the Secretary must have regard to the matters (if any) specified in the Subsidy Principles. The specified amount may be nil.
A determination under this section ceases to be in force at the end of a specified period, or on the occurrence of a specified event, if the determination so provides. Note: Decisions to specify periods or events are reviewable under Part 6.1.
Application may be made to the Secretary, in the form approved by the Secretary, for a determination under this section. The application may be made by: (a) the care recipient; or (b) an approved provider who is providing, or is to provide, home care to the care recipient.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
If the Secretary needs further information to determine the application, the Secretary may give to the applicant a notice requesting the applicant to give the further information: (a) within 28 days after receiving the notice; or (b) within such other period as is specified in the notice.
The application is taken to have been withdrawn if the information is not given within whichever of those periods applies. The notice must contain a statement setting out the effect of this subsection. Note: The period for giving the further information can be extended—see section 96-7.
The Secretary must notify the care recipient and the approved provider, in writing, of the Secretary’s decision on whether to make the determination. The notice must be given: (a) within 28 days after receiving the application; or (b) if the Secretary has requested further information under subsection (5)—within 28 days after receiving the information.
If the Secretary makes the determination, the notice must set out: (a) any period at the end of which; or (b) any event on the occurrence of which; the determination will cease to be in force.
A determination under subsection (1) is not a legislative instrument.
The Secretary may, in accordance with the Subsidy Principles, revoke a determination under section 48-11. Note: Revocations of determinations are reviewable under Part 6.1.
Before deciding to revoke the determination, the Secretary must notify the care recipient and the approved provider concerned that revocation is being considered.
The notice must be in writing and must: Aged Care (Living Longer Living Better) Act 2013 85 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (a) invite the care recipient and the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and (b) inform them that if no submissions are made within that period, the revocation takes effect on the day after the last day for making submissions.
In making the decision whether to revoke the determination, the Secretary must consider any submissions received within the period for making submissions. The Secretary must make the decision within 28 days after the end of that period.
The Secretary must notify, in writing, the care recipient and the approved provider of the decision.
The notice must be given to the care recipient and the approved provider within 28 days after the end of the period for making submissions.
If the notice is not given within that period, the Secretary is taken to have decided not to revoke the determination.
A revocation has effect: (a) if the care recipient and the approved provider received notice under subsection (5) on the same day—the day after that day; or (b) if they received the notice on different days—the day after the later of those days.
Omit “Flexible Care”.
Omit “Flexible Care Subsidy Principles. The provisions”, substitute “Subsidy Principles. Provisions”.
Omit “Flexible Care”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 Omit “Flexible Care”. Omit “Flexible Care”. Omit “Flexible Care”.
Insert:
Care recipients contribute to the cost of their care by paying resident fees or home care fees (see Part 3A.1). Care recipients may pay for, or contribute to the cost of, accommodation provided with residential care or eligible flexible care by paying an * accommodation payment or an * accommodation contribution (see Part 3A.2). Accommodation payments or accommodation contributions may be paid by: • * daily payments; or • * refundable deposit; or • a combination of refundable deposit and daily payments. Rules for managing refundable deposits, * accommodation bonds and * entry contributions are set out in Part 3A.3. Accommodation Aged Care (Living Longer Living Better) Act 2013 87 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 bonds and entry contributions are paid under the Aged Care (Transitional Provisions) Act 1997.
Care recipients may pay, or contribute to the cost of, residential care and home care by paying resident fees or home care fees.
Resident fees and home care fees are also dealt with in the Fees and Payments Principles. Provisions in this Part indicate when a particular matter is or may be dealt with in these Principles. Note: The Fees and Payments Principles are made by the Minister under section 96-1.
Fees charged to a care recipient for, or in connection with, residential care provided to the care recipient through a residential care service are resident fees.
The following apply: (a) subject to section 52C-5, the resident fee in respect of any day must not exceed the sum of:
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (i) the maximum daily amount worked out under section 52C-3; and (ii) such other amounts as are specified in, or worked out in accordance with, the Fees and Payments Principles; (b) the care recipient must not be required to pay resident fees more than one month in advance; (c) the care recipient must not be required to pay resident fees for any period prior to * entry to the residential care service, other than for a period in which the care recipient is, because of subsection 42-3(3), taken to be on * leave under section 42-2; (d) if the care recipient dies or departs from the service—any fees paid in advance in respect of a period occurring after the care recipient dies or leaves must be refunded in accordance with the Fees and Payments Principles.
The maximum daily amount of resident fees payable by the care recipient is the amount worked out as follows: Step 1. Work out the * standard resident contribution for the care recipient using section 52C-4. Step 2. Add the compensation payment fee (if any) for the care recipient for the day in question (see subsection (2)). Step 3. Add the means tested care fee (if any) for the care recipient for that day (see subsection (3)). Step 4. Subtract the amount of any hardship supplement applicable to the care recipient for the day in question under section 44-30. Step 5. Add any other amounts agreed between the care recipient and the approved provider in accordance with the Fees and Payments Principles. Aged Care (Living Longer Living Better) Act 2013 89 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 Step 6. If, on the day in question, the * place in respect of which residential care is provided to the care recipient has * extra service status, add the extra service fee in respect of the place. The result is the maximum daily amount of resident fees for the care recipient.
The compensation payment fee for a care recipient for a particular day is the amount equal to the compensation payment reduction applicable to the care recipient on that day (see sections 44-20 and 44-20A).
The means tested care fee for a care recipient for a particular day is: (a) the amount equal to the care subsidy reduction applicable to the care recipient on that day (see sections 44-21 and 44-23); or (b) if the care recipient is receiving respite care—zero. The standard resident contribution for a care recipient is: (a) the amount determined by the Minister by legislative instrument; or (b) if no amount is determined under paragraph (a) for the care recipient—the amount obtained by rounding down to the nearest cent the amount equal to 85% of the * basic age pension amount (worked out on a per day basis). If: (a) a care recipient is absent from a residential care service on a particular day; and (b) the person is not on * leave from the residential care service on that day because of the operation of paragraph 42-2(3)(c);
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 the maximum fee in respect of a day that can be charged for reserving a place in the residential care service for that day is the sum of the following amounts: (c) the maximum daily amount under section 52C-3 that would have been payable by the care recipient if the care recipient had been provided with residential care through the residential care service on that day; (d) the amount that would have been the amount of * residential care subsidy under Division 44 for the care recipient in respect of that day, if the care recipient had been provided with residential care through the residential care service on that day.
Fees charged to a care recipient for, or in connection with, home care provided to the care recipient through a home care service are home care fees.
The following apply: (a) the home care fee in respect of any day must not exceed the sum of: (i) the maximum daily amount worked out under section 52D-2; and (ii) such other amounts as are specified in, or worked out in accordance with, the Fees and Payments Principles; (b) the care recipient must not be required to pay home care fees more than one month in advance; (c) the care recipient must not be required to pay home care fees for any period prior to being provided with the home care; (d) if the care recipient dies or provision of home care ceases— any fees paid in advance in respect of a period occurring after the care recipient’s death, or the cessation of home care, must be refunded in accordance with the Fees and Payments Principles. Aged Care (Living Longer Living Better) Act 2013 91 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
The maximum daily amount of home care fees payable by the care recipient is the amount worked out as follows: Step 1. Work out the basic daily care fee using section 52D-3. Step 2. Add the compensation payment fee (if any) for the care recipient for the day in question (see subsection (2)). Step 3. Add the income tested care fee (if any) for the care recipient for the day in question (see subsection (3)). Step 4. Subtract the amount of any hardship supplement applicable to the care recipient for the day in question under section 48-10. Step 5. Add any other amounts agreed between the care recipient and the approved provider in accordance with the Fees and Payments Principles. The result is the maximum daily amount of home care fees for the care recipient.
The compensation payment fee for a care recipient for a particular day is the amount equal to the compensation payment reduction applicable to the care recipient on that day (see sections 48-5 and 48-6).
The income tested care fee for a care recipient for a particular day is the amount equal to the care subsidy reduction applicable to the care recipient on that day (see sections 48-7 and 48-8). The basic daily care fee for a care recipient is: (a) the amount determined by the Minister by legislative instrument; or
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (b) if no amount is determined under paragraph (a) for the care recipient—the amount obtained by rounding down to the nearest cent the amount equal to 17.5% of the * basic age pension amount (worked out on a per day basis).
Care recipients may pay for, or contribute to the cost of, accommodation provided with residential care or eligible flexible care by paying an * accommodation payment or an * accommodation contribution. Accommodation payments or accommodation contributions may be paid by: • * daily payments; or • * refundable deposit; or • a combination of refundable deposit and daily payments.
Aged Care (Living Longer Living Better) Act 2013 93 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 * Accommodation payments and * accommodation contributions are also dealt with in the Fees and Payments Principles. Provisions in this Part indicate when a particular matter is or may be dealt with in these Principles. Note: The Fees and Payments Principles are made by the Minister under section 96-1.
Before a person enters a residential care service or an * eligible flexible care service, the provider of the service must: (a) give the person: (i) an * accommodation agreement; and (ii) such other information as is specified in the Fees and Payments Principles; and (b) agree with the person, in writing, about the maximum amount that would be payable if the person paid an * accommodation payment for the service. Note: Whether or not a person pays an accommodation payment depends on their means tested amount, which may not be worked out before they enter the service.
A flexible care service is an eligible flexible care service if the service is permitted, under the Fees and Payments Principles, to charge * accommodation payments.
An approved provider must enter into an * accommodation agreement with a person: (a) before, or within 28 days after, the person enters the provider’s service; or (b) within that period as extended under subsection (2).
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
If, within 28 days after the person (the care recipient) enters the service: (a) the approved provider and the care recipient have not entered into an * accommodation agreement; and (b) a process under a law of the Commonwealth, a State or a Territory has begun for a person (other than an approved provider) to be appointed, by reason that the care recipient has a mental impairment, as the care recipient’s legal representative; the time limit for entering into the agreement is extended until the end of 7 days after: (c) the appointment is made; or (d) a decision is made not to make the appointment; or (e) the process ends for some other reason; or for such further period as the Secretary allows, having regard to any matters specified in the Fees and Payments Principles.
The * accommodation agreement must set out the following: (a) the person’s date (or proposed date) of * entry to the service; (b) that the person will pay an * accommodation payment if: (i) the person’s * means tested amount at the date of entry is equal to, or greater than, the * maximum accommodation supplement amount for that day; or (ii) the person does not provide sufficient information to allow the person’s means tested amount to be worked out; (c) that, if the person’s means tested amount at the date of entry is less than the maximum accommodation supplement amount for that day, the person may pay an * accommodation contribution, depending on the person’s means tested amount; (d) that a determination under section 52K-1 (financial hardship) may reduce the accommodation payment or accommodation contribution, including to nil; Aged Care (Living Longer Living Better) Act 2013 95 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (e) that, within 28 days after the date of entry, the person must choose to pay the accommodation payment or accommodation contribution (if payable) by: (i) * daily payments; or (ii) * refundable deposit; or (iii) a combination of refundable deposit and daily payments; (f) that, if the person does not choose how to pay within those 28 days, the person must pay by daily payments; (g) that, if the person chooses to pay a refundable deposit within those 28 days: (i) the person will not be required to pay the refundable deposit until 6 months after the date of entry; and (ii) daily payments must be paid until the refundable deposit is paid; (h) the amounts that are permitted to be deducted from a refundable deposit; (i) the circumstances in which a refundable deposit balance must be refunded; (j) any other conditions relating to the payment of a refundable deposit; (k) such other matters as are specified in the Fees and Payments Principles.
In relation to an * accommodation payment, the agreement must set out the following: (a) the amount of * daily accommodation payment that would be payable, as agreed under paragraph 52F-1(1)(b); (b) the amount of * refundable accommodation deposit that would be payable if no daily accommodation payments were paid; (c) the method for working out amounts that would be payable as a combination of refundable accommodation deposit and daily accommodation payments; (d) that, if the person pays a refundable accommodation deposit, the approved provider: (i) must, at the person’s request, deduct daily accommodation payments for the person from the refundable accommodation deposit; and
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (ii) may require the person to maintain the agreed accommodation payment if the refundable accommodation deposit is reduced; (e) that, if the person is required to maintain the agreed accommodation payment because the refundable accommodation deposit has been reduced, the person may do so by: (i) paying daily accommodation payments or increased daily accommodation payments; or (ii) topping up the refundable accommodation deposit; or (ii) a combination of both.
In relation to an * accommodation contribution, the agreement must set out the following: (a) that the amount of accommodation contribution for a day will not exceed the amount assessed for the person based on the person’s * means tested amount; (b) that the amount of accommodation contribution payable will vary from time to time depending on: (i) the * accommodation supplement applicable to the service; and (ii) the person’s means tested amount; (c) the method for working out amounts that would be payable by: (i) * refundable accommodation contribution; or (ii) a combination of * refundable accommodation contribution and * daily accommodation contributions; (d) that, if the person pays a refundable accommodation contribution, the approved provider: (i) must, at the person’s request, deduct daily accommodation contributions for the person from the refundable accommodation contribution; and (ii) may require the person to maintain the accommodation contribution that is payable if the refundable accommodation contribution is reduced; (e) that, if the person is required to maintain the accommodation contribution because the refundable accommodation contribution has been reduced, the person may do so by: Aged Care (Living Longer Living Better) Act 2013 97 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (i) paying * daily accommodation contributions or increased daily accommodation contributions; or (ii) paying or topping up a * refundable accommodation contribution; or (ii) a combination of both; (f) that, if the amount of accommodation contribution that is payable increases, the approved provider may require the person to pay the increase; (g) that, if the person is required to pay the increase, the person may do so by: (i) paying daily accommodation contributions or increased daily accommodation contributions; or (ii) paying or topping up a refundable accommodation contribution; or (ii) a combination of both. The approved provider must not require the person to choose how to pay an * accommodation payment or * accommodation contribution before the person * enters the service. If the * accommodation agreement is for a flexible care service, the accommodation agreement is not required to deal with the matters in section 52F-3 to the extent that they relate to * accommodation contributions. The * accommodation agreement may be included in another agreement. Note: For example, an accommodation agreement could be part of a resident agreement.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 The * accommodation agreement has effect subject to this Act, and any other law of the Commonwealth.
* Accommodation payments and * accommodation contributions may be charged only in accordance with this Division. Rules about * daily payments and * refundable deposits are set out in Divisions 52H and 52J. 52G-A Rules about accommodation payments 52G-B Rules about accommodation contributions
The rules for charging * accommodation payment for a residential care service or * eligible flexible care service are as follows: (a) a person must not be charged an accommodation payment unless: (i) the person’s * means tested amount, at the date the person * enters the service, is equal to or greater than the * maximum accommodation supplement amount for that day; or (ii) the person has not provided sufficient information to allow the person’s means tested amount to be worked out; (b) an accommodation payment must not be charged for * respite care; Aged Care (Living Longer Living Better) Act 2013 99 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (c) an accommodation payment must not exceed the maximum amount determined by the Minister under section 52G-3, or such higher amount as approved by the * Aged Care Pricing Commissioner under section 52G-4; (d) accommodation payment must not be charged: (i) if it is prohibited under Part 4.4 (see paragraph 66-1(j)); or (ii) for a residential care service that is not * certified; (e) an approved provider must comply with: (i) the rules set out this Division; and (ii) any rules about charging accommodation payments specified in the Fees and Payments Principles.
The Minister may, by legislative instrument, determine the maximum amount of * accommodation payment that an approved provider may charge a person.
The determination may set out: (a) the maximum * daily accommodation payment amount and a method for working out * refundable accommodation deposit amounts; or (b) methods for working out both: (i) the maximum daily accommodation payment amount; and (ii) refundable accommodation deposit amounts.
The approved provider may charge less than the maximum amount.
An * approved provider may apply to the * Aged Care Pricing Commissioner for approval to charge an * accommodation payment that is higher than the maximum amount of accommodation payment determined by the Minister under section 52G-3 for: (a) a residential care service or flexible care service; or
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (b) a * distinct part of such a service.
The application: (a) must comply with the requirements set out in the Fees and Payments Principles; and (b) must not be made: (i) within the period specified in Fees and Payments Principles after the * Aged Care Pricing Commissioner last made a decision under this section in relation to the service, or the part of the service; or (ii) if no period is specified—within 12 months after that last decision.
If the * Aged Care Pricing Commissioner needs further information to determine the application, the Commissioner may give to the applicant a notice requiring the applicant to give the further information: (a) within 28 days after the notice is given; or (b) within such other period as is specified in the notice.
The application is taken to have been withdrawn if the information is not given within whichever of those periods applies. The notice under subsection (3) must contain a statement setting out the effect of this subsection.
The * Aged Care Pricing Commissioner may, in writing and in accordance with the Fees and Payments Principles, approve the higher maximum amount of * accommodation payment specified in the application. Note: A decision not to approve a higher maximum amount of accommodation payment is reviewable under Part 6.1.
If the * Aged Care Pricing Commissioner approves the higher maximum amount of * accommodation payment, the amount applies only in relation to a person: (a) who at the date of approval has not entered into an * accommodation agreement with the approved provider; and (b) whose * entry to the service occurs on or after the date of the approval. Aged Care (Living Longer Living Better) Act 2013 101 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
An approval under subsection (5) is not a legislative instrument. An approved provider must not accept a payment that would result in a person paying an amount of * accommodation payment that is greater than the amount set out in the person’s * accommodation agreement.
The rules for charging * accommodation contribution for a residential care service are as follows: (a) a person must not be charged an accommodation contribution unless the person’s * means tested amount, at the date the person * enters the service, is less than the * maximum accommodation supplement amount for that day; (b) an accommodation contribution must not be charged for * respite care; (c) the amount of accommodation contribution for a day must not exceed: (i) the accommodation supplement applicable to the service for the day; or (ii) the amount assessed for the person based on the person’s means tested amount; (d) accommodation contribution must not be charged: (i) if it is prohibited under Part 4.4 (see paragraph 66-1(j)); or (ii) for a residential care service that is not * certified; (e) an approved provider must comply with: (i) the rules set out in this Division; and (ii) any rules about charging accommodation contributions specified in the Fees and Payments Principles.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 Note: A person who does not provide sufficient information to allow the person’s means tested amount to be worked out will be charged an accommodation payment: see paragraph 52G-2(a).
A person must not be required to pay a * daily payment more than 1 month in advance.
A * daily payment does not accrue for any day after the provision of care to the person ceases.
A * daily payment does not accrue for a residential care service for any day during which the residential care service is not * certified.
A person may be charged interest on the balance of any amount of * daily payment that: (a) is payable by the person; and (b) has been outstanding for more than 1 month.
Subsection (1) does not apply unless the person’s * accommodation agreement provides for the charging of such interest at a specified rate.
However, the rate charged must not exceed the maximum rate determined by the Minister under subsection (4).
The Minister may, by legislative instrument, determine the maximum rate of interest that may be charged on an outstanding amount of * daily payment. The Fees and Payments Principles may specify: (a) when * daily payments are to be made; and Aged Care (Living Longer Living Better) Act 2013 103 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (b) any other matter relating to the payment of daily payments.
A person may choose to pay a * refundable deposit at any time after the person has entered into an * accommodation agreement.
A person may increase the amount of a * refundable deposit at any time after the person has paid the refundable deposit. Note: A person cannot overpay a refundable deposit: see section 52G-5 and paragraph 52G-6(c).
This section has effect despite paragraphs 52F-3(1)(e) and (f). Note: For rules relating to the management of refundable deposits, see Part 3A.3. The Fees and Payments Principles may specify: (a) how a choice to pay a * refundable deposit is to be made; and (b) any other matter relating to the payment of refundable deposits. Entering a service that is not certified
The provider of a residential care service that is not * certified must not require payment of a * refundable deposit: (a) before the end of the period specified in the Fees and Payments Principles after the service is certified; or (b) if no period is specified—before the end of 6 months after the service is certified. Certification of service is revoked
If a person pays a * refundable deposit for a residential care service and the * certification of the service is later revoked, the provider of
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 the service must pay the person interest, in accordance with the Fees and Payments Principles, on the * refundable deposit balance for each day that the service is not certified.
An approved provider must not accept payment of an amount of * refundable deposit from a person if: (a) the person provides sufficient information to allow the person’s * means tested amount to be worked out; and (b) the person pays, or commits to paying, the amount within 28 days after entering the service; and (c) payment of the amount would leave the value of the person’s remaining assets at less than the * minimum permissible asset value.
The minimum permissible asset value is: (a) the amount obtained by rounding to the nearest $500.00 (rounding $250.00 upwards) the amount equal to 2.25 times the * basic age pension amount at the time the person * enters the residential care service or flexible care service; or (b) such higher amount as is specified in, or worked out in accordance with, the Fees and Payments Principles.
The value of a person’s assets is to be worked out: (a) in the same way as it would be worked out under section 44-26A for the purposes of section 44-22; but (b) disregarding subsection 44-26A(7). An approved provider may retain income derived from a * refundable deposit.
An approved provider must deduct a * daily payment from a * refundable deposit paid by a person if: (a) the person has requested the deduction in writing; and Aged Care (Living Longer Living Better) Act 2013 105 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (b) the daily payment is payable by the person.
An approved provider may deduct the following from a * refundable deposit paid by a person: (a) the amounts specified in the Fees and Payments Principles that may be deducted when the person leaves the service; (b) any amounts that the person has agreed in writing may be deducted; (c) such other amounts (if any) as are specified in the Fees and Payments Principles.
The approved provider must not deduct any other amount from a * refundable deposit.
The Secretary may, in accordance with the Fees and Payments Principles, determine that a person must not be charged an * accommodation payment or * accommodation contribution more than the amount specified in the determination because payment of more than that amount would cause the person financial hardship. Note: Refusals to make determinations are reviewable under Part 6.1.
In deciding whether to make a determination under this section, and in determining the specified amount, the Secretary must have regard to the matters (if any) specified in the Fees and Payments Principles. The specified amount may be nil.
The determination ceases to be in force at the end of a specified period or on the occurrence of a specified event, if the determination so provides. Note: Decisions to specify periods or events are reviewable under Part 6.1.
Application may be made to the Secretary, in the form approved by the Secretary, for a determination under this section. The application may be made by: (a) a person who is liable to pay an * accommodation payment or * accommodation contribution; or
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (b) the approved provider to whom an accommodation payment or accommodation contribution is payable.
If the Secretary needs further information to determine the application, the Secretary may give to the applicant a notice requesting the applicant to give the further information: (a) within 28 days after receiving the notice; or (b) within such other period as is specified in the notice.
The application is taken to have been withdrawn if the information is not given within whichever of those periods applies. The notice must contain a statement setting out the effect of this subsection. Note: The period for giving the further information can be extended—see section 96-7.
The Secretary must notify the person and the approved provider, in writing, of the Secretary’s decision on whether to make the determination. The notice must be given: (a) within 28 days after receiving the application; or (b) if the Secretary has requested further information under subsection (5)—within 28 days after receiving the information.
If the Secretary makes the determination, the notice must set out: (a) any period at the end of which; or (b) any event on the occurrence of which; the determination will cease to be in force.
A determination under subsection (1) is not a legislative instrument.
The Secretary may, in accordance with the Fees and Payments Principles, revoke a determination under section 52K-1. Note: Revocations of determinations are reviewable under Part 6.1.
Before deciding to revoke the determination, the Secretary must notify the person and the approved provider concerned that revocation is being considered. Aged Care (Living Longer Living Better) Act 2013 107 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
The notice must be in writing and must: (a) invite the person and the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and (b) inform them that if no submissions are made within that period, the revocation takes effect on the day after the last day for making submissions.
In making the decision whether to revoke the determination, the Secretary must consider any submissions received within the period for making submissions. The Secretary must make the decision within 28 days after the end of that period.
The Secretary must notify, in writing, the person and the approved provider of the decision.
The notice must be given to the person and the approved provider within 28 days after the end of the period for making submissions.
If the notice is not given within that period, the Secretary is taken to have decided not to revoke the determination.
A revocation has effect: (a) if the person and the approved provider received notice under subsection (5) on the same day—the day after that day; or (b) if they received the notice on different days—the day after the later of those days.
* Refundable deposits, * accommodation bonds and * entry contributions must be managed in accordance with the prudential
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 requirements made under Division 52M and the rules set out in Division 52N (permitted uses) and Division 52P (refunds).
An * approved provider must comply with the Prudential Standards.
The Fees and Payments Principles may set out Prudential Standards providing for: (a) protection of * refundable deposit balances, * accommodation bond balances and * entry contribution balances of care recipients; and (b) sound financial management of approved providers; and (c) provision of information about the financial management of approved providers.
An approved provider must not use a * refundable deposit or * accommodation bond unless the use is permitted. Permitted use—general
An approved provider is permitted to use a * refundable deposit or * accommodation bond for the following: Aged Care (Living Longer Living Better) Act 2013 109 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (a) for capital expenditure of a kind specified in the Fees and Payments Principles and in accordance with any requirements specified in those Principles; (b) to invest in a financial product covered by subsection (3); (c) to make a loan in relation to which the following conditions are satisfied: (i) the loan is not made to an individual; (ii) the loan is made on a commercial basis; (iii) there is a written agreement in relation to the loan; (iv) it is a condition of the agreement that the money loaned will only be used as mentioned in paragraph (a) or (b); (v) the agreement includes any other conditions specified in the Fees and Payments Principles; (d) to refund, or to repay debt accrued for the purposes of refunding, * refundable deposit balances, * accommodation bond balances or * entry contribution balances; (e) to repay debt accrued for the purposes of capital expenditure of a kind specified in the Fees and Payments Principles; (f) to repay debt that is accrued before 1 October 2011, if the debt is accrued for the purposes of providing * aged care to care recipients; (g) for a use permitted by the Fees and Payments Principles. Note: An approved provider, and the approved provider’s key personnel, may commit an offence if the approved provider uses a refundable deposit or accommodation bond otherwise than for a permitted use (see section 52N-2). Permitted use—financial products
For the purposes of paragraph (2)(b), the following are financial products (within the meaning of section 764A of the Corporations Act 2001) covered by this subsection: (a) any deposit-taking facility made available by an ADI in the course of its banking business (within the meaning of the Banking Act 1959), other than an RSA within the meaning of the Retirement Savings Accounts Act 1997; Note 1: ADI is short for authorised deposit-taking institution. Note 2: RSA is short for retirement savings account.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (b) a debenture, stock or bond issued or proposed to be issued by the Commonwealth, a State or a Territory; (c) a security, other than a security of a kind specified in the Fees and Payments Principles; (d) any of the following in relation to a registered scheme: (i) an interest in the scheme; (ii) a legal or equitable right or interest in an interest covered by subparagraph (i); (iii) an option to acquire, by way of issue, an interest or right covered by subparagraph (i) or (ii); (e) a financial product specified in the Fees and Payments Principles. Permitted uses specified in Fees and Payments Principles
Without limiting paragraph (2)(g), the Fees and Payments Principles may specify that a use of a * refundable deposit or * accommodation bond is only permitted for the purposes of that paragraph if: (a) specified circumstances apply; or (b) the approved provider complies with conditions specified in, or imposed in accordance with, the Fees and Payments Principles. Note: For paragraph (4)(a), the Fees and Payments Principles might, for example, specify that the use of a * refundable deposit is only permitted if the approved provider obtains the prior consent of the Secretary to the use of the deposit. Offence for approved provider
A * corporation commits an offence if: (a) the corporation is or has been an approved provider; and (b) the corporation uses a * refundable deposit or * accommodation bond; and (c) the use of the deposit or bond is not * permitted; and Aged Care (Living Longer Living Better) Act 2013 111 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (d) both of the following apply at a particular time during the period of 2 years after the use of the deposit or bond: (i) an insolvency event (within the meaning of the Aged Care (Accommodation Payment Security) Act 2006) has occurred in relation to the corporation; (ii) there has been at least one outstanding accommodation payment balance (within the meaning of that Act) for the corporation. Penalty: 300 penalty units. Note: The Secretary must make a default event declaration under the Aged Care (Accommodation Payment Security) Act 2006 in relation to the corporation if paragraph (d) of this subsection applies (see section 10 of that Act). Offence for key personnel
An individual commits an offence if: (a) the individual is one of the * key personnel of an entity that is or has been an approved provider; and (b) the entity uses a * refundable deposit or * accommodation bond; and (c) the use of the deposit or bond is not * permitted; and (d) the individual knew that, or was reckless or negligent as to whether: (i) the deposit or bond would be used; and (ii) the use of the deposit or bond was not permitted; and (e) the individual was in a position to influence the conduct of the entity in relation to the use of the deposit or bond; and (f) the individual failed to take all reasonable steps to prevent the use of the deposit or bond; and (g) both of the following apply at a particular time during the period of 2 years after the use of the deposit or bond: (i) an insolvency event (within the meaning of the Aged Care (Accommodation Payment Security) Act 2006 has occurred in relation to the entity; (ii) there has been at least one outstanding accommodation payment balance (within the meaning of that Act) for the entity; and
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (h) at the time the deposit or bond was used, the entity was a * corporation. Penalty: Imprisonment for 2 years. Strict liability
Strict liability applies to paragraphs (1)(d) and (2)(g) and (h). Note: For strict liability, see section 6.1 of the Criminal Code.
In this section: refundable deposit includes an * accommodation bond. refundable deposit balance includes an * accommodation bond balance.
If a * refundable deposit is paid for care provided by, or for * entry to, a residential care service or flexible care service, the * refundable deposit balance must be refunded if: (a) the person who paid the deposit (the care recipient) dies; or (b) the care recipient ceases to be provided with: (i) residential care by the residential care service (other than because the care recipient is on * leave); or (ii) flexible care provided in a residential setting by the flexible care service.
The * refundable deposit balance must be refunded in the way specified in the Fees and Payments Principles.
The * refundable deposit balance must be refunded: (a) if the care recipient dies—within 14 days after the day on which the provider is shown the probate of the will of the care recipient or letters of administration of the estate of the care recipient; or (b) if the care recipient is to * enter another service to receive residential care: Aged Care (Living Longer Living Better) Act 2013 113 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (i) if the care recipient has notified the provider of the move more than 14 days before the day on which the provider ceased providing care to the care recipient—on the day on which the provider ceased providing that care; or (ii) if the care recipient so notified the provider within 14 days before the day on which the provider ceased providing that care—within 14 days after the day on which the notice was given; or (iii) if the care recipient did not notify the provider before the day on which the provider ceased providing that care—within 14 days after the day on which the provider ceased providing that care; or (c) in any other case—within 14 days after the day on which the event referred to in paragraph (2)(b) happened.
In this section: refundable deposit includes an * accommodation bond. refundable deposit balance includes an * accommodation bond balance.
If: (a) a * refundable deposit is paid to a person for care provided by, or * entry to, a residential care service or flexible care service; and (b) the person ceases to be an approved provider in respect of the residential care service or flexible care service; the person (the former approved provider) must refund the * refundable deposit balance to the person who paid the deposit (the care recipient).
The * refundable deposit balance must be refunded under subsection (2): (a) if the care recipient dies within 90 days after the day on which the former approved provider ceased to be an
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 approved provider in respect of the residential care service or flexible care service (the 90 day period)—within 14 days after the day on which the former approved provider is shown the probate of the will of the care recipient or letters of administration of the estate of the care recipient; or (b) if the care recipient is to * enter another service to receive residential care within the 90 day period: (i) if the care recipient has notified the former approved provider of the move more than 14 days before the day on which the former approved provider ceased providing care to the care recipient—on the day on which the former approved provider ceased providing that care; or (ii) if the care recipient so notified the former approved provider within 14 days before the day on which the former approved provider ceased providing that care— within 14 days after the day on which the notice was given; or (iii) if the care recipient did not notify the former approved provider before the day on which the former approved provider ceased providing that care—within 14 days after the day on which the former approved provider ceased providing that care; or (c) in any other case—within the 90 day period.
A person commits an offence if: (a) the person is required under this section to refund an amount on a particular day or within a particular period; and (b) the person does not refund the amount before that day or within that period; and (c) the person is a * corporation. Penalty for a contravention of this subsection: 30 penalty units.
The Fees and Payments Principles may specify circumstances in which interest is to be paid in relation to the refund of: (a) a * refundable deposit balance; or Aged Care (Living Longer Living Better) Act 2013 115 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (b) an * accommodation bond balance; or (c) an * entry contribution balance.
The amount of interest is to be worked out in accordance with the Fees and Payments Principles.
This section applies if a person who has paid a * refundable deposit or * accommodation bond for care provided by, or * entry to, a residential care service or flexible care service: (a) ceases to be provided with residential care by the residential care service (other than because the person is on * leave); or (b) ceases to be provided with flexible care by the flexible care service.
The person may agree with the approved provider concerned to delay refunding the * refundable deposit balance or * accommodation bond balance on condition that, if the person requests re-entry to the service, the approved provider must: (a) allow * entry to the person, if: (i) there are any * places vacant in the service; and (ii) in a case where the service is a residential care service—the person has been approved under Part 2.3 as a recipient of residential care; and (b) if the person is allowed entry—apply the * refundable deposit balance or * accommodation bond in payment for the service.
Omit “subsidy is payable under Chapter 3”, substitute “subsidy is payable”.
Omit “56-1(l), 56-2(i) or 56-3(j)”, substitute “56-1(m), 56-2(k) or 56-3(l)”.
Omit “subsidy is payable under Chapter 3”, substitute “ * subsidy is payable”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Repeal the paragraphs, substitute: (a) if the care recipient is not a * continuing care recipient: (i) to charge no more for provision of the care and services that it is the approved provider’s responsibility to provide under paragraph 54-1(1)(a) than the amount permitted under Division 52C; and (ii) to comply with the other rules relating to resident fees set out in section 52C-2; and (iii) to comply with the requirements of Part 3A.2 in relation to any * accommodation payment or * accommodation contribution charged to the care recipient; (b) if the care recipient is a continuing care recipient: (i) to charge no more for provision of the care and services that it is the approved provider’s responsibility to provide under paragraph 54-1(1)(a) than the amount permitted under Division 58 of the Aged Care (Transitional Provisions) Act 1997; and (ii) to comply with the other rules relating to resident fees set out in section 58-1 of the Aged Care (Transitional Provisions) Act 1997; and (iii) to comply with Division 57 of the Aged Care (Transitional Provisions) Act 1997 in relation to any * accommodation bond, and Division 57A of that Act in relation to any * accommodation charge, charged to the care recipient; (c) in relation to an * entry contribution given or loaned under a * formal agreement binding the approved provider and the care recipient—to comply with the requirements of: (i) the Prudential Standards made under section 52M-1; and (ii) the Aged Care (Transitional Provisions) Principles made under the Aged Care (Transitional Provisions) Act 1997; (d) to charge no more than the amount permitted under the Fees and Payments Principles by way of a booking fee for * respite care; Aged Care (Living Longer Living Better) Act 2013 117 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (e) to charge no more for any other care or services than an amount agreed beforehand with the care recipient, and to give the care recipient an itemised account of the other care or services; (f) to provide such security of tenure for the care recipient’s * place in the service as is specified in the User Rights Principles; (g) to comply with the requirements of Division 36 in relation to * extra service agreements; (h) to offer to enter into a * resident agreement with the care recipient, and, if the care recipient wishes, to enter into such an agreement; (i) to comply with the requirements of Division 62 in relation to * personal information relating to the care recipient; (j) to comply with the requirements of section 56-4 in relation to resolution of complaints; (k) to allow people acting for care recipients to have such access to the service as is specified in the User Rights Principles; (l) to allow people acting for bodies that have been paid * advocacy grants under Part 5.5, or * community visitors grants under Part 5.6, to have such access to the service as is specified in the User Rights Principles; (m) not to act in a way which is inconsistent with any rights and responsibilities of care recipients that are specified in the User Rights Principles; (n) such other responsibilities as are specified in the Fees and Payments Principles and the User Rights Principles.
Repeal the paragraphs, substitute: (a) not to charge for the care recipient’s * entry to the service through which the care is, or is to be, provided; (b) if the care recipient is not a * continuing care recipient: (i) to charge no more for provision of the care and services that it is the approved provider’s responsibility to provide under paragraph 54-1(1)(a) than the amount permitted under Division 52D; and
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (ii) to comply with the other rules relating to home care fees set out in section 52D-1; (c) if the care recipient is a continuing care recipient: (i) to charge no more for provision of the care and services that it is the approved provider’s responsibility to provide under paragraph 54-1(1)(a) than the amount permitted under Division 60 of the Aged Care (Transitional Provisions) Act 1997; and (ii) to comply with the other rules relating to resident fees set out in section 60-1 of the Aged Care (Transitional Provisions) Act 1997; (d) to charge no more for any other care or services than an amount agreed beforehand with the care recipient, and to give the care recipient an itemised account of the other care or services; (e) to provide such other care and services in accordance with the agreement between the approved provider and the care recipient; (f) to provide such security of tenure for the care recipient’s * place in the service as is specified in the User Rights Principles; (g) to offer to enter into a * home care agreement with the care recipient, and, if the care recipient wishes, to enter into such an agreement; (h) to comply with the requirements of Division 62 in relation to * personal information relating to the care recipient; (i) to comply with the requirements of section 56-4 in relation to resolution of complaints; (j) to allow people acting for bodies that have been paid * advocacy grants under Part 5.5 to have such access to the service as is specified in the User Rights Principles; (k) not to act in a way which is inconsistent with any rights and responsibilities of care recipients that are specified in the User Rights Principles; (l) such other responsibilities as are specified in the Fees and Payments Principles and the User Rights Principles. Aged Care (Living Longer Living Better) Act 2013 119 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Repeal the paragraphs, substitute: (a) to charge no more than the amount specified in, or worked out in accordance with, the User Rights Principles, for provision of the care and services that it is the approved provider’s responsibility under paragraph 54-1(1)(a) to provide; (b) if the care recipient is not a * continuing care recipient—to comply with the requirements of Part 3A.2 in relation to any * accommodation payment charged to the care recipient; (c) if the care recipient is a continuing care recipient: (i) to comply with the requirements of Division 57 of the Aged Care (Transitional Provisions) Act 1997, and the Aged Care (Transitional Provisions) Principles made under that Act, in relation to any * accommodation bond charged to the care recipient; and (ii) to comply with the requirements of those Principles in relation to any * accommodation charge charged to the care recipient; (d) in relation to an * entry contribution given or loaned under a * formal agreement binding the approved provider and the care recipient—to comply with the requirements of: (i) the Prudential Standards made under section 52M-1; and (ii) the Aged Care (Transitional Provisions) Principles made under the Aged Care (Transitional Provisions) Act 1997; (e) to charge no more for any other care or services than an amount agreed beforehand with the care recipient, and to give the care recipient an itemised account of the other care or services; (f) to provide such security of tenure for the care recipient’s * place in the service as is specified in the User Rights Principles; (g) to comply with any requirements of the Fees and Payments Principles relating to:
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (i) offering to enter into an agreement with the care recipient relating to the provision of care to the care recipient; or (ii) entering into such an agreement if the care recipient wishes; (h) to comply with the requirements of Division 62 in relation to * personal information relating to the care recipient; (i) to comply with the requirements of section 56-4 in relation to resolution of complaints; (j) to allow people acting for care recipients to have such access to the service as is specified in the User Rights Principles; (k) to allow people acting for bodies that have been paid * advocacy grants under Part 5.5 to have such access to the service as is specified in the User Rights Principles; (l) not to act in a way which is inconsistent with any rights and responsibilities of care recipients that are specified in the User Rights Principles; (m) such other responsibilities as are specified in the Fees and Payments Principles and the User Rights Principles.
Omit “subsidy is payable under Chapter 3”, substitute “ * subsidy is payable”.
Repeal the Divisions.
Omit “levels of”.
Omit “ * accommodation bond agreement (see section 57-10) or * accommodation charge agreement (see section 57A-4)”, substitute “accommodation agreement (see section 52F-6)”.
Repeal the Division. Aged Care (Living Longer Living Better) Act 2013 121 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Before “ * accommodation bond”, insert “ * refundable deposit balance or”.
After “section 57-20”, insert “of the Aged Care (Transitional Provisions) Act 1997”.
After “pay an”, insert “ * accommodation payment, * accommodation contribution or”.
Repeal the subparagraph, substitute: (iv) for the purpose of complying with an obligation under this Act or the Aged Care (Transitional Provisions) Act 1997 or any of the Principles made under section 96-1 of this Act or the Aged Care (Transitional Provisions) Act 1997;
Omit “subsidy is payable under Chapter 3”, substitute “ * subsidy is payable”.
Omit “subsidy is payable under Chapter 3”, substitute “ * subsidy is payable”.
Omit “the Act”, substitute “this Act and the Aged Care (Transitional Provisions) Act 1997”.
Insert:
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (ca) the amounts of * accommodation payments and * accommodation contributions paid; and (cb) the amounts of those accommodation payments and accommodation contributions paid as * refundable deposits and * daily payments; and
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
Insert: (ia) prohibiting the charging of * accommodation payments or * accommodating contributions for: (i) one or more specified residential care services; or (ii) all residential care services; or (iii) one or more specified flexible care services; or (iv) all flexible care services; conducted by the approved provider;
Insert: (ja) if the approved provider has charged a care recipient an amount of accommodation payment or accommodation contribution (the excess) that is more than the amount permitted under Division 52G—requiring the provider to refund to the care recipient an amount equal to the excess (together with an amount representing interest worked out in accordance with the Fees and Payments Principles) within the period specified in the notice; (jb) if the approved provider has not refunded a * refundable deposit balance, an * accommodation bond balance or an * entry contribution balance to a care recipient as required under Division 52P—requiring the provider to refund to the care recipient an amount equal to the balance (together with an amount representing interest worked out in accordance with the Fees and Payments Principles) within the period specified in the notice; Aged Care (Living Longer Living Better) Act 2013 123 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (jc) restricting, during the period specified in the notice, the use of a refundable deposit balance, an accommodation bond balance or an entry contribution balance paid to the approved provider to one or more uses permitted under Division 52N;
After “Act”, insert “and the Aged Care (Transitional Provisions) Act 1997”.
Omit “Residential Care”.
Omit “Residential Care Grant Principles. The provisions”, substitute “Grant Principles. Provisions”.
Omit “Residential Care”.
Omit “Residential Care”.
Omit “Residential Care”.
Omit “Residential Care”.
Omit “Advocacy”.
Omit “Advocacy”.
Omit “Advocacy”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “Community Visitors”.
Omit “Community Visitors”.
Omit “Community Visitors”.
Omit “Community Visitors”.
Omit “Other Grants”, substitute “Grant”.
Omit “Other Grants”, substitute “Grant”.
Omit “Other Grants”, substitute “Grant”.
Repeal the items.
Repeal the items, substitute: To determine compensation payment reductions in respect of residential care subsidy subsection 44-20A(4) To refuse to make a determination that the care subsidy reduction is zero subsection 44-23(2) 45A To specify a period at the end of which a determination that the care subsidy reduction is zero ceases to be in force subsection 44-23(3) Aged Care (Living Longer Living Better) Act 2013 125 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Repeal the item, substitute: To determine the value of a person’s assets subsection 44-26C(1) 47A To revoke a determination of the value of a person’s assets subsection 44-26C(4)
Omit “supplement”, substitute “supplement of a particular amount in respect of residential care”.
Insert: 49AA To revoke a determination that a care recipient is eligible for a hardship supplement in respect of residential care subsection 44-32(1)
Repeal the items, substitute: To determine that a judgement or settlement is to be treated as having taken into account the cost of providing home care subsection 48-5(5) To determine that a part of the compensation under a settlement is to be treated as relating to the future costs of providing home care subsection 48-5(6) To determine compensation payment reductions in respect of home care subsidy subsection 48-6(4) To refuse to make a determination that the care subsidy reduction is zero subsection 48-8(2) 53A To specify a period at the end of which a determination that the care subsidy reduction is zero ceases to be in force subsection 48-8(3)
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 53B To refuse to make a determination that a care recipient is eligible for a hardship supplement of a particular amount in respect of home care subsection 48-11(1) 53C To specify a period or event at the end of which, or on the occurrence of which, a determination under section 48-11 will cease to be in force subsection 48-11(3) 53D To revoke a determination that a care recipient is eligible for a hardship supplement in respect of home care subsection 48-12(1) 53E To refuse to approve a higher maximum amount of * accommodation payment than the maximum amount of accommodation payment determined by the Minister under section 52G-3 subsection 52G-4(5) 53F To refuse to make a determination that paying an accommodation payment or accommodation contribution of more than a particular amount would cause financial hardship subsection 52K-1(1) 53G To specify a period or event at the end of which, or on the occurrence of which, a determination under subsection 52K-1(1) ceases to be in force subsection 52K-1(3) 53H To revoke a determination that paying an accommodation payment or accommodation contribution would cause financial hardship subsection 52K-2(1)
Before “If”, insert “(1)”.
Add:
If: (a) this Act provides for a person to apply to the * Aged Care Pricing Commissioner to make a * reviewable decision; and Aged Care (Living Longer Living Better) Act 2013 127 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (b) a period is specified under this Act for giving notice of the decision to the applicant; and (c) the Aged Care Pricing Commissioner has not notified the applicant of the Commissioner’s decision within that period; the Aged Care Pricing Commissioner is taken, for the purposes of this Act, to have made a decision to reject the application.
Omit “Secretary must give reasons”, substitute “Reasons”.
After “Secretary”, insert “or the * Aged Care Pricing Commissioner”.
Repeal the heading, substitute:
After “ * reviewable decision”, insert “(other than a reviewable decision under Division 35 or section 52G-4)”.
Insert: (1A) The * Aged Care Pricing Commissioner may reconsider a * reviewable decision under Division 35 or section 52G-4 if the Aged Care Pricing Commissioner is satisfied that there is sufficient reason to reconsider the decision.
After “Secretary”, insert “or the * Aged Care Pricing Commissioner”.
After “Secretary”, insert “or the * Aged Care Pricing Commissioner”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “The Secretary’s decision”, substitute “The decision of the Secretary or the * Aged Care Pricing Commissioner”.
After “Secretary”, insert “or the * Aged Care Pricing Commissioner”.
After “ * reviewable decision”, insert “(other than a reviewable decision under Division 35 or section 52G-4)”.
Insert: (1A) A person whose interests are affected by a * reviewable decision under Division 35 or section 52G-4 may request the * Aged Care Pricing Commissioner to reconsider the decision.
Repeal the subsection, substitute:
The person’s request must be made by written notice: (a) for a request that relates to a reviewable decision other than a reviewable decision under Division 35 or section 52G-4— given to the Secretary: (i) within 28 days, or such longer period as the Secretary allows, after the day on which the person first received notice of the decision; or (ii) if the decision is a decision under section 44-24 to make a determination under subsection 44-24(1) or paragraph 44-24(2)(b), (3)(b) or (4)(b)—within 90 days, or such longer period as the Secretary allows, after the day on which the person first received notice of the decision; or (b) for a request that relates to a reviewable decision under Division 35 or section 52G-4—given to the * Aged Care Pricing Commissioner within 28 days, or such longer period as the Aged Care Pricing Commissioner allows, after the day on which the person first received notice of the decision. Aged Care (Living Longer Living Better) Act 2013 129 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
After “Secretary”, insert “or the * Aged Care Pricing Commissioner”.
Omit “The Secretary’s decision”, substitute “The decision of the Secretary or the * Aged Care Pricing Commissioner”.
After “Secretary” (wherever occurring), insert “or the * Aged Care Pricing Commissioner”.
After “Secretary” (wherever occurring), insert “or the * Aged Care Pricing Commissioner”.
Omit “Secretary’s”.
After “this Act”, insert “or the Aged Care (Transitional Provisions) Act 1997”.
Add “or the Aged Care (Transitional Provisions) Act 1997”.
Repeal the paragraph, substitute: (a) conduct that is carried out in the performance of a function or duty under this Act or the Aged Care (Transitional Provisions) Act 1997 or the exercise of a power under, or in relation to, this Act or the Aged Care (Transitional Provisions) Act 1997; or
After “including”, insert “ * accommodation payments, * accommodation contributions,”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Add “or the Aged Care (Transitional Provisions) Act 1997”.
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
Repeal the paragraph, substitute: (d) whether claims for payments under Chapter 3 of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997 or other payments under this Act or the Aged Care (Transitional Provisions) Act 1997 have been properly made;
Repeal the paragraph, substitute: (b) assessing whether an approved provider’s claims for payments under Chapter 3 of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997 or other payments under this Act or the Aged Care (Transitional Provisions) Act 1997 have been properly made;
Add “or the Aged Care (Transitional Provisions) Act 1997”.
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
Repeal the paragraph, substitute: (b) assessing whether an approved provider’s claims for payments under Chapter 3 of this Act or Chapter 3 of the Aged Care (Living Longer Living Better) Act 2013 131 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 Aged Care (Transitional Provisions) Act 1997 or other payments under this Act or the Aged Care (Transitional Provisions) Act 1997 have been properly made;
Repeal the paragraph, substitute: (b) assessing whether an approved provider’s claims for payments under Chapter 3 of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997 or other payments under this Act or the Aged Care (Transitional Provisions) Act 1997 have been properly made;
Add “or the Aged Care (Transitional Provisions) Act 1997”.
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
Omit “subsidy under Chapter 3”, substitute “ * subsidy”.
Add “or the Aged Care (Transitional Provisions) Act 1997”.
Add “or the Aged Care (Transitional Provisions) Act 1997”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Repeal the items.
Repeal the item, substitute: Grant Principles Parts 5.1, 5.5, 5.6 and 5.7
Repeal the items.
Insert: 22A Subsidy Principles Parts 3.1, 3.2 and 3.3
Omit “44-8AA and 44-8AB”, substitute “44-26C”.
Repeal the note, substitute: Note: The Secretary’s powers under section 44-26C relate to determinations of the value of persons’ assets.
Repeal the note, substitute: Note: The calculation of a care recipient’s total assessable income is relevant to working out amounts of subsidies, fees and payments.
Repeal the paragraph.
Omit “44-8AA(1)”, substitute “44-26C(1)”. Aged Care (Living Longer Living Better) Act 2013 133 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “44-8AB”, substitute “44-26A”.
Omit “Residential Care”.
After “this Act”, insert “and the Aged Care (Transitional Provisions) Act 1997”.
Omit “ * accommodation bond agreements, * accommodation charge agreements”, substitute “accommodation agreements”.
Omit “subsidies payable under Chapter 3, and amounts payable under subsection 44-8A(6),”, substitute “ * subsidies”.
Insert: accommodation agreement means an agreement that meets the requirements set out in section 52F-3.
Add: Note: This Act contains rules about accommodation bonds, which are paid under the Aged Care (Transitional Provisions) Act 1997.
Repeal the definition.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
accommodation bond balance) Omit “section 57-19”, substitute “this Act or the Aged Care (Transitional Provisions) Act 1997”.
accommodation charge) Add: Note: This Act contains rules about accommodation charges, which are paid under the Aged Care (Transitional Provisions) Act 1997.
Repeal the definition.
Insert: accommodation contribution means a contribution paid for accommodation provided with residential care. accommodation payment means payment for accommodation provided with residential care or flexible care. accommodation supplement means the supplement referred to in section 44-28.
Repeal the definition.
Repeal the definition.
Omit “44-11”, substitute “44-26B”. Aged Care (Living Longer Living Better) Act 2013 135 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Insert: combined care subsidy reduction means a care subsidy reduction under section 44-21 or 48-7.
Repeal the definition.
Insert: continuing care recipient means: (a) a * continuing residential care recipient; or (b) a * continuing home care recipient; or (c) a * continuing flexible care recipient. continuing flexible care recipient means a person who: (a) * entered a flexible care service before 1 July 2014; and (b) has not: (i) ceased to be provided with flexible care by a flexible care service for a continuous period of more than 28 days (other than because the person is on * leave); or (ii) before moving to another flexible care service, made a written choice, in accordance with the Fees and Payments Principles, to be covered by Chapters 3 and 3A of this Act in relation to the other service. continuing home care recipient means a person who: (a) * entered a home care service before 1 July 2014; and (b) has not: (i) ceased to be provided with home care by a home care service for a continuous period of more than 28 days (other than because the person is on * leave); or (ii) before moving to another home care service, made a written choice, in accordance with the Fees and
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 Payments Principles, to be covered by Chapters 3 and 3A of this Act in relation to the other service. continuing residential care recipient means a person who: (a) * entered a residential care service before 1 July 2014; and (b) has not: (i) ceased to be provided with residential care by a residential care service for a continuous period of more than 28 days (other than because the person is on * leave); or (ii) before moving to another residential care service, made a written choice, in accordance with the Fees and Payments Principles, to be covered by Chapters 3 and 3A of this Act in relation to the other service.
Insert: daily accommodation contribution means * accommodation contribution that: (a) accrues daily; and (b) is paid by periodic payment. daily accommodation payment means * accommodation payment that: (a) accrues daily; and (b) is paid by periodic payment.
Repeal the definition.
Insert: daily payment means: (a) * daily accommodation payment; or (b) * daily accommodation contribution. Aged Care (Living Longer Living Better) Act 2013 137 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “44-11”, substitute “44-26B”.
Insert: eligible flexible care service has the meaning given by subsection 52F-1(2).
Repeal the definition.
Omit “44-11”, substitute “44-26B”.
Repeal the definition.
Insert: maximum accommodation supplement amount has the meaning given by subsection 44-21(6).
Insert: maximum home value has the meaning given by section 44-26B.
Insert: means tested amount has the meaning given by section 44-22.
Omit “44-11”, substitute “44-26B”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “44-11”, substitute “44-26B”.
Repeal the definition.
After “use of”, insert, “a * refundable deposit or”.
Omit “57-17A”, substitute, “52N-1”.
Repeal the definition.
Repeal the definition.
Repeal the definition.
Omit “section 44-5E”, substitute “subsection 42-3(3)”.
Repeal the definition.
Repeal the definition. Aged Care (Living Longer Living Better) Act 2013 139 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Insert: refundable accommodation contribution means * accommodation contribution that: (a) does not accrue daily; and (b) is paid as a lump sum. refundable accommodation deposit means * accommodation payment that: (a) does not accrue daily; and (b) is paid as a lump sum. refundable deposit means: (a) a * refundable accommodation deposit; or (b) a * refundable accommodation contribution. refundable deposit balance, in relation to a * refundable deposit is, at a particular time, an amount equal to the difference between: (a) the amount of the refundable deposit; and (b) any amounts that have been, or are permitted to be, deducted at the time from the refundable deposit under this Act as at that time.
Repeal the definition.
Insert: start-date year, for a care recipient, means a year beginning on: (a) the day on which the care recipient first * entered an aged care service other than as a * continuing care recipient; or (b) an anniversary of that day. subsidy means subsidy paid under Chapter 3 of this Act or under Chapter 3 of the Aged Care (Transitional Provisions) Act 1997.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Repeal the definition.
Omit “Bond Security”, substitute “Accommodation Payment Security”.
Omit “Bond Security”, substitute “Accommodation Payment Security”. Aged Care (Living Longer Living Better) Act 2013 141 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
In this Part: commencement time means the time when this Schedule commences. old law means the Aged Care Act 1997 as in force immediately before the commencement time.
An approval to receive residential care that was: (a) limited to a low level of residential care; and (b) given under Part 2.3 of the old law; and (c) in force immediately before the commencement time; is taken, after the commencement time, to have been given without being limited to a low level of residential care.
A provision of the Subsidy Principles has effect before it commences as if it had commenced if the provision: (a) is made for the purposes of section 44-28 of the Aged Care Act 1997 as amended by item 125 of this Schedule; and (b) relates to determining, or applying for the determination of, the status of a building.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
A New Tax System (Goods and Services Tax) Act 1999
Omit “Community”, substitute “Home”.
Omit “ * community care is GST-free if community care”, substitute “ * home care is GST-free if home care”.
Omit “ * community care”, substitute “ * home care”.
Repeal the definition.
Insert: home care has the meaning given by section 45-3 of the Aged Care Act 1997. National Disability Insurance Scheme Act 2013
Repeal the definition.
Insert: home care has the same meaning as in the Aged Care Act 1997.
Omit “community”, substitute “home”. Aged Care (Living Longer Living Better) Act 2013 143 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “community”, substitute “home”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
A New Tax System (Goods and Services Tax) Act 1999
Omit “Part 3-2 of the Aged Care Act 1997”, substitute “Part 3.2 of the Aged Care Act 1997 or Part 3.2 of the Aged Care (Transitional Provisions) Act 1997”.
After “that Act”, insert “or Part 3.3 of the Aged Care (Transitional Provisions) Act 1997”. Health and Other Services (Compensation) Act 1995
Repeal the definition, substitute: residential care subsidy has the same meaning as in: (a) in relation to residential care under the Aged Care Act 1997—the Aged Care Act 1997; and (b) in relation to residential care under the Aged Care (Transitional Provisions) Act 1997—the Aged Care (Transitional Provisions) Act 1997.
After “1997”, insert “and Part 3.1 of the Aged Care (Transitional Provisions) Act 1997”.
Repeal the paragraph, substitute: (f) whether the Secretary should make a determination under: (i) subsection 44-20(5) or (6) or 48-5(5) or (6) of the Aged Care Act 1997; or (ii) subsection 44-20(5) or (6) of the Aged Care (Transitional Provisions) Act 1997. Aged Care (Living Longer Living Better) Act 2013 145 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 Human Services (Medicare) Act 1973
Insert: (iva) the Aged Care (Transitional Provisions) Act 1997; or Social Security Act 1991
Omit all the words after “the person is”, substitute: eligible for: (a) a respite supplement in respect of that day under the Subsidy Principles made for the purposes of subparagraph 44-5(1)(a)(i) of the Aged Care Act 1997; or (b) a respite care supplement in respect of that day under section 44-12 of the Aged Care (Transitional Provisions) Act 1997.
Add: Note 1: For rent, see subsection 13(2). Note 2: Under subsections 11A(8) and (9), the principal home of a person in a care situation may be a place other than the place where the person receives care.
Insert: (znaa) while a person is liable to pay all or some of a daily accommodation payment or a daily accommodation contribution—any rent from the person’s principal home that the person, or the person’s partner, earns, derives or receives from another person; Note 1: For rent, see subsection 13(2). Note 2: Under subsections 11A(8) and (9), the principal home of a person in a care situation may be a place other than the place where the person receives care.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Repeal the subsection, substitute: (1D) To avoid doubt, none of the following is a financial investment for the purposes of this Act: (a) an accommodation bond; (b) an accommodation bond balance; (c) a refundable deposit; (d) a refundable deposit balance.
After “Care”, insert “(Transitional Provisions)”.
Insert: daily accommodation contribution has the same meaning as in the Aged Care Act 1997. daily accommodation payment has the same meaning as in the Aged Care Act 1997.
Insert: refundable deposit has the same meaning as in the Aged Care Act 1997. refundable deposit balance has the same meaning as in the Aged Care Act 1997.
Insert: (3AA) To avoid doubt, a refundable deposit balance in respect of a refundable deposit paid by a person is taken to be an asset of the person. Aged Care (Living Longer Living Better) Act 2013 147 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
After “Care”, insert “(Transitional Provisions)”.
Insert: (ba) if the Secretary is satisfied that the residence was previously the person’s principal home but that the person left it for the purpose of going into a care situation—any period during which: (i) the person is liable to pay all or some of a daily accommodation payment or a daily accommodation contribution (or would be so liable to do so, assuming that no sanctions under Part 4.4 of the Aged Care Act 1997 were currently being imposed on the provider of the care concerned); and (ii) the person, or the person’s partner, is earning, deriving or receiving rent for the residence from another person; and
Omit “or (b)”, substitute “, (b) or (ba)”.
After “Care”, insert “(Transitional Provisions)”.
After “1997”, insert “(as in force before 1 July 2014)”.
Omit “that Act”, substitute “the Aged Care (Transitional Provisions) Act 1997”.
Add: ; (v) the amount of any refundable deposit balance in respect of a refundable deposit paid by the person.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 Social Security (Administration) Act 1999
Add “or”.
Insert: (f) a decision under section 44-24 of the Aged Care (Transitional Provisions) Act 1997 by the Secretary or by a person to whom the Secretary has sub-delegated power under subsection 96-2(7) of that Act;
Add “or”.
Insert: (f) a decision under section 44-24 of the Aged Care (Transitional Provisions) Act 1997 by the Secretary or by a person to whom the Secretary has sub-delegated power under subsection 96-2(7) of that Act;
Add: ; and (g) all decisions under section 44-24 of the Aged Care (Transitional Provisions) Act 1997 by the Secretary or by a person to whom the Secretary has sub-delegated power under subsection 96-2(7) of that Act.
Add: ; and (c) all decisions under section 44-24 of the Aged Care (Transitional Provisions) Act 1997 by the Secretary or by a person to whom the Secretary has sub-delegated power under subsection 96-2(7) of that Act. Aged Care (Living Longer Living Better) Act 2013 149 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 Veterans’ Entitlements Act 1986
Insert: accommodation bond balance 5L(1)
Insert: daily accommodation contribution 5L(1) daily accommodation payment 5L(1)
Insert: refundable deposit 5L(1) refundable deposit balance 5L(1)
Repeal the paragraph, substitute: (na) a payment of subsidy under Part 3.1 of the Aged Care Act 1997 or Part 3.1 of the Aged Care (Transitional Provisions) Act 1997 made to an approved provider (within the meaning of those Acts) in respect of care provided to the person;
Insert: (ne) a refundable deposit balance refunded to the person under the Aged Care Act 1997; (nf) while a person is liable to pay a daily accommodation payment or a daily accommodation contribution—any rent from the person’s principal home that the person, or the
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 person’s partner, earns, derives or receives from another person; Note 1: For rent, see subsection 5N(2). Note 2: Under subsections 5LA(8) and (9), the principal home of a person in a care situation may be a place other than the place where the person receives care.
Repeal the subsection, substitute: (2C) To avoid doubt, none of the following is a financial investment for the purposes of this Act: (a) an accommodation bond; (b) an accommodation bond balance; (c) a refundable deposit; (d) a refundable deposit balance. Note: These expressions are defined in section 5L.
Insert: accommodation bond balance has the same meaning as in the Aged Care Act 1997.
Insert: daily accommodation contribution has the same meaning as in the Aged Care Act 1997. daily accommodation payment has the same meaning as in the Aged Care Act 1997.
Insert: refundable deposit has the same meaning as in the Aged Care Act 1997. Aged Care (Living Longer Living Better) Act 2013 151 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 refundable deposit balance has the same meaning as in the Aged Care Act 1997.
Insert: (3BA) To avoid doubt, a refundable deposit balance (within the meaning of the Aged Care Act 1997) in respect of a refundable deposit (within the meaning of that Act: see subsection (1) of this section) paid by a person is taken to be an asset of the person.
Insert: (ba) if the Commission is satisfied that the residence was previously the person’s principal home but that the person left it for the purpose of going into a care situation or becoming an aged care resident—any period during which: (i) the person is liable to pay all or some of a daily accommodation payment or a daily accommodation contribution (or would be liable to do so, assuming that no sanctions under Part 4.4 of the Aged Care Act 1997 were currently being imposed on the provider of the care concerned); and (ii) the person, or the person’s partner, is earning, deriving or receiving rent for the residence from another person; and
Omit “or (b)”, substitute “, (b) or (ba)”.
After “Care”, insert “(Transitional Provisions)”.
Omit all the words after “the person is”, substitute: eligible for:
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 (a) a respite supplement in respect of that day under the Subsidy Principles made for the purposes of subparagraph 44-5(1)(a)(i) of the Aged Care Act 1997; or (b) a respite care supplement in respect of that day under section 44-12 of the Aged Care (Transitional Provisions) Act 1997.
Insert: (pa) the amount of any refundable deposit balance in respect of a refundable deposit paid by the person;
After “Care”, insert “(Transitional Provisions)”.
Repeal the note, substitute: Note 1: Accommodation bond and accommodation charge have the same meanings as in the Aged Care Act 1997: see subsection 5L(1) of this Act. Note 2: Charge exempt resident has the same meaning as in the Aged Care (Transitional Provisions) Act 1997: see clause 17 of this Schedule.
After “Care”, insert “(Transitional Provisions)”.
Repeal the note, substitute: Note 1: Accommodation bond and accommodation charge have the same meanings as in the Aged Care Act 1997: see subsection 5L(1) of this Act. Note 2: Charge exempt resident has the same meaning as in the Aged Care (Transitional Provisions) Act 1997: see clause 17 of this Schedule.
Omit “Aged Care Act 1997”, substitute “Aged Care (Transitional Provisions) Act 1997”. Aged Care (Living Longer Living Better) Act 2013 153 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
After “Care”, insert “(Transitional Provisions)”.
After “the Aged Care Act 1997”, insert “(as in force before 1 July 2014)”.
Omit “that Act”, substitute “the Aged Care (Transitional Provisions) Act 1997”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Without limiting the effect of the Aged Care Act 1997 apart from this item, that Act, as in force immediately before the commencement of this item, is re-enacted as the Aged Care (Transitional Provisions) Act 1997. Note: This item creates a second version of the Aged Care Act 1997. This second version will be amended by Part 2 of this Schedule, and will continue in force provisions relating to subsidies, fees and payments for care recipients who were receiving care on 30 June 2014.
For the purposes of subparagraph 40(1A)(a)(ii) of the Acts Interpretation Act 1901, the secular year in which the Aged Care (Transitional Provisions) Act 1997 was passed is taken to be 1997 and its number is taken to be 223. Note: This means that the Aged Care (Transitional Provisions) Act 1997 may be cited as Act No. 223 of 1997.
Subitem (2) has effect despite section 39 of the Acts Interpretation Act 1901. Aged Care (Living Longer Living Better) Act 2013 155 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Aged Care (Transitional Provisions) Act 1997
Omit “relating to aged care”, substitute “to deal with transitional matters in connection with the Aged Care (Living Longer Living Better) Act 2013”.
Omit “Aged Care Act 1997”, substitute “Aged Care (Transitional Provisions) Act 1997”.
Repeal the section, substitute: This Act commences on 1 July 2014. This Act applies only in relation to * continuing care recipients.
After “this Act”, insert “, in conjunction with the Aged Care Act 1997,”.
After “this Act”, insert “and the Aged Care Act 1997”.
After “This Act”, insert “, in conjunction with the Aged Care Act 1997,”.
Omit “Chapter 3”, substitute “Chapter 3 of this Act and Chapter 3 of the Aged Care Act 1997”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “Chapters 2 and 4”, substitute “Chapters 2 and 4 of the Aged Care Act 1997 and Chapter 4 of this Act”.
After “Chapter 5”, insert “of the Aged Care Act 1997”.
Omit “(Chapter 2)”.
After “Chapter 3”, insert “of this Act”.
After “Chapter 2”, insert “of the Aged Care Act 1997”.
After “Chapter 3”, insert “of this Act”.
After “Chapter 2”, insert “of the Aged Care Act 1997”.
Omit “(Chapter 4)”.
Omit “Chapter 4”, substitute “Chapter 4 of this Act and Chapter 4 of the Aged Care Act 1997”.
After “Chapter 2”, insert “of the Aged Care Act 1997”.
Omit “(Chapter 5)”.
After “Chapter 5”, insert “of the Aged Care Act 1997”. Aged Care (Living Longer Living Better) Act 2013 157 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “Parts 2.2, 2.5 and 3.1 apply”, substitute “Part 3.1 applies”.
Omit “Parts 2.2, 2.5 and”, substitute “Part 3.1”.
Omit “those Parts”, substitute “that Part”.
Repeal the Chapter.
After “Chapter 2”, insert “of the Aged Care Act 1997”.
After “section 5-2”, insert “of that Act”.
Omit “Chapter 4”, substitute “Chapter 4 of this Act and Chapter 4 of the Aged Care Act 1997”.
Repeal the section, substitute: * Residential care subsidy is also dealt with in the Aged Care (Transitional Provisions) Principles. Provisions in this Part indicate when a particular matter is or may be dealt with in those Principles. Note: The Aged Care (Transitional Provisions) Principles are made by the Minister under section 96-1.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
After “Part 2.2”, insert “of the Aged Care Act 1997”.
After “Part 2.3”, insert “of the Aged Care Act 1997”.
After “section 42-4”, insert “of the Aged Care Act 1997”.
After “Part 2.3”, insert “of the Aged Care Act 1997”.
Omit “Part 2.3 is not limited under subsection 22-2(3)”, substitute “Part 2.3 of the Aged Care Act 1997 is not limited under subsection 22-2(3) of that Act”.
Omit “Division 7 (relating to a person’s approval as a provider of aged care services) or Division 20”, substitute “Division 7 of the Aged Care Act 1997 (relating to a person’s approval as a provider of aged care services) or Division 20 of that Act”.
After “section 67A-5”, insert “of the Aged Care Act 1997”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Repeal the sections. Aged Care (Living Longer Living Better) Act 2013 159 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Add “of the Aged Care Act 1997”.
After “Division 32”, insert “of the Aged Care Act 1997”.
After “32-8(5)(b)”, insert “of the Aged Care Act 1997”.
Omit “Residential Care Subsidy” (wherever occurring), substitute “Aged Care (Transitional Provisions)”.
capital payment) Repeal the paragraph, substitute: (b) a payment of a kind specified in the Aged Care (Transitional Provisions) Principles.
After “section 14-5 or 14-6”, insert “of the Aged Care Act 1997”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Add “of the Aged Care Act 1997”.
Omit “Part 2.3 is limited under subsection 22-2(3)”, substitute “Part 2.3 of the Aged Care Act 1997 is limited under subsection 22-2(3) of that Act”.
After “paragraph 26-1(a) or (b)”, insert “of the Aged Care Act 1997”.
Add “of the Aged Care Act 1997”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Add “of the Aged Care Act 1997”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Add “of the Aged Care Act 1997”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”. Aged Care (Living Longer Living Better) Act 2013 161 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Add “of the Aged Care Act 1997”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
close relation) Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
After “Part 2.3”, insert “of the Aged Care Act 1997”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Add “of the Aged Care Act 1997”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”. Aged Care (Living Longer Living Better) Act 2013 163 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
After “Division 31”, insert “of the Aged Care Act 1997”.
After “paragraph 32-8(3)(b)”, insert “of the Aged Care Act 1997”.
Add “of the Aged Care Act 1997”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy” (wherever occurring), substitute “Aged Care (Transitional Provisions)”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
After “Division 36”, insert “of the Aged Care Act 1997”.
Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Repeal the section, substitute: Aged Care (Living Longer Living Better) Act 2013 165 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 * Home care subsidy is also dealt with in the Aged Care (Transitional Provisions) Principles. Provisions of this Part indicate when a particular matter is or may be dealt with in those Principles. Note: The Aged Care (Transitional Provisions) Principles are made by the Minister under section 96-1.
Omit “Home Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
After “Part 2.2”, insert “of the Aged Care Act 1997”.
After “Part 2.3”, insert “of the Aged Care Act 1997”.
Omit “Division 7 (relating to a person’s approval as a provider of * aged care services) or Division 20”, substitute “Division 7 of the Aged Care Act 1997 (relating to a person’s approval as a provider of aged care services) or Division 20 of that Act”.
Omit “Home Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Home Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Home Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Add “of the Aged Care Act 1997”.
Repeal the section, substitute: * Flexible care subsidy is also dealt with in the Aged Care (Transitional Provisions) Principles. Provisions of this Part indicate when a particular matter is or may be dealt with in those Principles. Note: The Aged Care (Transitional Provisions) Principles are made by the Minister under section 96-1.
After “Part 2.2”, insert “of the Aged Care Act 1997”.
After “Part 2.3”, insert “of the Aged Care Act 1997”.
Omit “Flexible Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
After “Part 2.3”, insert “of the Aged Care Act 1997”.
Omit “Flexible Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Division 7 (relating to a person’s approval as a provider of * aged care services) or Division 20”, substitute “Division 7 of the Aged Care Act 1997 (relating to a person’s approval as a provider of aged care services) or Division 20 of that Act”. Aged Care (Living Longer Living Better) Act 2013 167 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “Flexible Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Omit “Flexible Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.
Repeal the Division.
Repeal the Part.
Repeal the Divisions.
Omit “and entry contributions”.
Omit “The rules set out in this Division”, substitute “Rules set out in Part 3A.3 of the Aged Care Act 1997”.
Omit “section 57-3”, substitute “section 52M-1 of the Aged Care Act 1997”.
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.
Omit “(see section 57-17A)”, substitute “(see section 52N-1 of the Aged Care Act 1997)”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “section 57-3”, substitute “section 52M-1 of the Aged Care Act 1997”.
Omit “Part 4.4 from doing so (see paragraph 66-1(j))”, substitute “Part 4.4 of the Aged Care Act 1997 from doing so (see paragraph 66-1(j) of that Act)”.
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.
Repeal the Subdivision.
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.
Omit “section 57-21”, substitute “Division 52P of the Aged Care Act 1997” .
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”. Aged Care (Living Longer Living Better) Act 2013 169 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.
Repeal the Subdivision.
Omit “User Rights” (wherever occurring), substitute “Aged Care (Transitional Provisions)”.
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.
Omit “User Rights” (wherever occurring), substitute “Aged Care (Transitional Provisions)”.
Repeal the Subdivision.
Omit “section 57-21”, substitute “Division 52P of the Aged Care Act 1997”.
After “section 22-2”, insert “of the Aged Care Act 1997”.
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.
Omit “Part 4.4 from doing so (see paragraph 66-1(j))”, substitute “Part 4.4 of the Aged Care Act 1997 from doing so (see paragraph 66-1(j) of that Act)”.
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.
After “paragraph 54-1(1)(a)”, insert “of the Aged Care Act 1997”.
Omit “User Rights” (wherever occurring), substitute “Aged Care (Transitional Provisions)”.
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.
After “Division 35”, insert “of the Aged Care Act 1997”.
Repeal the Division. Aged Care (Living Longer Living Better) Act 2013 171 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
After “paragraph 54-1(1)(a)”, insert “of the Aged Care Act 1997”.
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.
Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.
Repeal the Divisions.
Repeal the Parts.
Repeal the Chapter.
Repeal the section, substitute: This Chapter deals with the reconsideration and administrative review of decisions (see Part 6.1).
Repeal the items.
Repeal the items, substitute:
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 A decision under the Aged Care (Transitional Provisions) Principles made under section 96-1 that is specified in the Principles to be a decision reviewable under this section the provision specified in the Principles as the provision under which the decision is made
Repeal the Parts.
Repeal the section, substitute: The Minister may, by legislative instrument, make Aged Care (Transitional Provisions) Principles providing for matters: (a) required or permitted by this Act to be provided; or (b) necessary or convenient to be provided in order to carry out or give effect to this Act.
Repeal the subsections.
Repeal the section.
Omit “Chapter 4”, substitute “Chapter 4 of this Act and Chapter 4 of the Aged Care Act 1997”.
Omit “, * accommodation charge agreements, * home care agreements, * extra service agreements and * resident agreements”, substitute “and accommodation charge agreements”.
Repeal the sections. Aged Care (Living Longer Living Better) Act 2013 173 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Repeal the definition, substitute: accommodation bond has the same meaning as in the Aged Care Act 1997.
Repeal the definition, substitute: accommodation bond balance has the same meaning as in the Aged Care Act 1997.
Repeal the definition, substitute: accommodation charge has the same meaning as in the Aged Care Act 1997.
Repeal the definition, substitute: accreditation requirement has the same meaning as in the Aged Care Act 1997.
Repeal the definition.
Repeal the definitions.
Repeal the definition, substitute:
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 approved provider has the same meaning as in the Aged Care Act 1997.
Repeal the definition.
Repeal the definition.
Repeal the definition.
Repeal the definition.
Repeal the definition, substitute: certified has the same meaning as in the Aged Care Act 1997.
Repeal the definition, substitute: classification level has the same meaning as in the Aged Care Act 1997.
Repeal the definition.
Insert: continuing care recipient has the same meaning as in the Aged Care Act 1997. Aged Care (Living Longer Living Better) Act 2013 175 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Repeal the definition.
Repeal the definition.
Repeal the definition, substitute: distinct part has the same meaning as in the Aged Care Act 1997.
Repeal the definitions.
Repeal the definition, substitute: extra service agreement has the same meaning as in the Aged Care Act 1997.
Repeal the definition, substitute: extra service place has the same meaning as in the Aged Care Act 1997.
Repeal the definition, substitute: extra service status has the same meaning as in the Aged Care Act 1997.
Repeal the definition.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Omit “Classification”, substitute “Aged Care (Transitional Provisions)”.
Repeal the definition, substitute: home care agreement has the same meaning as in the Aged Care Act 1997.
Repeal the definition.
Repeal the definition, substitute: lowest applicable classification level has the same meaning as in the Aged Care Act 1997.
Omit “Classification”, substitute “Aged Care (Transitional Provisions)”.
Repeal the definitions.
Repeal the definition, substitute: people with special needs has the same meaning as in the Aged Care Act 1997. Aged Care (Living Longer Living Better) Act 2013 177 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Repeal the definition, substitute: permitted has the same meaning as in the Aged Care Act 1997.
Repeal the definition.
Repeal the definition.
Repeal the definition.
Repeal the definition, substitute: provisional allocation has the same meaning as in the Aged Care Act 1997.
Repeal the definitions.
Repeal the definition.
Repeal the definition, substitute: resident agreement has the same meaning as in the Aged Care Act 1997.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
Repeal the definition.
Repeal the definition.
Repeal the definitions. Aged Care (Living Longer Living Better) Act 2013 179 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
In this Part: first commencement time means the time when Part 1 of this Schedule commences. second commencement time means the time when this Part commences.
This item applies if: (a) an instrument made under a provision of the Aged Care Act 1997 was in force immediately before the first commencement time; and (b) immediately after the second commencement time, there is a corresponding provision in the Aged Care (Transitional Provisions) Act 1997.
Without limiting its effect apart from this item, the instrument is also taken, after the second commencement time, to have been made under the corresponding provision.
This item applies if: (a) a process begun (including by application or request) under a provision of the Aged Care Act 1997 before the first commencement time was not completed by that time; and (b) immediately after the second commencement time, there is a corresponding provision in the Aged Care (Transitional Provisions) Act 1997.
Without limiting its effect apart from this item, the process is also taken, after the second commencement time, to have been begun under the corresponding provision.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history The abbreviation key sets out abbreviations that may be used in the endnotes. Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can Aged Care (Living Longer Living Better) Act 2013 181 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub-subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Aged Care (Living Longer Living Better) Act 2013 183 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16 Aged Care (Living 76, 2013
Sch 1, Sch 2 (items 5, 7– Longer Living Better) 11, 13, 14, 16, 16A, 18, Act 2013 22, 24–26) and Sch 4 (items 1–5D): 1 Aug
3C, 3E, 3G, 3J, 3L, 3N, 5) Sch 2 (items 1–4, 6, 12, 15, 17, 19–21, 23): 1 Jan
3D, 3F, 3H, 3K, 3M) Sch 3, Sch 4 (items 6– 55) and Sch 5: 1 July
8) Remainder: 28 June
Acts and Instruments 126, 2015
Sch 1 (item 5): 5 Mar — (Framework Reform)
(Consequential Provisions) Act 2015
Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16
c 1 ............................................. am No 126, 2015 Aged Care (Living Longer Living Better) Act 2013 185 Compilation No. 1 Compilation date: 5/3/16 Registered: 8/3/16