Aged Care and Other Legislation Amendment Act 2025 (Cth)

Aged Care and Other Legislation Amendment Act 2025

No. 45, 2025

An Act to amend the law relating to aged care and healthcare identifiers, and for related purposes

Contents

Aged Care and Other Legislation Amendment Act 2025

No. 45, 2025

An Act to amend the law relating to aged care and healthcare identifiers, and for related purposes

[Assented to 19 September 2025]

The Parliament of Australia enacts:

1Short title

This Act is the Aged Care and Other Legislation Amendment Act 2025.

2Commencement

(1)
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.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	19 September 2025
2. Schedule 1, Part 1	Immediately after the commencement of the Aged Care Act 2024.	1 November 2025
3. Schedule 1, Part 2	1 July 2026.	1 July 2026
4. Schedule 2, Part 1	Immediately after the commencement of Schedule 2 to the Aged Care (Consequential and Transitional Provisions) Act 2024.	1 November 2025
5. Schedule 2, Parts 2 to 5	The day after this Act receives the Royal Assent.	20 September 2025
6. Schedule 3	At the same time as the Aged Care Act 2024 commences.	1 November 2025
7. Schedule 4	The day after this Act receives the Royal Assent.	20 September 2025
7. Schedule 5	The day after this Act receives the Royal Assent.	20 September 2025

Note: This table relates only to the provisions of this Act as originally enacted.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.
(2)
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.

3Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendment of the Aged Care Act 2024Part 1Amendments commencing immediately after the commencement of the Aged Care Act 2024

Aged Care Act 2024

Section 7 (definition of accommodation bond)

Repeal the definition, substitute:
accommodation bond has the meaning prescribed by the rules.

Section 7

Insert:
accommodation bond balance has the meaning prescribed by the rules.

Section 7 (definition of accommodation charge)

Repeal the definition, substitute:
accommodation charge has the meaning prescribed by the rules.

Section 7

Insert:
administrative action: see subsection 582(2).

Section 7

Insert:
approved report form: see section 166A.

Section 7 (definition of available balance)

Repeal the definition, substitute:
available balance, at a time, for any of the following notional accounts, or for an unspent Commonwealth portion, means the sum of the credits that have been made to the account or portion at or before that time reduced (but not below zero) by the sum of the debits that have been made to the account or portion at or before that time:
(a)
a notional ongoing home support account;
(b)
a notional short‑term home support account;
(c)
a notional service delivery branch account;
(d)
a notional assistive technology account;
(e)
a notional home modifications account;
(f)
a notional home care account.

Section 7

Insert:
Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997.
Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

Section 7 (definition of deliver)

Repeal the definition, substitute:
deliver, a funded aged care service, has a meaning affected by section 11A.

Section 7

Insert:
entry contribution has the meaning prescribed by the rules.
entry contribution balance has the meaning prescribed by the rules.
10
Section 7 (paragraph (a) of the definition of government entity)
Omit “(within the meaning of the Public Governance, Performance and Accountability Act 2013)”.

Section 7

Insert:
high quality care: see section 20.

Section 7

Insert:
in effect:
(a)
for a place allocated under subsection 92(1): see section 92A; and
(b)
for a place allocated under subsection 95(1): see section 97.

Section 7

Insert:
notional home care account means a notional account established for an individual under subsection 226E(1).
14
Section 7 (definition of notional service delivery account)
Repeal the definition, substitute:
notional service delivery branch account means a notional account established for a service delivery branch of a registered provider under subsection 203(1).
15
Section 7 (paragraph (d) of the definition of provisional subsidy amount)
Omit “an ongoing or”, substitute “a”.

Section 7

Insert:
quarter means a period of 3 months beginning on 1 July, 1 October, 1 January or 1 April.
17
Section 7 (definition of relevant administrative action)
Repeal the definition.

Section 7

Insert:
retention period, for an individual: see subsection 308(1).
19
Section 7 (after paragraph (b) of the definition of subsidy)
Insert:
(ba)
subsidy referred to in section 242A;

Subparagraph 8(1)(g)(v)

Repeal the subparagraph.

Paragraphs 9(2)(e) to (h)

Repeal the paragraphs, substitute:
(e)
if the individual is accessing the service other than under a specialist aged care program:
(i)
a classification decision establishing a classification level in a classification type for the service group is in effect for the individual; and
(ii)
if a priority category decision is required under section 86 for the classification type for the service group—such a decision under section 86 has been made for the individual for the classification type for the service group; and
(iii)
if the classification type or classification level is one for which the System Governor may allocate the individual a place under section 92—a place has been allocated to the individual under that section for that classification type or classification level and is in effect; and
(f)
if the individual is accessing the service under a specialist aged care program:
(i)
a classification decision establishing a classification level in a classification type for the service group has been made for the individual; and
(ii)
if the System Governor may allocate the registered provider a place under section 95—a place has been allocated to the registered provider under that section and is in effect.

Subsection 11(2)

Repeal the subsection (not including the heading or the note), substitute:
(2)
A registered provider means an entity that is registered as a registered provider (whether under paragraph 105(1)(a), because of a renewal under paragraph 108(1)(a), or because of a determination made by the System Governor under subsection 117(1)), if:
(a)
the registration period has not ended; and
(b)
the registration has not been revoked under a provision of Part 3 of Chapter 3.

Subsection 11(7)

Repeal the subsection, substitute:

11ADelivery of funded aged care services

Delivery not affected by involvement of associated providers
(1)
To avoid doubt, a registered provider delivers a funded aged care service for the purposes of this Act even if some or all of the work involved in delivering the service to an individual is done by one or more associated providers of the registered provider.
Circumstances when non‑delivery of funded aged care services is taken to be delivery of funded aged care services
(2)
A service is taken to have been delivered by a registered provider to an individual for the purposes of this Act if:
(a)
the service is included on the list referred to in subsection 8(1); and
(b)
the service was scheduled to be delivered by the registered provider to the individual on a day; and
(c)
had the service been delivered as scheduled, the individual could have accessed the service through a service group as referred to in subsection 9(2); and
(d)
subsection (3) applies to the service.
(3)
This subsection applies to the service if:
(a)
both:
(i)
the service was scheduled to be delivered by the registered provider to the individual on the day at an agreed time and place; and
(ii)
the only reason that the service was not delivered was because the individual cancelled the delivery of the service within the period, before that day, that is prescribed by the rules; or
(b)
the circumstances prescribed by the rules apply.
(4)
If subsection (2) applies in relation to a service:
(a)
a reference in this Act to the number of hours or units of the service delivered to the individual on a day is taken to be a reference to the number of hours or units that were scheduled to be delivered to the individual on the day; and
(b)
a reference in this Act to the service delivery branch through which the service was delivered is taken to be a reference to the service delivery branch through which the service was scheduled to be delivered.
(5)
Subsection (2) does not apply:
(a)
in circumstances prescribed by the rules; or
(b)
for the purposes of a provision of this Act prescribed by the rules.
Certain reimbursements taken to be delivery of funded aged care services
(6)
If:
(a)
an individual incurs costs in acquiring a service that is included on the list referred to in subsection 8(1); and
(b)
the registered provider reimburses, in accordance with any requirements prescribed by the rules, the individual for the whole or a part of the costs; and
(c)
had the service been delivered to the individual by the registered provider, the individual could have accessed the service through a service group as referred to in subsection 9(2); and
(d)
any other circumstances prescribed by the rules in relation to the individual, the acquisition or the service apply;
the reimbursement is taken, for the purposes of this Act, to be the delivery of the service by the registered provider to the individual.
(7)
Subsection (6) does not apply:
(a)
in circumstances prescribed by the rules; or
(b)
for the purposes of a provision of this Act prescribed by the rules.

At the end of section 15

Add:
Periodic reviews of operation of Aged Care Quality Standards
(4)
The System Governor must cause periodic reviews to be conducted of the operation of the Aged Care Quality Standards.
(5)
The first review must be completed before the end of the period of 5 years starting on the day this Act commences.
(6)
Each later review must be completed before the end of each subsequent 5 year period.
(7)
The System Governor must give the Minister a written report of each review as soon as practicable after the review is completed.
(8)
The System Governor must cause a copy of the report of each review to be published on the Department’s website as soon as practicable after the Minister receives the report.

Section 27

Omit “with the consent of the individual”, substitute “in line with the individual’s will and preferences”.

At the end of subsection 28(2)

Add:
; or (d)
is included in a class of persons prescribed by the rules.

Subsection 29(1)

Omit “Subject to subsection (2), any information or document that is required or authorised under, or for the purposes of, this Act”, substitute “Any information or document that is required or authorised under, or for the purposes of, this Act (other than Part 5 of Chapter 4 of this Act)”.

Subsection 29(3)

Renumber as subsection (2).

Subsection 30(2)

Omit “subsection 27(1)”, substitute “section 27”.

Subparagraph 54(2)(b)(ii)

Omit “section 53”, substitute “(2)”.

Subparagraph 58(c)(ii)

Omit “was informed, prior to making the election,”, substitute “has been informed”.

Subsection 75(3)

Repeal the subsection, substitute:
(3)
The classification assessment must be instead undertaken at a time that is both:
(a)
after the aged care needs assessment; and
(b)
on or after the start date included in a start notification for delivering funded aged care services to the individual under that classification type at an approved residential care home of a registered provider.

Subsection 81(4)

Omit “For classification levels in the classification type ongoing for the service group residential care, rules”, substitute “Rules”.

Subsection 82(1) (heading)

Omit “, assistive technology or home modifications”, substitute “or assistive technology”.

Subsection 82(1)

Omit “, assistive technology or home modifications”, substitute “or assistive technology”.

After subsection 82(1)

Insert:
Short‑term funded aged care services delivered through service group home modifications
(1A)
An individual may make an application for a classification assessment for the individual for the classification type short‑term for the service group home modifications if:
(a)
the individual has the classification type short‑term for the service group in effect; and
(b)
the individual considers a different classification level in the classification type for the service group should be approved for the individual; and
(c)
the funded aged care services are not being delivered under a specialist aged care program; and
(d)
the System Governor considers circumstances (if any) prescribed by the rules apply.

Section 84

Before “A prioritisation assessment”, insert “(1)”.

Subparagraph 84(b)(iii)

Omit “ongoing or”.

Subparagraph 84(b)(iv)

Omit “or short‑term”.

At the end of section 84

Add:
(2)
Despite subsection (1), a prioritisation assessment is not required to be undertaken in relation to an individual for a classification type for a service group if:
(a)
the classification type for the service group is ongoing for home support; and
(b)
the circumstances prescribed by the rules apply.

Paragraph 85(2)(a)

Omit “, assistive technology or home modifications”, substitute “or assistive technology, or for the classification type short‑term for the service group home modifications”.

Paragraph 85(2)(b)

Omit “or short‑term”.

Subsection 86(1)

Repeal the subsection, substitute:
General requirements
(1)
If the System Governor is given a prioritisation report for an individual for a classification type for a service group under section 85, the System Governor must establish a priority category for the individual for the classification type for the service group in accordance with any criteria, methods or procedures prescribed by the rules for the purposes of section 87.

Subsection 86(2)

Repeal the subsection.

Subsection 86(5) (heading)

Omit “or short‑term”.

Subsection 86(5)

Omit “or short‑term”.

Subsection 87(1)

Omit “paragraph 85(2)(a)”, substitute “subsection 86(1)”.

Subsection 87(2)

Omit “paragraph 85(2)(b)”, substitute “subsection 86(1)”.

Subsection 87(2)

Omit “or short‑term”.

Section 89

After “in effect until”, insert “the earliest of the following”.

Paragraph 89(a)

Repeal the paragraph, substitute:
(a)
for a classification type for the service group home support—the individual is allocated a full place under subsection 92(1) for that classification type for the service group;
(aa)
for a classification type for any other service group—the individual is allocated a place for the classification type for the service group under subsection 92(1);

At the end of section 89

Add:
Note: The effect of paragraph (a) is that an individual’s priority category decision remains in effect if an interim place has been allocated for the classification type for the service group home support.

Subsections 91(1) and (2)

Repeal the subsections, substitute:
(1)
The Minister must, in writing, determine a method for a financial year, that may be used at any time during that year, for working out the following:
(a)
the number of places available at that time to be allocated to individuals for each service group;
(b)
how many of the places mentioned in paragraph (a) for a service group are for allocation for a particular classification type (other than hospital transition) for the service group;
(c)
how many of the places mentioned in paragraph (b) for a particular classification type for a service group are for allocation for a particular classification level in the classification type;
(d)
if the service group is home support—how many of the places mentioned in paragraph (b) or (c) are for allocation as interim places or full places for the classification type or classification level.
(2)
Without limiting subsection (1), the method prescribed may be based on any of the following factors:
(a)
forecast demand for funded aged care services at the time and the forecast cost of those services at that time;
(b)
the appropriation for the financial year and how much of that appropriation is left at the time;
(c)
target average wait times for individuals with access approvals for a classification type for a service group who are seeking to access funded aged care services through the service group.

Subsection 91(4)

Omit “process and”.

54A

At the end of section 91

Add:
(6)
In making a determination under subsection (1) for the 2025‑26 financial year, the Minister must ensure that the method makes available:
(a)
a number of places equal to, or greater than, the guaranteed (tranche 1) number, for allocation to individuals for the service group home support by the end of 31 December 2025; and
(b)
at least an additional 43,000 places, for allocation to individuals for the service group home support by the end of 30 June 2026.
Note: This guarantees at least 83,000 services (whether home care packages or home support places) for recipients.
(7)
Nothing in subsection (6) limits the Minister’s powers under any of paragraphs (1)(b) to (d) in respect of the places mentioned in that subsection.
(8)
In this section:
guaranteed (tranche 1) number means the number worked out as follows:
(a)
40,000; less
(b)
the following:
(i)
if the difference between the number of home care packages immediately before the commencement of the Aged Care Act 2024 and the number of home care packages immediately before the transition time is greater than or equal to 40,000—40,000;
(ii)
if the difference between the number of home care packages immediately before the commencement of the Aged Care Act 2024 and the number of home care packages immediately before the transition time is greater than zero but less than 40,000—that difference;
(iii)
otherwise—zero.
number of home care packages, at a time, means the number of home care packages under the Australian Government framework known as the National Priority System that were available and released to recipients at that time in accordance with determinations under subsection 23B‑1(1) of the Aged Care Act 1997.
transition time means the beginning of the day after the Aged Care and Other Legislation Amendment Act 2025 receives the Royal Assent.

Subsection 92(1)

After “If the System Governor considers”, insert “, at a time during a financial year, that”.

After subsection 92(1)

Insert:
(1A)
However, subsection (1) does not apply in relation to an individual and a classification type for a service group if:
(a)
the classification type for the service group is ongoing for home support; and
(b)
the circumstances prescribed by the rules apply.

Paragraphs 92(4)(b) and (c)

Repeal the paragraphs, substitute:
(b)
if the service group is residential care—the day the place is allocated; and
(c)
if the service group is home support, assistive technology or home modifications:
(i)
information about when the place takes effect or is taken to be withdrawn in accordance with section 92A; and
(ii)
for the service group home support—whether the place is an interim place or a full place.

Subsection 92(5)

Repeal the subsection.

58A

At the end of section 92

Add:
(5)
The System Governor’s power to allocate places to an individual under subsection (1) must be exercised in the 2025‑26 financial year so that:
(a)
a number of places equal to, or greater than, the guaranteed (tranche 1) number (within the meaning of section 91) are allocated to individuals for the service group home support by the end of 31 December 2025; and
(b)
at least an additional 43,000 places are allocated to individuals for the service group home support by the end of 30 June 2026.
Note: This ensures the 83,000 services (whether home care packages or home support places) guaranteed by subsection 91(6) are released.

(6)
If the System Governor fails to comply with paragraph (5)(a) or (b), the System Governor must give the Minister a written statement that sets out the reasons for the failure.
(7)
The System Governor must do so within 14 days of:
(a)
for a failure to comply with paragraph (5)(a)—31 December 2025; or
(b)
for a failure to comply with paragraph (5)(b)—30 June 2026.
(8)
The Minister must cause a copy of the statement to be tabled in each House of the Parliament within 15 sitting days of that House after the statement is given to the Minister.

After section 92

Insert:

92AWhen a place is in effect

Home support, assistive technology or home modifications
(1)
A place allocated under subsection 92(1) to an individual for a classification type for the service group home support, assistive technology or home modifications takes effect on the start day for the individual included in a start notification given by a registered provider for the classification type for the service group.
(2)
Despite subsection (1), if the start day is not within the period prescribed by the rules, the place:
(a)
does not take effect; and
(b)
is taken to be withdrawn.
(3)
Despite subsection (1), if:
(a)
the place allocated to the individual is a full place for a classification type for the service group home support; and
(b)
an interim place is in effect for the individual for the classification type for the service group;
the full place takes effect on the day the System Governor gives notice to the individual of the allocation of the place under subsection 92(3).
(4)
A place allocated under subsection 92(1) to an individual for a classification type for the service group home support, assistive technology or home modifications ceases to have effect at the time prescribed by the rules.
Residential care
(5)
A place allocated under subsection 92(1) to an individual for a classification type for the service group residential care takes effect on the day the places is allocated to the individual and remains in effect until the individual dies.

Section 93

Repeal the section, substitute:

93Method for allocation

(1)
The System Governor must determine in what order to allocate places to individuals under subsection 92(1) for a classification type for a service group or for a classification level for a classification type for a service group.
(2)
The rules may prescribe a method that the System Governor must follow in deciding the order of allocation under subsection (1) for a classification type for a service group or for a classification level for a classification type for a service group.
(3)
Without limiting subsection (1), a method prescribed for the purposes of subsection (2) for the allocation of a place to an individual for a classification type for a service group, or a classification level for a classification type for a service group, may be based on any of the following factors:
(a)
the individual’s priority category (if any) for the classification type;
(b)
the day the individual’s access approval for the classification type was given;
(c)
whether the individual has an interim place in effect for the classification type or the classification level;
(d)
the individual’s wait time for the allocation of a place for the classification type or the classification level;
(e)
whether the individual has informed the System Governor that the individual is not seeking access to funded aged care services for a specified period.

Subparagraph 111(3)(b)(i)

Omit “, which must be less than or equal to the number of beds stated in the certificate of occupancy for the home”.

Paragraph 112(1)(b)

Omit “, which must be less than or equal to the number of beds stated in the certificate of occupancy for the home”.

Section 146

Omit “conform”, substitute “comply”.

After section 150

Insert:

150ARefundable deposit register

(1)
It is a condition of registration that a registered provider of a kind prescribed by the rules:
(a)
establish and maintain, in accordance with any requirements prescribed by the rules, a register (a refundable deposit register) that includes the information or records prescribed by the rules relating to refundable deposits, accommodation bonds or entry contributions paid to, or held by, the registered provider; and
(b)
do so in a manner consistent with the requirements in section 168.
(2)
Without limiting subsection (1), the rules may prescribe that information or records relating to the following be included in the refundable deposit register:
(a)
information relating to the payment of a refundable deposit, accommodation bond or entry contribution;
(b)
information relating to amounts deducted from a refundable deposit balance, accommodation bond balance or entry contribution balance;
(c)
information relating to refunds of a refundable deposit balance, accommodation bond balance or entry contribution balance.

Section 152

Before “It”, insert “(1)”.

At the end of section 152

Add:
(2)
Without limiting subsection (1), worker screening requirements prescribed by rules made for the purposes of paragraph (1)(a) or (b) may include requirements relating to aged care workers whose normal duties include the direct delivery to an individual of a funded aged care service specified in an instrument in force under subsection (3).
(3)
The Commissioner may, by notifiable instrument, specify funded aged care services for the purposes of subsection (2).

Section 166

Repeal the section, substitute:

165AReports about reportable incidents

Requirement to report
(1)
A registered provider of a kind prescribed by the rules must, if the rules prescribe that reports relating to reportable incidents must be given to the Commissioner, report reportable incidents to the Commissioner in accordance with this section.
(2)
A report under subsection (1) must:
(a)
be in the approved report form; and
(b)
be prepared, and given, in accordance with any other requirements prescribed by the rules.
Note: For approved report form, see section 166A.
Civil penalty
(3)
An entity contravenes this subsection if:
(a)
the entity is a registered provider; and
(b)
the entity fails to comply with subsection (1).
Note: A registered provider may commit an offence or contravene a civil penalty provision if the provider gives false or misleading information or documents (see Part 7.4 of the Criminal Code and section 591 of this Act).
Civil penalty: 250 penalty units.

166Other reports by registered providers

Requirement to report
(1)
A registered provider of a kind prescribed by the rules must, if the rules prescribe that a report must be given to one of the following persons, give a report to that person in accordance with this section:
(a)
the Commissioner;
(b)
the Complaints Commissioner;
(c)
the Inspector‑General of Aged Care;
(d)
the System Governor;
(e)
the Pricing Authority.
(2)
A report under subsection (1) must:
(a)
if the rules prescribe information that must be included in the report:
(i)
include that information; and
(ii)
be in the approved report form (if any); and
(b)
if paragraph (a) does not apply—be in the approved report form; and
(c)
in any case—be prepared, and given, in accordance with any other requirements prescribed by the rules.
Note: For approved report form, see section 166A.
Prescribed information
(3)
Without limiting paragraph (2)(a), the rules may prescribe information relating to any of the following:
(a)
complaints and feedback received by a registered provider;
(b)
the workforce, and governance, of a registered provider;
(c)
compliance by a registered provider with requirements relating to nursing services;
(d)
locations at which funded aged care services are delivered by a registered provider;
(e)
specified groups of individuals to whom a registered provider is delivering funded aged care services;
(f)
how specified funded aged care services are delivered;
(g)
specified financial and prudential matters.
Prescribed requirements relating to preparing and giving reports
(4)
Without limiting paragraph (2)(c), the rules may prescribe requirements relating to either of the following:
(a)
the collection or generation of information prescribed for the purposes of paragraph (2)(a) (including requirements relating to making particular measurements or assessments in connection with that collection or generation);
(b)
reporting periods and the timeframes within which a report must be given in relation to those reporting periods (including by providing that a prescribed reporting period or timeframe is subject to an exemption determined by the System Governor in accordance with the rules).
Requirement to publish reports
(5)
If the rules prescribe that a report given by a registered provider under subsection (1) must be published, the registered provider must publish the report in accordance with any requirements prescribed by the rules.
Civil penalty
(6)
An entity contravenes this subsection if:
(a)
the entity is a registered provider; and
(b)
the entity fails to comply with subsection (1) or (5).
Note: A registered provider may commit an offence or contravene a civil penalty provision if the provider gives false or misleading information or documents (see Part 7.4 of the Criminal Code and section 591 of this Act).
Civil penalty: 250 penalty units.

166AApproved report forms—section 165A and 166 reports

When a report is in the approved report form
(1)
A report under section 165A or 166 is in the approved report form if:
(a)
it is in a form approved under subsection (2) or (3) of this section for that kind of report by the person (the report recipient) to whom the report is required to be given; and
(b)
it contains the information that the form requires, and any further information, statement or document as the report recipient requires, whether in the form or otherwise; and
(c)
it is given in the manner that the report recipient requires (which may include electronically).
Approval of forms
(2)
The Commissioner may, in writing, approve a form for a kind of report under section 165A.
(3)
Any of the following persons may, in writing, approve a form for a kind of report under section 166:
(a)
the Commissioner;
(b)
the Complaints Commissioner;
(c)
the Inspector‑General of Aged Care;
(d)
the System Governor;
(e)
the Pricing Authority.
(4)
More than one kind of report may be combined in the same form approved under subsection (2) or (3).
(5)
More than one form may be approved under subsection (2) or (3) for the same kind of report.
(6)
A different form may be approved under subsection (2) or (3) for a kind of report for different circumstances.
Publication of approved report forms and requirements
(7)
If a form is approved under subsection (2) or (3), the person who approved the form must cause the following to be published on the Department’s website:
(a)
the form;
(b)
any requirements mentioned in paragraphs (1)(b) and (c) relating to the kind of report that are not included in the form.

Paragraph 175(2)(b)

After “home”, insert “only”.

After section 178

Insert:

178AOffences relating to non‑permitted use of accommodation bonds

Offence for registered provider
(1)
An entity commits an offence if:
(a)
the entity is a registered provider; and
(b)
the entity uses an accommodation bond; and
(c)
the use of the accommodation bond is not permitted by rules made for the purposes of paragraph 287(3)(a); and
(d)
at a particular time during the period of 5 years after the use of the accommodation bond, both of the following apply:
(i)
an insolvency event (within the meaning of the Aged Care (Accommodation Payment Security) Act 2006) occurs in relation to the entity;
(ii)
there is at least one outstanding accommodation payment balance (within the meaning of that Act) for the entity.
Penalty: 300 penalty units.
Offence for responsible persons
(2)
A person commits an offence if:
(a)
the person is a responsible person of a registered provider (the entity); and
(b)
the entity uses an accommodation bond; and
(c)
the use of the accommodation bond is not permitted by rules made for the purposes of paragraph 287(3)(a); and
(d)
the person knew that, or was reckless or negligent as to whether:
(i)
the accommodation bond would be used; and
(ii)
the use of the accommodation bond was not permitted; and
(e)
the person was in a position to influence the conduct of the entity in relation to the use of the accommodation bond; and
(f)
the person failed to take all reasonable steps to prevent the use of the accommodation bond; and
(g)
at a particular time during the period of 5 years after the use of the accommodation bond, both of the following apply:
(i)
an insolvency event (within the meaning of the Aged Care (Accommodation Payment Security) Act 2006) occurs in relation to the entity;
(ii)
there is at least one outstanding accommodation payment balance (within the meaning of that Act) for the entity; and
(h) at the time the accommodation bond was used, the entity was a corporation.
Penalty: Imprisonment for 2 years.
Strict liability
(3)
Strict liability applies to paragraphs (1)(d) and (2)(g) and (h).

Subsection 189(1) (note)

Omit “165 and 166”, substitute “165, 165A and 166”.
71
Section 190 (after the paragraph beginning “Part 4”)
Insert:
Part 4 makes provision for that Part not applying in relation to individuals included in a class of individuals prescribed by the rules. The rules may, in relation to the delivery of certain funded aged care services to these individuals, prescribe different requirements that relate to accommodation bonds, accommodation charges or entry contributions.

Subsection 191(1)

Omit “A registered”, substitute “The System Governor must determine that a registered”.

Subsection 191(1)

Omit “the System Governor is reasonably satisfied”.

Subsection 191(1)

Omit “subsections (2) and (3)”, substitute “subsections (2), (3) and (4)”.

Paragraph 191(2)(c)

After “section 92”, insert “and the place is in effect”.

Paragraph 191(2)(e)

Repeal the paragraph.

At the end of section 191

Add:
(4)
The requirement is that:
(a)
unless paragraph (b) applies—the day is on or after the start day specified in a start notification given by the registered provider for delivering ongoing or short‑term funded aged care services to the individual for the service group through a service delivery branch of the provider; or
(b)
if the rules prescribe circumstances for the purposes of this paragraph—those circumstances apply.

Subsection 192(1)

After “on a day”, insert “in a quarter”.
79
Subsection 192(1) (method statement, steps 3, 4, 5, 6 and 7 and the final sentence)
Repeal the steps and the sentence, substitute:
Step 3. Work out the sum of:
(a)
the provisional subsidy amount; and
(b)
any secondary person‑centred supplements for the classification type ongoing for the service group home support that apply to the individual for the day.
The result is the amount of subsidy for which the registered provider is eligible for the individual for the service for the day.
80
Subsection 192(2) (method statement, steps 3, 4, 5, 6 and 7 and the final sentence)
Repeal the steps and the sentence, substitute:
Step 3. Work out the sum of:
(a)
the provisional subsidy amount; and
(b)
any secondary person‑centred supplements for the classification type short‑term for the service group home support that apply to the individual for the day.
The result is the amount of subsidy for which the registered provider is eligible for the individual for the service for the day.

Section 193

Repeal the section, substitute:

193Available ongoing home support quarterly account balance

Quarterly ongoing home support accounts
(1)
A notional ongoing home support account is established for an individual for the quarter (the first quarter) in which an entry day for the individual occurs for the classification type ongoing for the service group home support, and each subsequent quarter, unless circumstances prescribed by the rules apply.
Initial credit for account for first quarter
(2)
The following is credited to the account for the first quarter at the start of the individual’s entry day:
(a)
the base individual amount for the individual for the classification type for the service group for the individual for that day multiplied by the remaining days in the quarter (including that day);
(b)
the sum of any primary person‑centred supplements for the classification type for the service group that apply to the individual on that day multiplied by the remaining days in the quarter (including that day).
Initial credit for accounts for subsequent quarters
(3)
For an account for a quarter other than the first quarter, the following is credited to the account at the start of the first day of that quarter:
(a)
the base individual amount for the individual for the classification type for the service group for that day multiplied by the days in the quarter;
(b)
the sum of any primary person‑centred supplements for the classification type for the service group that apply to the individual on the day multiplied by the days in the quarter.
Rollover credits
(4)
For an account for a quarter other than the first quarter, the amount prescribed by the rules is credited to the account at the earlier of the following:
(a)
if the registered provider gives the System Governor notice that the provider has made the provider’s final claim for subsidy for the previous quarter—the day that claim is approved under subsection 251(4);
(b)
the day that is 61 days after the last day of the previous quarter.
Credit due to change in classification or full place coming into effect
(5)
If:
(a)
either:
(i)
a decision by the System Governor comes into effect for the individual for the classification type ongoing for the service group home support on a day in a quarter that is after the entry day for the individual; or
(ii)
a full place comes into effect for the individual for that classification type and service group on a day in a quarter that is after that entry day; and
(b)
the base individual amount (the new base individual amount) for the individual for the classification type for the service group is higher as a result of that decision or that place coming into effect;
the account for that quarter is credited with the amount that is the difference between the new base individual amount and the base individual amount for the individual for the classification type ongoing for the service group home support that applied before the decision or place came into effect multiplied bythe remaining days in the quarter (including that day).
Credit due to primary person‑centred supplement applying
(6)
If a primary person‑centred supplement for the classification type ongoing for the service group home support starts to apply to the individual on a day in a quarter that is after the entry day for the individual, the amount of that person‑centred supplement for the day multiplied by the remaining days in the quarter (including that day) is credited to the account for the quarter.
Debits
(7)
If a claim is made under section 251 for person‑centred subsidy for the delivery of an ongoing funded aged care service to the individual on a day, the account is debited in accordance with section 251B immediately after the claim is approved under subsection 251(4).
(8)
To avoid doubt, the time at which the account is debited may be a time after the end of the quarter to which the claim relates.
Rules may prescribe circumstances for no credits
(9)
Despite subsection (3), (4), (5) or (6), the rules may prescribe circumstances in which a credit which would otherwise be required under that subsection is not to be made.
Ceasing of accounts
(10)
A notional ongoing home support account for a quarter ceases in the circumstances prescribed by the rules.

82Subsection 195(2)

Repeal the subsection.

Paragraphs 195(3)(a) and (b)

Omit “the number of days in the maximum period of effect for the individual’s classification level for the classification type for the service group”, substitute “the number of days in the period prescribed by the rules (which must not be longer than the maximum period of effect for the individual’s classification level for the classification type for the service group)”.

After subsection 195(3)

Insert:
Credit due to circumstances prescribed by the rules applying
(3A)
If the circumstances prescribed by the rules apply in relation to the individual, at the start of a day prescribed by the rules the amount prescribed by the rules is credited to the account.

(3B)
Without limiting subsection (3A), rules made for the purposes of that subsection may provide that the System Governor may determine the amount for the individual in accordance with the rules.
(3C)
If a determination made by the System Governor under rules made for the purposes of subsection (3A) is made in writing, the determination is not a legislative instrument.

Subsection 195(4)

Omit “at the start of the day”.

Subsections 195(5) and (6)

Repeal the subsections, substitute:
Debits
(5)
If a claim is made under section 251 for person‑centred subsidy for the delivery of a short‑term funded aged care service to the individual, the account is debited in accordance with section 251B immediately after the claim is approved under subsection 251(4).
(6)
To avoid doubt, the time the account is debited may be a time after the end of the relevant period to which the claim relates.

Before paragraph 197(3)(a)

Insert:
(aa)
circumstances that include that the System Governor has made a determination about particular matters; and

At the end of section 197

Add:
(5)
If a determination made by the System Governor under rules made for the purposes of subsection (2) is made in writing, the determination is not a legislative instrument.

Section 201

Repeal the section, substitute:

201Eligibility for provider‑based subsidy

A registered provider is eligible for provider‑based subsidy for an ongoing funded aged care service delivered by the registered provider to an individual on a day if:
(a)
the requirements in paragraphs 191(2)(a), (b), (c), (d), (g), (h) and (i) are met in relation to the funded aged care service and the individual; and
(b)
the requirements in subsection 191(3) are met in relation to the funded aged care service and the individual; and
(c)
the funded aged care service is prescribed by the rules.
90
Section 202 (method statement, step 3 and the final sentence including paragraphs (a) and (b))
Repeal the step and the sentence, substitute:
The result is the amount of provider‑based subsidy for which the registered provider is eligible for the individual for the service for the day.

Section 203

Repeal the section, substitute:

203Available service delivery branch financial year account balance

Service delivery branch account
(1)
A notional service delivery branch account for a registered provider for a service delivery branch of the provider is established:
(a)
for the financial year (the first financial year) for which the start day (the initial account start day) included in the first start notification given for any individual (the first individual) for the delivery of ongoing funded aged care services through the service group home support to the individual through the service branch occurs; and
(b)
for each subsequent financial year (unless circumstances prescribed by the rules apply).

Credits—first and second quarters of active operation
(2)
For the first quarter (the first quarter of operation) in the first financial year or the subsequent quarter (the second quarter of operation) the amount referred to in subsection (3) is credited to the account for the financial year in which the quarter occurs in relation to each individual (including the first individual) to whom both of the following apply on a day in the quarter:
(a)
the registered provider gives a start notification for the individual for the classification type ongoing for the service group home support on that day;
(b)
the individual’s start day included in that notification is on or before that day.
(3)
The amount is the sum of:
(a)
the base provider amount for the individual, multiplied by the number of days prescribed by the rules; and
(b)
the amount of any provider‑based supplements that apply to the provider in relation to the individual, multiplied by the number of days prescribed by the rules.
Credits—subsequent quarters
(4)
At the start of the first day of a quarter in a financial year (other than the first quarter of operation or second quarter of operation), the following is credited to the account:
(a)
the sum of the base provider amount for each individual covered by subsection (5) for the quarter, multiplied by the number of days in the quarter;
(b)
the sum of any provider‑based supplements that apply to the provider in relation to an individual covered by subsection (5) for the quarter, multiplied by the number of days in the quarter.
(5)
An individual is covered by this subsection for a quarter (the relevant quarter) if:
(a)
the registered provider has given, at a time in any previous quarter during which the account has existed, a start notification for the individual for the classification type ongoing for the service group home support and that time is before the time (the test time) prescribed by the rules in the quarter immediately before the relevant quarter; and
(b)
the individual’s start day included in that notification was on or before the day the notification was given; and
(c)
any other requirements prescribed by the rules are met.
Credit due to change in classification, or change from interim to full place, of individual to whom services are being delivered through service delivery branch
(6)
If:
(a)
either of the following apply in relation to an individual for a day that is on or after the initial account start day:
(i)
a new classification level for the classification type ongoing for the service group home support comes into effect for the individual on the day;
(ii)
a full place comes into effect for the individual for the classification type ongoing for the service group home support on the day; and
(b)
the base individual amount (the new base individual amount) for the individual for the classification type for the service group is higher as a result of that classification level or place coming into effect;
the account for the financial year in which that day occurs is credited with the difference between the new base individual amount and the base individual amount for the individual for the classification type for the service group that applied before the classification level or full place came into effect, multiplied by the remaining days in the quarter in which the day occurs (including that day).
Credit for provider‑based supplement starting to apply
(7)
If a provider‑based supplement starts applying to the provider in relation to an individual:
(a)
for an individual to whom subsection (2) applies—on a day in the first quarter of operation or second quarter of operation that is after the day the registered provider gives a start notification for the individual; or
(b)
for an individual to whom subsection (4) applies for a quarter—on a day in that quarter;
the account for the financial year in which the quarter occurs is credited with the amount of that provider‑based supplement for the day multiplied by the number of days prescribed by the rules.
Rollover credit
(8)
For an account for a financial year other than the first financial year of operation, if the circumstances prescribed by the rules apply, then the amount prescribed by the rules for those circumstances is credited to the account at the earlier of the following:
(a)
if the registered provider gives the System Governor notice that the provider has made the provider’s final claim for subsidy for the previous financial year—the day that claim is approved under subsection 251(4);
(b)
the day that is 61 days after the last day of the previous financial year.
Debits
(9)
If a claim is made under section 251 for provider‑based subsidy for the delivery of an ongoing funded aged care service to an individual through the service delivery branch on a day, the account is debited in accordance with section 251B immediately after the claim is approved under subsection 251(4).
(10)
To avoid doubt, the time the account is debited may be a time after the end of the financial year to which the claim relates.
Ceasing of accounts
(11)
An account for a financial year ceases in circumstances prescribed by the rules.

Section 204

Omit “subsection 203(3)”, substitute “subsection 203(5) for a quarter”.

Subsection 209(1)

Omit “A registered”, substitute “The System Governor must determine that a registered”.

Subsection 209(1)

Omit “the System Governor is reasonably satisfied”.

Subsection 209(1)

Omit “subsection (2) and (3)”, substitute “subsections (2), (3) and (4)”.

Paragraph 209(2)(c)

After “section 92”, insert “and the place is in effect”.

Paragraph 209(2)(e)

Repeal the paragraph.

At the end of section 209

Add:
(4)
The requirement is that:
(a)
unless paragraph (b) applies—the day is on or after the start day specified in a start notification given by the registered provider for delivering ongoing or short‑term funded aged care services to the individual for the service group through a service delivery branch of the provider; or
(b)
if the rules prescribe circumstances for the purposes of this paragraph—those circumstances apply.
99
Section 210 (method statement, steps 3, 4, 5, 6 and 7 and the final sentence)
Repeal the steps and the sentence, substitute:
Step 3. Work out the sum of:
(a)
the provisional subsidy amount; and
(b)
any secondary person‑centred supplements for the classification type ongoing or short‑term for the service group assistive technology that apply to the individual for the day.
The result is the amount of subsidy for which the registered provider is eligible for the individual for the service for the day.

100

Subsection 211(2)

Repeal the subsection.

101

Subsection 211(5)

Omit “at the start of the day”.

102

Subsections 211(6) and (7)

Repeal the subsections, substitute:
Debits
(6)
If a claim is made under section 251 for person‑centred subsidy for the delivery of an ongoing or short‑term funded aged care service through the service group to the individual on a day in the account period, the account is debited in accordance with section 251B immediately after the claim is approved under subsection 251(4).

103

Before paragraph 214(3)(a)

Insert:
(aa)
circumstances that include that the System Governor has made a determination about particular matters; and

104

At the end of section 214

Add:
(5)
If a determination made by the System Governor under rules made for the purposes of subsection (2) is made in writing, the determination is not a legislative instrument.

105

Subsection 218(1)

Omit “A registered”, substitute “The System Governor must determine that a registered”.

106

Subsection 218(1)

Omit “, the System Governor is reasonably satisfied”.

107

Subsection 218(1)

Omit “subsection (2) and (3)”, substitute “subsections (2), (3) and (4)”.

108

Paragraph 218(2)(c)

After “section 92”, insert “and the place is in effect”.

109

Subparagraph 218(2)(d)(i)

Omit “ongoing or”.

110

Paragraph 218(2)(e)

Repeal the paragraph.

111

At the end of section 218

Add:
(4)
The requirement is that:
(a)
unless paragraph (b) applies—the day is on or after the start day specified in a start notification given by the registered provider for delivering short‑term funded aged care services to the individual for the service group through a service delivery branch of the provider; or
(b)
if the rules prescribe circumstances for the purposes of this paragraph—those circumstances apply.

112

Section 219

Omit “an ongoing or”, substitute “a”.
113
Section 219 (method statement, steps 3, 4, 5, 6 and 7 and the final sentence)
Repeal the steps and the sentence, substitute:
Step 3. Work out the sum of:
(a)
the provisional subsidy amount; and
(b)
any secondary person‑centred supplements for the classification type short‑term for the service group home modifications that apply to the individual for the day.
The result is the amount of subsidy for which the registered provider is eligible for the individual for the service for the day.

114

Subsection 220(1)

Omit “ongoing or”.

115

Subsection 220(2)

Repeal the subsection.

116

Subsection 220(4)

Omit “at the start of the day”.

117

Subsections 220(5) and (6)

Repeal the subsections, substitute:
Debits
(5)
If a claim is made under section 251 for person‑centred subsidy for the delivery of a short‑term funded aged care service through the service group home modifications to the individual on a day in the account period, the account is debited in accordance with section 251B immediately after the claim is approved under subsection 251(4).

118

Before paragraph 223(3)(a)

Insert:
(aa)
circumstances that include that the System Governor has made a determination about particular matters; and

119

At the end of section 223

Add:
(5)
If a determination made by the System Governor under rules made for the purposes of subsection (2) is made in writing, the determination is not a legislative instrument.

120

Section 224

Omit “ongoing or”.

121

At the end of subsection 226A(1)

Add:
; and (c)
neither section 21F nor section 21JB of those Principles applied in relation to the Commonwealth portion of that amount (whether or not the Commonwealth portion had become due and payable to the Commonwealth).

122

Subsection 226A(2)

Repeal the subsection.

123

Subsections 226A(4) and (5)

Repeal the subsections, substitute:
Debits for claims
(4)
If a claim is made under section 251 for person‑centred subsidy for the delivery of a funded aged care service to the individual on a day, the unspent Commonwealth portion is debited (if at all) in accordance with section 251B immediately after the claim is approved under subsection 251(4).

124

At the end of section 226B

Add:
(4)
The provider must return the available balance of the unspent Commonwealth portion for the individual to the Commonwealth:
(a)
within the period prescribed by the rules after the day the notice of the election is given to the System Governor; and
(b)
in accordance with any other requirements prescribed by the rules.
Note: If the available balance is not returned to the Commonwealth in accordance with this section, it may be a recoverable amount: see subsection 514(3).

125

Paragraph 226C(2)(b)

Repeal the paragraph, substitute:
(b)
return the available balance of the unspent Commonwealth portion for the individual to the Commonwealth:
(i)
within the period prescribed by the rules after the cessation; and
(ii)
in accordance with any other requirements prescribed by the rules.

126

At the end of subsection 226C(2)

Add:
Note: If the available balance is not returned to the Commonwealth in accordance with this section, it may be a recoverable amount: see subsection 514(3).

127

Paragraph 226D(2)(b)

Repeal the paragraph, substitute:
(b)
return the available balance of the unspent Commonwealth portion for the individual to the Commonwealth:
(i)
within the period prescribed by the rules after the cessation; and
(ii)
in accordance with any other requirements prescribed by the rules.

128

At the end of subsection 226D(2)

Add:
Note: If the available balance is not returned to the Commonwealth in accordance with this section, it may be a recoverable amount: see subsection 514(3).

129

Subsection 226E(1)

Repeal the subsection, substitute:
Home care account
(1)
A notional home care account is established for an individual at the transition time if:
(a)
immediately before the transition time:
(i)
the individual had a home care account under the old Act; and
(ii)
the home care account balance of that account under the old Act was not zero; or
(b)
at the transition time, a registered provider holds an unspent Commonwealth portion for the individual under section 226A.

130

Subsection 226E(2)

Repeal the subsection.

131

Subsection 226E(3)

Repeal the subsection, substitute:
Initial credit
(3)
At the transition time, the amount that, immediately before the transition time, is recorded in the information technology system relating to aged care payments operated by Services Australia as the amount of the individual’s home care account balance is credited to the account.

132

Subsections 226E(7), (8) and (9)

Repeal the subsections, substitute:
Debits for claims
(7)
If a claim is made under section 251 for person‑centred subsidy for the delivery of a funded aged care service to the individual on a day, the account is debited (if at all) in accordance with section 251B immediately after the claim is approved under subsection 251(4).
Debit to zero in prescribed circumstances
(8)
If circumstances prescribed by the rules apply to the individual on a day, the account is reduced to zero on that day.
Ceasing of account
(9)
The account ceases in the circumstances prescribed by the rules.

133

Division 4 of Part 2 of Chapter 4 (heading)

Repeal the heading, substitute:

Division 4—Subsidy for residential care—general

Subdivision AA—When this Division does not apply

227ADivision (other than section 227) not to apply to individuals in prescribed classes

This Division (other than section 227) does not apply in relation to an individual accessing ongoing funded aged care services through the service group residential care if the individual is in a class of individuals prescribed by the rules.
Note: For the amount of subsidy for residential care for these individuals, see Division 4A.

134

Subsection 227(1)

Omit “A registered”, substitute “Subject to subsections (3) and (4), the System Governor must determine that a registered”.

135

Subsection 227(1)

Omit “the System Governor is reasonably satisfied the requirements in subsections (2) to (4) are met”, substitute “the requirements in subsections (2) and (2A) are met”.

136

Subsection 227(2)

After “The requirements are”, insert “that on the day”.

137

Paragraph 227(2)(c)

After “section 92”, insert “and the place is in effect”.

138

Paragraph 227(2)(e)

Repeal the paragraph.

139

After subsection 227(2)

Insert:
(2A)
The requirement is that:
(a)
unless paragraph (b) applies—the day is on or after the start day specified in a start notification given by the registered provider for delivering ongoing or short‑term funded aged care services to the individual for the service group at an approved residential care home of the provider; or
(b)
if the rules prescribe circumstances for the purposes of this paragraph—those circumstances apply.

140

Subsection 227(3)

Omit “Despite subsection (1), a”, substitute “The System Governor must determine that a”.

141

Subsection 227(3)

Omit “the System Governor is reasonably satisfied that”.

142

Subsection 227(4)

Omit “Despite subsection (1), a”, substitute “The System Governor must determine that a”.

143

Subsection 227(4)

Omit “the System Governor is reasonably satisfied that”.

144

Subsection 227(5)

Omit “a particular day”, substitute “the day”.

145

Paragraph 230(1)(a)

Repeal the paragraph, substitute:
(a)
for the ongoing classification type:
(i)
the accommodation supplement; and
(ii)
the hotelling supplement; and
(aa)
for the short‑term classification type—the hotelling supplement; and

146

Before paragraph 231(3)(a)

Insert:
(aa)
circumstances that include that the System Governor has made a determination about particular matters; and

147

At the end of section 231

Add:
(5)
If a determination made by the System Governor under rules made for the purposes of subsection (2) is made in writing, the determination is not a legislative instrument.

148

Subsection 234(5)

After “determined” (second occurring), insert “in”.

149

Subsection 235(1) (method statement, step 2)

Omit “see subsection (4)”, substitute “see subsection (3)”.

150

Subsection 235(6)

Repeal the subsection.

151

At the end of section 239

Add:
(3)
Without limiting subsection (2), circumstances prescribed for a provider‑based supplement may include circumstances relating to any of the following:
(a)
characteristics of the approved residential care home in which the service was delivered (such as its location and number of beds);
(b)
the number of other individuals to whom the registered provider delivered funded aged care services at the approved residential care home during a particular period (whether or not that period includes the day, and whether or not the funded aged care services were provided during that period to the individual in relation to whom the supplement applies);
(c)
information provided to the System Governor in relation to the registered provider’s compliance with one or more of the following in relation to the approved residential care home for a particular period (whether or not that period includes the day):
(i)
a condition of the registered provider’s registration under Division 1 of Part 4 of Chapter 3;

(ii)
an obligation of the registered provider under Division 2 of that Part.
(4)
Before the Minister makes rules prescribing circumstancesfor the purposes of paragraph (2)(a), the Minister must be reasonably satisfied that additional funding will assist those registered providers to improve, or maintain, compliance with any of the following in relation to the delivery of funded aged care services to individuals at the approved residential care home:
(a)
a condition of registration under Division 1 of Part 4 of Chapter 3 that applies to those providers;
(b)
an obligation under Division 2 of that Part that applies to those providers.

152

Subsection 242(5)

Repeal the subsection.
153
After Subdivision D of Division 4 of Part 2 of Chapter 4
Insert:

Division 4A—Amount of subsidy for residential care—individuals in prescribed classes

242AEligibility for subsidy

(1)
A registered provider is eligible for subsidyfor a funded aged care service delivered by the registered provider to an individual in a class of individuals prescribed by rules made for the purposes of section 227A through the service group residential care on a day if the System Governor is reasonably satisfied the requirements in subsections (2) to (4) are met.
General requirements
(2)
The requirements are:
(a)
the registered provider’s registration is in effect and covers the funded aged care service; and
(b)
the individual has an access approval that is in effect that covers the funded aged care service; and
(c)
the individual has been allocated a place for the classification type for the service group under section 92; and
(d)
the individual has a classification level in effect for the classification type ongoing or short‑term for the service group; and
(e)
either:
(i)
the registered provider has given a start notification for delivering ongoing or short‑term funded aged care services to the individual through the service group at an approved residential care home of the provider; or
(ii)
circumstances prescribed by the rules apply; and
(f)
the funded aged care service is not being delivered to the individual under a specialist aged care program; and
(g)
the individual is not excluded (see subsection (5)).
Circumstances where registered provider not eligible
(3)
Despite subsection (1), a registered provider is not eligible for subsidy for a day for the service group residential care for an individual if the System Governor is reasonably satisfied that:
(a)
the registered provider ceased delivering funded aged care services through the service group to the individual in an approved residential care home on that day (and that day is a different day to the day the provider started delivering those services); and
(b)
no other registered provider subsequently started delivering funded aged care services through the service group to the individual in another approved residential care home on that day.
(4)
Despite subsection (1), a registered provider is not eligible for subsidy for a day for the service group residential care for an individual if the System Governor is reasonably satisfied that:
(a)
the provider started delivering funded aged care services though the service group to the individual in an approved residential care home on the day; and
(b)
the provider was not the first registered provider to start delivering funded aged care services through the service group to the individual in an approved residential care home on the day.
Excluded individuals
(5)
For the purposes of paragraph (2)(g), an individual is excluded in relation to funded aged care services delivered to the individual by a registered provider through the service group residential care in an approved residential care home on a particular day if:
(a)
the number of individuals to whom the registered provider delivered funded aged care services through that service group in that home during that day exceeds the total number of beds covered by the registered provider’s registration for that home (as reduced by any offline beds for that home); and
(b)
the individual is in the group of one or more individuals who comprise the excess based on working back from the most recent individual to enter the approved residential care home.

242BAmount of subsidy

The amount of subsidy a registered provider is eligible for under section 242A for an ongoing funded aged care service delivered to an individual in a class of individuals prescribed by rules made for the purposes of section 227A through the service group residential care on a day is the amount prescribed by the rules for that class of individuals.
154
Subdivision E of Division 4 of Part 2 of Chapter 4 (heading)
Repeal the heading, substitute:

Division 4B—Approved residential care homes with specialised status and leave from approved residential care homes

155

Subsection 243(3)

Repeal the subsection, substitute:
(3)
The System Governor must consider an application made by a registered provider under subsection (1) and decide:
(a)
whether to determine that the approved residential care home has specialised status; and
(b)
if determining that the approved residential care home has specialised status—the period, not exceeding the period referred to in paragraph (5)(c), for which the determination has effect.

156

Paragraph 243(4)(a)

After “the decision”, insert “, including the period of effect for the determination”.

157

At the end of subsection 243(5)

Add:
; and (c)
the maximum period of effect for such a determination.

158

After section 243

Insert:

243ARevoking specialised status determinations

Revocation on initiative of System Governor
(1)
The System Governor may, by written notice given to a registered provider, revoke a determination made under subsection 243(3) in relation to the registered provider and an approved residential care home if circumstances prescribed by the rules apply.
Revocation on request
(2)
A registered provider may, by written notice given to the System Governor, request the System Governor to revoke a determination made under subsection 243(3) in relation to the registered provider and an approved residential care home.
(3)
The System Governor must revoke a determination for which a request is given under subsection (2) and give written notice to the registered provider of the revocation.
Notice requirements
(4)
A notice given under subsection (1) or (3) must specify the day the revocation takes effect (which must not be earlier than the day the notice is given).
159
Subdivision F of Division 4 of Part 2 of Chapter 4 (heading)
Repeal the heading.

160

Subsection 244(2)

Omit “for the purposes of this Division”, substitute “for the purposes of this Act”.

161

Paragraph 244(7)(b)

Omit “subsections (4), (5), (6) or (7)”, substitute “subsections (3), (4), (5) or (6)”.

162After subsection 247(1)

Insert:
(1A)
To avoid doubt, paragraph (1)(a) does not prevent there being one or more other parties to the agreement.

163

Paragraph 247(4)(c)

Renumber as paragraph (b).

164

Paragraph 249(2)(a)

Repeal the paragraph.

165Sections 250 and 251

Repeal the sections, substitute:

250Payment of subsidy

(1)
Subsidy is payable by the Commonwealth to a registered provider if:
(a)
the registered provider is eligible for subsidy under section 191, 201, 209 or 218 for a funded aged care service delivered to an individual on a day; and
(b)
the registered provider gives the System Governor a claim for that subsidy in accordance with section 251.
Note: Subsidy is not payable to the extent that there are insufficient funds in an individual’s relevant notional account: see section 251A.
(2)
Subsidy payable in relation to individuals to whom funded aged care services were delivered through each service delivery branch of a registered provider is separately payable by the Commonwealth.
(3)
If the full amount of subsidy for which a registered provider is eligible under section 191, 201, 209 or 218 for a funded aged care service delivered to an individual on a day is not payable because of the previous operation of section 251A in relation to the subsidy, the registered provider remains eligible for so much of the full amount of subsidy as remains unpaid.
Note: If additional credits are made to the individual’s relevant notional account or the registered provider’s relevant notional service delivery branch account, the unpaid amount may become payable in accordance with subsection (1) if an additional claim is made for that unpaid amount.

251Claims for subsidy

(1)
For the purposes of obtaining payment, a registered provider must give to the System Governor a claim, in an approved form, for any subsidy that is payable, for the relevant period for the subsidy, to the registered provider under section 250 for a funded aged care service delivered to an individual through a service delivery branch of the registered provider during the relevant period.
(2)
The relevant period is:
(a)
for person‑centred subsidy for an ongoing funded aged care service delivered to an individual through the service group home support—a quarter; and
(b)
for provider‑based subsidy for an ongoing funded aged care service delivered to an individual through the service group home support—a financial year; and
(c)
for subsidy for a short‑term funded aged care service delivered to an individual through the service group home support—the maximum period of effect for the individual’s classification level for the classification type for the service group; and
(d)
for subsidy for ongoing funded aged care services delivered to an individual through the service group assistive technology—the period prescribed by the rules; and
(e)
for subsidy for short‑term funded aged care services delivered to an individual through the service group assistive technology or home modifications—the maximum period of effect for the individual’s classification level for the classification type for the service group.
(3)
The claim must be given to the System Governor before the end of:
(a)
whichever of the following periods ends first:
(i)
the period of 60 days after the end of the relevant period;
(ii)
the period of 60 days after an event prescribed by the rules occurs; or
(b)
if the System Governor determines a longer period for the claim than would otherwise apply under paragraph (a)—that longer period.
Note: Because the claim must be given before the end of the period applicable under this subsection, it can be given at any time before the end of that period, including during the relevant period
(4)
The System Governor must approve the claim for any subsidy that is payable to the registered provider, and give the registered provider a payment summary relating to the claim, as soon as reasonably practicable after the claim is given to the System Governor under subsection (1), unless the System Governor gives a written notice under section 252 to the registered provider in relation to the claim (which deals with registered providers who are not eligible).
(5)
To avoid doubt, for the purposes of this section:
(a)
multiple claims can be made for a single relevant period; and
(b)
claims for multiple days in the same relevant period can be included in a single claim; and
(c)
a further claim may be made for an unpaid amount referred to in subsection 250(3).

251ASubsidy amounts not payable to the extent of insufficient funds

Person‑centred subsidy for home support
(1)
Despite subsection 250(1), subsidy for which a registered provider is eligible under section 191 for the delivery of a funded aged care service to an individual on day is payable only to the extent that, immediately before the claim for the subsidy is approved, the amount worked out at Step 1 of the method statement in subsection 192(1) or 192(2) (the debit amount) in relation to the subsidy does not exceed:
(a)
the available balance of the individual’s notional ongoing home support account or notional short‑term home support account (as applicable) for the quarter or account period (as applicable) in which the day occurs; or
(b)
if there is an excess amount—the excess amount (as reduced (but not below zero) by the sum of any reduction amounts referred to in Step 2 of the method statement in subsection 192(1) or 192(2) and the available balance of any unspent Commonwealth portion held by the provider for the individual) does not exceed the available balance of any notional home care account for the individual.
Provider‑based subsidy for home support
(2)
Despite subsection 250(1), subsidy for which a registered provider is eligible under section 201 for the delivery of a funded aged care service to an individual on a day is only payable to the extent that, immediately before the claim for the subsidy is approved, the amount worked out at Step 1 of the method statement in section 202 (the debit amount) in relation to the subsidy does not exceed the available balance of the registered provider’s notional service delivery branch account for the service branch through which the service was delivered for the financial year in which the day occurs.
Person‑centred subsidy for assistive technology or home modifications
(3)
Despite subsection 250(1), subsidy for which a registered provider is eligible under section 209 or 218 for the delivery of a funded aged care service to an individual on a day is only payable to the extent that, immediately before the claim for the subsidy is approved, theamount worked out at Step 1 of the method statement in section 210 and 219(the debit amount) in relation to the subsidy as reduced (but not below zero) by the available balance of any unspent Commonwealth portion held by the registered provider for the individual:
(a)
does not exceed the available balance of any notional home care account for the individual; or
(b)
if there is an excess amount—the excess amount (as reduced (but not below zero) by the sum of any reduction amounts referred to in step 2 of the method statement in section 210 or 219) does not exceed the available balance of the individual’s notional assistive technology account or notional home modifications account.

251BDebiting of notional accounts and unspent Commonwealth portions

Person‑centred subsidy for home support
(1)
If the System Governor approves a claim relating to subsidy for which the registered provider is eligible under section 191 for the delivery of a funded aged care service to an individual on a day, the following must be debited, in the following order, to cover so much of the debit amount referred to in subsection 251A(1) that is payable under that subsection:
(a)
the individual’s notional ongoing home support account or notional short‑term home support account for the quarter or account period in which the day occurs;
(b)
any unspent Commonwealth portion held by the provider for the individual;
(c)
the individual’s notional home care account (if any).
Provider‑based subsidy for home support
(2)
If the System Governor approves a claim relating to subsidy for which the registered provider is eligible under section 201 for the delivery of a funded aged care service to an individual on a day, the registered provider’s notional service delivery branch account for the service delivery branch through which the service was delivered for the financial year in which the day occurs must be debited to cover so much of the debit amount referred to in subsection 251A(2) that is payable under that subsection.
Person‑centred subsidy for assistive technology or home modifications
(3)
If the System Governor approves a claim relating to subsidy for which the registered provider is eligible under section 209 or 218 for the delivery of a funded aged care service to an individual on a day, the following must be debited, in the following order, to cover so much of the debit amount referred to in subsection 251A(3) that is payable under that subsection:
(a)
any unspent Commonwealth portion held by the provider for the individual;
(b)
the individual’s notional home care account (if any);
(c)
the individual’s notional assistive technology account or notional home modifications account.
Debiting of unspent Commonwealth portions
(4)
To avoid doubt, an unspent Commonwealth portion held by a registered provider for an individual is required to be debited under this section if the portion has reduced an excess amount referred to in paragraph 251A(1)(b) or the debit amount as referred to in subsection 251A(3).
Note: If additional credits are made to the individual’s relevant notional account or the provider’s relevant notional service delivery branch account, the unpaid amount may become payable in accordance with subsection 250(1) if an additional claim is made for that unpaid amount.

166

Paragraph 252(a)

Repeal the paragraph, substitute:
(a)
the registered provider has a made a claim under section 251 for subsidy for the delivery of a funded aged care service to an individual on a day; and

167

Paragraph 253(1)(a)

Omit “that period”, substitute “the period applicable for the claim under subsection 251(3)”.

168

Subsection 254(1)

Repeal the subsection, substitute:
(1)
Subsidy is payable by the Commonwealth to a registered provider for each day in a payment period for which the registered provider is eligible for an individual under section 227, 236 or 242A.

169

Subsection 254(2)

Omit “The sum of person‑centred subsidy and provider‑based subsidy”, substitute “The sum of subsidy”.

170

Subparagraph 256(2)(b)(ii)

Omit “the System Governor reasonably believes”.

171

Subparagraph 256(2)(b)(ii)

Omit “likely”, substitute “any”.

172

Subsection 257(1)

Omit “person‑centred subsidy and provider‑based subsidy”, substitute “subsidy”.

173

Paragraph 258(a)

Repeal the paragraph, substitute:
(a)
the registered provider has made a claim under section 257 for subsidy in relation to an individual; and
174
At the end of Subdivision D of Division 6 of Part 2 of Chapter 4
Add:

263AMergers of service delivery branches

(1)
The rules may make provision for, or in relation to, the merger of 2 or more service delivery branches of a registered provider into a single service delivery branch of the provider.
(2)
Without limiting subsection (1), the rules may make provision for, or in relation to, any one or more of the following matters:
(a)
the consolidation of the notional service delivery branch accounts for those branches;
(b)
any other rights, obligations or responsibilities of the registered provider in relation to each of those service delivery branches under this Chapter as they exist immediately before the merger takes effect;
(c)
any other matter that is reasonably necessary to deal with the matter specified in paragraph (a) or (b).

175

Subsection 264(1)

Omit “in effect”, substitute “established”.

176

At the end of subsection 273A(1)

Add:
; and (c)
section 21F of those Principles did not apply in relation to the care recipient portion of that amount.

177

After section 275

Insert:

275ADivision not to apply to individuals in prescribed classes

This Division does not apply in relation to an individual accessing ongoing funded aged care services through the service group residential care if the individual is in a class of individuals prescribed by the rules.
Note: For fees and contributions for these individuals, see Division 2A.

178

Subsections 277(4) and (5)

Repeal the subsections, substitute:
(4)
Reduce the amounts worked out under each of Steps 1, 3 and 4 of the method statement in subsection (1) in accordance with rules made for the purposes of subsection 231(3).

179

Subsections 278(3) and 279(6)

Repeal the subsections.

180

Subsection 284(2)

Omit “a written”, substitute “an”.

181

Subsection 284(2) (note)

Repeal the note.

182

At the end of section 284

Add:
(7)
To avoid doubt, a higher everyday living fee may be charged in accordance with subsection (1) for a service that is not included on the list of services referred to in subsection 8(1) if the service is incidental to, or capable of enhancing the quality of, a particular funded aged care service that is included on that list.

183

After section 285

Insert:

Division 2A—Fees and contributions payable for delivery of funded aged care services to individuals in prescribed classes

285AFees and contributions payable for delivery of funded aged care services to individuals in prescribed classes

disclose to the service operator

use

healthcare identifier of a healthcare support service provider

identifying information of a healthcare support service provider

the use or disclosure is:

(a) for the purpose of assisting the service operator to assign a healthcare identifier to the healthcare support service provider; or
(b) for a purpose relating to the Healthcare Provider Directory

Service operator

collect from the Aged Care Department, the National Disability Insurance Agency or an entity prescribed by the regulations

use

healthcare identifier of a healthcare support service provider

identifying information of a healthcare support service provider

the collection or use is:

(a) for the purpose of assisting the service operator to assign a healthcare identifier to the healthcare support service provider; or
(b) for a purpose relating to the Healthcare Provider Directory

179

Section 22 (cell at table item 1, column 4)

Repeal the cell, substitute:

the use or disclosure is:

(a) for the purposes of assisting the service operator to establish and maintain a record mentioned in section 10 (a record of healthcare identifiers assigned and other matters, such as requests made to the service operator to disclose those identifiers); or
(b) for a purpose relating to the Healthcare Provider Directory

180

Section 22 (after table item 1)

Insert:

a professional body

a registration authority

collect from the service operator

use

disclose to the service operator

healthcare identifier of a healthcare provider

information that relates to the healthcare identifier of a healthcare provider

the collection, use or disclosure is:

(a) for the purposes of assisting the service operator to establish and maintain a record mentioned in section 10 (a record of healthcare identifiers assigned and other matters, such as requests made to the service operator to disclose those identifiers); or
(b) for a purpose relating to the Healthcare Provider Directory

181

Section 22 (cell at table item 2, column 2)

Repeal the cell, substitute:

collect from a registration authority or a professional body

use

182

Section 22 (cell at table item 2, column 4)

Repeal the cell, substitute:

the collection or use is:

(a) for the purposes of assisting the service operator to establish and maintain a record mentioned in section 10 (a record of healthcare identifiers assigned and other matters, such as requests made to the service operator to disclose those identifiers); or
(b) for a purpose relating to the Healthcare Provider Directory

183

Section 22 (at the end of the table)

Add:

Service operator

collect from the Aged Care Department, the National Disability Insurance Agency or an entity prescribed by the regulations

use

healthcare identifier of a healthcare support service provider

identifying information of a healthcare support service provider

the use or disclosure is for the purposes of assisting the service operator to establish and maintain a record mentioned in section 10 (a record of healthcare identifiers assigned and other matters, such as requests made to the service operator to disclose those identifiers)

184

Section 23 (cell at table item 1, column 1)

Repeal the cell, substitute:

identified healthcare provider

health administration entity

185

Section 23 (cell at table item 1, column 4)

Repeal the cell, substitute:

the use or disclosure is for the purpose of:

(a) assisting the healthcare provider to communicate or manage health information or information about support services, as part of providing healthcare or support services to a healthcare recipient; or
(b) health administration

186

Section 23 (cell at table item 2, column 2)

Repeal the cell, substitute:

collect from an identified healthcare provider or a health administration entity

187

Section 23 (cell at table item 2, column 4)

Repeal the cell, substitute:

the collection is for the purpose of:

(a) assisting the healthcare provider to communicate or manage health information or information about support services, as part of providing healthcare or support services to a healthcare recipient; or
(b) health administration

188

Section 23 (cell at table item 3, column 2)

Repeal the cell, substitute:

use

disclose to an identified healthcare provider or a health administration entity

189

Section 23 (cell at table item 3, column 4)

Repeal the cell, substitute:

the use or disclosure is for the purpose of:

(a) assisting the healthcare provider to communicate or manage health information or information about support services, as part of providing healthcare or support services to a healthcare recipient; or
(b) health administration

190

Section 23 (cell at table item 4, column 1)

Repeal the cell, substitute:

identified healthcare provider

health administration entity

191

Section 23 (cell at table item 4, column 4)

Repeal the cell, substitute:

the use or disclosure is for the purpose of:

(a) assisting the healthcare provider to communicate or manage health information or information about support services, as part of providing healthcare or support services to a healthcare recipient; or
(b) health administration

192

Section 23 (table item 5)

Repeal the item, substitute:

identified healthcare provider

health administration entity

collect

use

disclose to another entity

healthcare identifier of a healthcare provider

identifying information of a healthcare provider

the collection, use or disclosure is for the purpose of:

(a) communicating or managing health information or information about support services, as relating to healthcare or support services to a healthcare recipient; or
(b) health administration; or
(c) the provision of indemnity cover for a healthcare provider; or
(d) communicating or managing health information or information about support services provided to a healthcare recipient, as part of the conduct of research that has been approved by a Human Research Ethics Committee or under another Australian law

an entity to which the healthcare identifier of a healthcare provider has been disclosed under item 5

collect

use

disclose to another entity

healthcare identifier of a healthcare provider

identifying information of a healthcare provider

the collection, use or disclosure is for the purpose for which the information was disclosed under column 4 of item 5

193

Section 25A (table item 3, column 2)

After “registration authority” (wherever occurring) insert “or professional body”.

194

Section 25A (cell at table item 3, column 4)

Repeal the cell, substitute:

the collection, use or disclosure is:

(a) for the purpose of ensuring that information held by the service operator, the registration authority or the professional body is accurate, up‑to‑date and complete; or
(b) for a purpose relating to the Healthcare Provider Directory

195

Section 25A (cell at table item 4, column 1)

Repeal the cell, substitute:

registration authority

professional body

196

Section 25A (cell at table item 4, column 4)

Repeal the cell, substitute:

the collection, use or disclosure is:

(a) for the purpose of ensuring that information held by the service operator, the registration authority or the professional body is accurate, up‑to‑date and complete; or
(b) for a purpose relating to the Healthcare Provider Directory

197

After section 25C

Insert:

25CACollection, use and disclosure of the healthcare identifier of a healthcare provider organisation or healthcare support service provider

Any entity (including the service operator) may collect, use and disclose to another entity the healthcare identifier or identifying information of an identified healthcare provider organisation or an identified healthcare support service provider for the purpose of:
(a)
communicating or managing health information, or information about support services, as part of providing healthcare or support services to a healthcare recipient; or
(b)
health administration.

198

Subsection 25E(1)

After “healthcare provider organisation”, insert “or a healthcare support service provider”.

199

Subsection 25E(1)

After “the organisation” (wherever occurring), insert “or provider”.

200

Paragraph 25E(2)(b)

After “healthcare provider organisation”, insert “or healthcare support service provider”.

201

After subsection 25E(3)

Insert:
(3A)
Subsection (1) does not apply to a healthcare support service provider organisation if:
(a)
the healthcare support service provider is required to give the accurate, up‑to‑date and complete information to any of the following:
(i)
the National Disability Insurance Agency;
(ii)
the Aged Care Department;
(iii)
an entity prescribed by regulations made for the purposes of item 6 of the table in section 21; and
(b)
the healthcare support service provider complies with the requirement.

202

Paragraph 26(1)(c)

After “identifying information”, insert “about an individual”.

203

Subsection 31(2)

Omit “only”, substitute “the service operator is only authorised to disclose personal information on the Healthcare Provider Directory”.

204

After paragraph 31(3)(d)

Insert:
(da)whethera healthcare support service provider is a registered provider within the meaning of the Aged Care Act 2024 or an NDIS provider within the meaning of the NDIS Act;

205

Paragraph 31(4)(a)

After “health information”, insert “or information on support services”.

206

Paragraph 31(4)(a)

After “healthcare” (first occurring), insert “or support services”.

207

After section 36A

Insert:

36BAAuthorisation of healthcare provider to which an individual healthcare provider is linked

An authorisation under this Act to an individual healthcare provider to collect, use or disclose information for a particular purpose is an authorisation for a healthcare provider organisation to which the individual healthcare provider is linked to collect, use or disclose the information for that purpose on behalf of the individual healthcare provider.

Health Insurance Act 1973

208

Subparagraph 16A(5AA)(d)(v)

Omit “a residential care service within the meaning of the Aged Care Act 1997”, substitute “a residential care home (within the meaning of the Aged Care Act 2024)”.

209

Subparagraph 16A(5AA)(e)(ii)

Omit “residential care service within the meaning of the Aged Care Act 1997”, substitute “residential care home (within the meaning of the Aged Care Act 2024)”.

Home and Community Care Act 1985

210
Subclause 4(1) of the Schedule (definition of long term residential care)
Omit “through a residential care service within the meaning of the Aged Care Act 1997”, substitute “in an approved residential care home (within the meaning of the Aged Care Act 2024)”.

Human Services (Centrelink) Act 1997

211
Subsection 40A(3) (paragraph (b) of the definition of designated program Act)
Omit “Aged Care Act 1997”, substitute “Aged Care Act 2024”.

212

Saving provision

Section 40A of the Human Services (Centrelink) Act 1997 applies on and after the commencement of this item as if a reference in paragraph (b) of the definition of designated program Act in subsection 40A(3) of that Act to the Aged Care Act 2024 included a reference to the former Aged Care Act 1997.

Human Services (Medicare) Act 1973

213Subparagraphs 41G(a)(iv) and (iva)

Repeal the subparagraphs, substitute:
(iv)
the Aged Care Act 2024; or

214

Saving provision

Section 41G of the Human Services (Medicare) Act 1973 applies on and after the commencement of this item as if a reference in subparagraph (a)(iv) of that section to the Aged Care Act 2024 included a reference to the former Aged Care Act 1997 andformer Aged Care (Transitional Provisions) Act 1997.
215
Subsection 43A(3) (paragraph (b) of the definition of designated program Act)
Omit “Aged Care Act 1997”, substitute “Aged Care Act 2024”.

216

Saving provision

Section 43A of the Human Services (Medicare) Act 1973 applies on and after the commencement of this item as if a reference in paragraph (b) of the definition of designated program Act in subsection 43A(3) of that Act to the Aged Care Act 2024 included a reference to the former Aged Care Act 1997.

Income Tax Assessment Act 1997

217

Subsection 230‑475(3) (heading)

Omit “flexible”, substitute “specialist”.

218

Subsection 230‑475(3)

Omit all the words after “under which”, substitute “*funded aged care services are provided at an *approved residential care home or under a *specialist aged care program”.

219

Subsection 995‑1(1)

Insert:
approved residential care home has the same meaning as in the Aged Care Act 2024.
220
Subsection 995‑1(1) (definition of flexible care)
Repeal the definition.

221

Subsection 995‑1(1)

Insert:
funded aged care service has the same meaning as in the AgedCare Act 2024.
222
Subsection 995‑1(1) (definition of residential care)
Repeal the definition.

223

Subsection 995‑1(1)

Insert:
specialist aged care program has the same meaning as in the Aged Care Act 2024.

Inspector‑General of Aged Care Act 2023

224
Section 5 (after paragraph (a) of the definition of aged care funding agreement)
Insert:
1. (aa)
  an arrangement made under section 264 or 265 of the Aged Care Act 2024;
225
Section 5 (after paragraph (a) of the definition of aged care law)
Insert:
1. (aa)
  a provision of the Aged Care Act 2024;
226
Section 5 (paragraph (d) of the definition of aged care law)
After “paragraph (a),”, insert “(aa),”.
227
Section 5 (subparagraph (b)(i) of the definition of protected information)
Repeal the paragraph, substitute:
1. (i)
  a registered provider (within the meaning of the Aged Care Act 2024); or

228

Subparagraph 18(2)(d)(iii)

Omit “under a provision of the Aged Care Quality and Safety Commission Act 2018”, substitute “of an Appointed Commissioner under a provision of the Aged Care Act 2024”.

229

Subparagraph 18(2)(d)(iv)

Omit “Aged Care Quality and Safety Commission Act 2018”, substitute “Aged Care Act 2024”.

230

Paragraph 21(3)(c)

Repeal the paragraph, substitute:
(c)
if the review relates to the exercise of powers, or the performance of functions or duties, of an Appointed Commissioner under a provision of the Aged Care Act 2024—the Commissioner of the Aged Care Quality and Safety Commission;

231

Subsection 28(5)

Omit “1 March 2026”, substitute “1 November 2027”.

232

Subsection 64(12)

Omit all the words after “if the”, substitute:
disclosure:
(c)
is necessary to lessen or prevent a serious threat to the safety, health or well‑being of an individual seeking to access, or accessing, funded aged care services (within the meaning of the Aged Care Act 2024); or
(d)
is for the purpose of, or in relation to, reporting a past threat to an individual’s life, health or safety to an entity (within the meaning of the Aged Care Act 2024) that has regulatory, compliance or law enforcement functions.

Military Rehabilitation and Compensation Act 2004

233

Subparagraph 286(1)(h)(ii)

Omit “Chapter 3 of the Aged Care Act 1997 or of the Aged Care (Transitional Provisions) Act 1997”, substitute “Part 2 of Chapter 4 of the Aged Care Act 2024”.

234 Paragraph 287(2A)(b)

Omit “Chapter 3 of the Aged Care Act 1997 or of the Aged Care (Transitional Provisions) Act 1997”, substitute “Part 2 of Chapter 4 of the Aged Care Act 2024”.
235
Subsection 409(5) (paragraph (e) of the definition of receiving Commonwealth body)
Omit “Aged Care Act 1997”, substitute “Aged Care Act 2024”.

My Health Records Act 2012

236

Paragraph 43(a)

Repeal the paragraph, substitute:
(a)
the healthcare provider organisation is an identified healthcare provider organisation within the meaning of the Healthcare Identifiers Act 2010; and

237

Subparagraph 45(ba)(ii)

Omit “an individual who is a member of a professional association described in paragraph 9A(1)(b) of the Healthcare Identifiers Act 2010 and whose membership is not”, substitute “an individual who is represented by a professional body described in paragraph 9A(1)(b) of the Healthcare Identifiers Act 2010 and whose credentials are not”.

National Disability Insurance Scheme Act 2013

238

Section 9 (definition of entry)

Repeal the definition.

239

Section 9 (definition of home care)

Repeal the definition.

240

Section 9

Insert:
ongoing funded aged care service has the same meaning as in the Aged Care Act 2024.
241
Section 9 (definition of residential care service)
Repeal the definition.

242

Section 9

Insert:
specialist aged care program has the same meaning as in the Aged Care Act 2024.

243

Paragraph 29(1)(b)

Omit “enters a residential care service on a permanent basis, or starts being provided with home care on a permanent basis”, substitute “commences accessing ongoing funded aged care services on a permanent basis, other than under a specialist aged care program”.

244

Subsection 29(1) (note)

Repeal the note.

National Health Act 1953

245
Subsection 93A(1) (paragraph (b) of the definition of prescribed institution)
Repeal the paragraph, substitute:
1. (b)
  an approved residential care home within the meaning of the Aged Care Act 2024.

National Health Reform Act 2011

246

Section 5 (definition of Aged Care Act)

Repeal the definition, substitute:
Aged Care Act means the Aged Care Act 2024.

247

Paragraph 131A(1)(a)

Omit “or the Aged Care (Transitional Provisions) Act 1997”.

248

Subsection 131A(2)

Omit “to:”, substitute “to the objects of the Aged Care Act (as mentioned in section 5 of that Act).”.

249

Paragraphs 131A(2)(a) and (b)

Repeal the paragraphs.

250

Subparagraph 211D(2)(b)(i)

Omit “section 52G‑4”, substitute “section 290”.

251

At the end of subsection 220A(4)

Add:
; (c)
the Inspector‑General of Aged Care.

252

Subsection 279(5)

Omit “a care recipient (within the meaning of the Aged Care Act) and a continuing care recipient (within the meaning of that Act)”, substitute “an individual accessing funded aged care services (within the meaning of the Aged Care Act)”.

Private Health Insurance Act 2007

253

Subparagraph 72‑1(1)(c)(i)

Repeal the subparagraph, substitute:
(i)
the cost of funded aged care services (within the meaning of the Aged Care Act 2024); or

Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988

254

Subsection 151A(1) (table item 2)

Omit “Aged Care Act 1997”, substitute “Aged Care Act 2024”.
255
Subsection 151A(4) (paragraph (e) of the definition of receiving Commonwealth body)
Omit “Aged Care Act 1997”, substitute “Aged Care Act 2024”.

Sex Discrimination Act 1984

256
Subsection 4(1) (paragraphs (a) and (b) of the definition of Commonwealth‑funded aged care)
Repeal the paragraphs, substitute:
1. (a)
  funded aged care services (within the meaning of the Aged Care Act 2024); or
2. (b)
  activities carried out in accordance with an arrangement made under subsection 265(1) of the Aged Care Act 2024 for a purpose mentioned in paragraph 265(2)(d) or (e) of that Act; or

Social Security Act 1991

257

Subsection 4(9)

Omit all the words after “if the person”, substitute “accesses short‑term funded aged care services (within the meaning of the Aged Care Act 2024) through the service group residential care (within the meaning of that Act) on that day”.

258

After paragraph 8(8)(zm)

Insert:
(zma)
a payment under section 186 of the Aged Care Act 2024;

259

Paragraph 8(8)(zn) (note 3)

Repeal the note, substitute:
Note 3: The operation of this paragraph is limited by subsection (10A).

260

Paragraph 8(8)(zna) (note 3)

Repeal the note, substitute:
Note 3: The operation of this paragraph is limited by subsection (10A).

261

Paragraph 8(8)(znaa) (note 3)

Repeal the note, substitute:
Note 3: The operation of this paragraph is limited by subsection (10A).

262

Subsections 8(10A) and (10B)

Repeal the subsections, substitute:
(10A)
Paragraphs (8)(zn), (zna) and (znaa) do not apply in relation to a person if:
(a)
those paragraphs did not apply in relation to the person immediately before the commencement of the Aged Care Act 2024; or
(b)
a period of 28 consecutive days ends after that commencement in which the person:
(i)
was not provided with residential care or flexible care through a residential care service or a flexible care service; and
(ii)
did not access ongoing funded aged care services in an approved residential care home;
other than because the person was on leave.

263

Subsection 8(10C)

Omit “or (10B) and in the Aged Care Act 1997”, substitute “and in the Aged Care Act 2024 or the Aged Care Act 1997 (as in force immediately before the commencement of the Aged Care Act 2024)”.

264

Subsection 8(10C)

Omit “that Act”, substitute “those Acts”.
265
Subsection 11(1) (definition of accommodation bond)

Omit “1997”, substitute “2024”.
266
Subsection 11(1) (definition of accommodation bond balance)
Omit “1997”, substitute “2024”.
267
Subsection 11(1) (definition of accommodation charge)
Omit “1997”, substitute “2024”.
268
Subsection 11(1) (at the end of the definition of charge exempt resident)
Add “(as in force immediately before the commencement of the Aged Care Act 2024)”.
269
Subsection 11(1) (definition of daily accommodation contribution)
Omit “1997”, substitute “2024”.
270
Subsection 11(1) (definition of daily accommodation payment)
Omit “1997”, substitute “2024”.
271
Subsection 11(1) (definition of refundable deposit)
Omit “1997”, substitute “2024”.
272
Subsection 11(1) (definition of refundable deposit balance)
Omit “1997”, substitute “2024”.

273

Subparagraph 11A(8)(a)(i)

Omit “(or would be accruing such a liability, assuming that no sanctions under Part 7B of the Aged Care Quality and Safety Commission Act 2018 were currently being imposed on the provider of the care concerned)”.

274

Paragraph 11A(8)(a) (note 1)

Omit “Note 1”, substitute “Note”.

275

Paragraph 11A(8)(a) (note 2)

Repeal the note.

276

Subparagraphs 11A(8)(b)(i) and (ba)(i)

Omit “sanctions under Part 7B of the Aged Care Quality and Safety Commission Act 2018”, substitute “conditions under section 143 of the Aged Care Act 2024”.

277

Subsections 11A(8A) and (8B)

Repeal the subsections, substitute:
(8A)
Subsection (8) does not apply in relation to a person if:
(a)
that subsection did not apply in relation to the person immediately before the commencement of the Aged Care Act 2024; or
(b)
a period of 28 consecutive days ends after that commencement in which the person:
(i)
was not provided with residential care or flexible care through a residential care service or a flexible care service; and
(ii)
did not access ongoing funded aged care services in an approved residential care home;
other than because the person was on leave.

278

Subsection 11A(8C)

Omit “or (8B) and in the Aged Care Act 1997”, substitute “and in the Aged Care Act 2024 or the Aged Care Act 1997 (as in force immediately before the commencement of the Aged Care Act 2024)”.

279

Subsection 11A(8C)

Omit “that Act”, substitute “those Acts”.

280

Paragraph 13(8A)(b)

Repeal the paragraph, substitute:
(b)
an approval to access funded aged care services in the service group residential care is in effect for the person under Division 3 of Part 2 of Chapter 2 of the Aged Care Act 2024.

281

Subsection 23(4CA)

Omit all the words after “if the person is”, substitute “accessing funded aged care services (other than under a specialist aged care program) through the service group residential care in an approved residential care home”.

282

Subsection 23(4CB)

Omit “1997”, substitute “2024”.

Treatment Benefits (Special Access) Act 2019

283
Subsection 5(1) (paragraph (a) of the definition of hospital or other institution)
Repeal the paragraph, substitute:
1. (a)
  an approved residential care home (within the meaning of the Aged Care Act 2024);

284

Section 15

Omit “Chapter 3 of the Aged Care Act 1997 or of the Aged Care (Transitional Provisions) Act 1997”, substitute “Part 2 of Chapter 4 of the Aged Care Act 2024”.

285

Paragraph 18(5)(b)

Omit “Chapter 3 of the Aged Care Act 1997 or of the Aged Care (Transitional Provisions) Act 1997”, substitute “Part 2 of Chapter 4 of the Aged Care Act 2024”.

286

Transitional—continuity of arrangements

The amendment of the definition of hospital or other institution in subsection 5(1) of the Treatment Benefits (Special Access) Act 2019 made by this Schedule does not affect the continuity of any arrangement entered into in accordance with section 17 of that Act that was in force immediately before the commencement of this item.

Veterans’ Entitlements Act 1986

287Paragraph 5H(8)(na)

Omit “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 the Aged Care Quality and Safety Commission Act 2018) in respect of care provided”, substitute “made to a registered provider under Division 4 of Part 2 of Chapter 4 of the Aged Care Act 2024 in respect of care delivered”.

288

Paragraph 5H(8)(nb)

Omit “1997”, substitute “2024”.

289

After paragraph 5H(8)(nb)

Insert:
(nba)
a payment under section 186 of the Aged Care Act 2024;

290

Paragraph 5H(8)(nc) (note 1)

Omit “1997”, substitute “2024”.

291

Paragraph 5H(8)(nc) (note 4)

Repeal the note, substitute:
Note 4: The operation of this paragraph is limited by subsection (11A).

292

Paragraph 5H(8)(nd) (note 3)

Repeal the note, substitute:
Note 3: The operation of this paragraph is limited by subsection (11A).

293

Paragraph 5H(8)(ne)

Omit “1997”, substitute “2024”.

294

Paragraph 5H(8)(nf) (note 3)

Repeal the note, substitute:
Note 3: The operation of this paragraph is limited by subsection (11A).

295

Subsections 5H(11A) and (11B)

Repeal the subsections, substitute:
(11A)
Paragraphs (8)(nc), (nd) and (nf) do not apply in relation to a person if:
(a)
those paragraphs did not apply in relation to the person immediately before the commencement of the Aged Care Act 2024; or
(b)
a period of 28 consecutive days ends after that commencement in which the person:
(i)
was not provided with residential care or flexible care through a residential care service or a flexible care service; and
(ii)
did not access ongoing funded aged care services in an approved residential care home;
other than because the person was on leave.

296

Subsection 5H(11C)

Omit “or (11B) and in the Aged Care Act 1997”, substitute “and in the Aged Care Act 2024 or the Aged Care Act 1997 (as in force immediately before the commencement of the Aged Care Act 2024)”.

297

Subsection 5H(11C)

Omit “that Act”, substitute “those Acts”.
298
Subsection 5L(1) (definition of accommodation bond)
Omit “1997”, substitute “2024”.
299
Subsection 5L(1) (definition of accommodation bond balance)
Omit “1997”, substitute “2024”.
300
Subsection 5L(1) (definition of accommodation charge)
Omit “1997”, substitute “2024”.
301
Subsection 5L(1) (definition of daily accommodation contribution)
Omit “1997”, substitute “2024”.
302
Subsection 5L(1) (definition of daily accommodation payment)
Omit “1997”, substitute “2024”.
303
Subsection 5L(1) (definition of refundable deposit)
Omit “1997”, substitute “2024”.
304
Subsection 5L(1) (definition of refundable deposit balance)
Omit “1997”, substitute “2024”.

305

Subsection 5L(3B)

Omit “Act 1997”, substitute “Rules 2025”.

306

Subsection 5L(3B)

Omit “that Act”, substitute “the Aged Care Act 2024”.

307

Subsection 5L(3BA)

Omit “1997”, substitute “2024”.
308
Subparagraphs 5LA(8)(a)(i), (b)(i) and (ba)(i)
Omit “sanctions under Part 7B of the Aged Care Quality and Safety Commission Act 2018”, substitute “conditions under section 143 of the Aged Care Act 2024”.

309

Subsection 5LA(8) (note 1)

Omit “1997”, substitute “2024”.

310

Subsection 5LA(8) (note 4)

Omit all the words after “certain conditions are”, substitute “met in accordance with rules made for the purposes of Chapter 4 of the Aged Care Act 2024”.

311

Subsections 5LA(8A) and (8B)

Repeal the subsections, substitute:
(8A)
Subsection (8) does not apply in relation to a person if:
(a)
that subsection did not apply in relation to the person immediately before the commencement of the Aged Care Act 2024; or
(b)
a period of 28 consecutive days ends after that commencement in which the person:
(i)
was not provided with residential care or flexible care through a residential care service or a flexible care service; and
(ii)
did not access ongoing funded aged care services in an approved residential care home;
other than because the person was on leave.

312

Subsection 5LA(8C)

Omit “or (8B) and in the Aged Care Act 1997”, substitute “and in the Aged Care Act 2024 or the Aged Care Act 1997 (as in force immediately before the commencement of the Aged Care Act 2024)”.

313

Subsection 5LA(8C)

Omit “that Act”, substitute “those Acts”.
314
Subsection 5N(1) (definition of residential care charge)
Omit “an approved provider (within the meaning of the Aged Care Quality and Safety Commission Act 2018) for the provision”, substitute “a registered provider (within the meaning of the Aged Care Act 2024) for the delivery”.
315
Subsection 5N(1) (definition of residential care charge)
Omit “the Aged Care Act 1997”, substitute “that Act”.

316

Subsection 5NC(5)

Omit all the words after “purposes of this Act”, substitute “if the person is accessing ongoing funded aged care services (other than under a specialist aged care program) in an approved residential care home operated by a registered provider”.

317

Subsection 5NC(8)

Omit all the words after “if the person”, substitute “accesses short‑term funded aged care services through the service group residential care”.

318

Subsection 5NC(9)

Omit “and in the Aged Care Act 1997”, substitute “or (8) and in the Aged Care Act 2024”.

319

Subsection 84(3A)

Omit “Chapter 3 of the Aged Care Act 1997 or of the Aged Care (Transitional Provisions) Act 1997)”, substitute “Part 2 of Chapter 4 of the Aged Care Act 2024)”.

320

Paragraph 90(1B)(b)

Omit “Chapter 3 of the Aged Care Act 1997 or of the Aged Care (Transitional Provisions) Act 1997)”, substitute “Part 2 of Chapter 4 of the Aged Care Act 2024)”.
321
Section 131 (paragraph (f) of the definition of receiving Commonwealth body)
Omit “1997”, substitute “2024”.

322

Subclause 12(2) of Schedule 5 (note)

Omit “1997”, substitute “2024”.
323
Subclauses 13(1) and (2) of Schedule 5 (note 1)
Omit “1997”, substitute “2024”.
324
Subclauses 13(1) and (2) of Schedule 5 (note 2)
Omit “1997: see”, substitute “1997 (as in force immediately before the commencement of Schedule 1 to the Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022): see also”.
325
Clause 17 of Schedule 5 (at the end of the definition of charge exempt resident)
Add “(as in force immediately before the commencement of Schedule 1 to the Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022)”.

Schedule 4Release of remaining home care packages

Aged Care Act 1997

After subsection 23B‑1(5)

Insert:
(5A)
The Secretary must, as soon as practicable after the commencement of this subsection, make such determinations under subsection (1) as are necessary to ensure all home care packages that were available but not released immediately before that commencement under the Australian Government framework known as the National Priority System are released to recipients.

Schedule 5Release of 20,000 home care packages

Aged Care Act 1997

At the end of section 23B‑1

Add:
(7)
The Secretary must make such determinations under subsection (1) as are necessary to ensure that before the commencement of the Aged Care Act 2024 there are available and released to recipients a number of home care packages under the Australian Government framework known as the National Priority System that is equal to or greater than the number worked out as follows:
(a)
the number of such home care packages available and released to recipients immediately before the commencement of this subsection; plus
(b)
20,000 such home care packages.

[Minister’s second reading speech made in—

House of Representatives on 24 July 2025

Senate on 31 July 2025]

(42/25)