Aged Care (Consequential and Transitional Provisions) Rules 2025 (Cth)

Aged Care (Consequential and Transitional Provisions) Rules 2025

I, Sam Rae, Minister for Aged Care and Seniors, make the following rules.

Dated 24 October 2025

Sam Rae

Minister for Aged Care and Seniors

Contents

Part 1—Preliminary1

1
Name. 1
2
Commencement....................................................................................................................... 1
3
Authority.................................................................................................................................. 1
4
Schedules................................................................................................................................. 1
5
Definitions............................................................................................................................... 1

Part 2—Matters for Chapter 1 of the new Act3

Division 1—Definitions3
6
Entry day.................................................................................................................................. 3
Division 2—Registration of supporters4
7
Deemed registration of supporters........................................................................................... 4
8
Deemed requests for registration............................................................................................. 4

Part 3—Matters for Chapter 2 of the new Act5

Division 1—Eligibility for entry5
9
Deemed applications for access, eligibility determinations and arrangements for aged care needs assessments—individuals for whom assessment of care needs in progress under old law................. 5
10
Deemed applications for access, eligibility determinations and aged care needs assessments—individuals for whom assessment of care needs finalised but individuals not approved as recipients of aged care under old law...................................................................................................................................... 5
11
Applications, assessments and approval decisions—individuals who accessed aged care under old law without first being approved.............................................................................................................. 6
12
Deemed applications for access, eligibility determinations and aged care needs assessments, and modified operation of new Act—individuals who are not aged persons in the National Disability Insurance Agency cohort...................................................................................................................................... 7
13
Deemed applications for access, eligibility determinations and aged care needs assessments, and modified operation of new Act—individuals who are not aged persons in the Ability First Australia cohort 8
14
Approval of access to funded aged care services.................................................................. 8
Division 2—Classification10
Subdivision A—Requests for reclassification under the old law10
15
Requests for reclassification under the old law................................................................... 10
Subdivision B—Notice of decisions10
16
Classification decisions taken to have been made under the CTP Act................................ 10
Subdivision C—Period of effect for classification levels11
17
Purpose of this Subdivision................................................................................................. 11
18
Service group home support—classification type ongoing................................................. 11
19
Service group home support—classification type short‑term............................................. 13
20
Service group assistive technology—classification type short‑term................................... 15
21
Service group home modifications—classification type short‑term................................... 16
22
Service group residential care—classification type ongoing............................................... 18
23
Service group residential care—classification type short‑term........................................... 19
24
Service group home support, assistive technology or residential care—classification type hospital transition.................................................................................................................................... 20
Subdivision D—Maximum period of effect of classification levels21
25
Purpose of this Subdivision................................................................................................. 21
26
Service group home support—classification type short‑term—classification level STRC class 21
Division 3—Prioritisation22
27
Modified operation of new law for certain individuals—home care................................... 22
28
Notice of decisions taken to have been made under the CTP Act....................................... 22
Division 4—Place allocation23
Subdivision A—Allocation of places to individuals23
29
Modified operation of Division 1 of Part 5 of Chapter 2 of new Act—notional section 91A 23
30
Modified operation of Division 1 of Part 5 of Chapter 2 of new Act—application of notional section 91A 24
31
Notice of allocation of a place—deemed allocation of places to individuals...................... 25
32
When a place is in effect—deemed allocation of places to individuals.............................. 25
Subdivision B—Allocation of places to registered providers for certain specialist aged care programs25
33
Modified operation of Division 2 of Part 5 of Chapter 2 of new Act—notional section 94A 25
34
Modified operation of Division 1 of Part 5 of Chapter 2 of new Act—application of notional section 94A 26
35
Deemed decisions to allocate places—TCP—deemed registered providers under subitem 5(1) of Schedule 2 to the CTP Act...................................................................................................................... 26
36
Deemed decisions to allocate places—TCP—deemed registered providers and deemed approved residential care homes under items 6 and 7 of Schedule 2 to the CTP Act......................................... 27
37
Deemed decisions to allocate places—MPSP—deemed registered providers under subitem 5(1) of Schedule 2 to the CTP Act...................................................................................................................... 28
38
Deemed decisions to allocate places—MPSP—deemed registered providers and deemed approved residential care homes under items 6 and 7 of Schedule 2 to the CTP Act......................................... 28
39
Other matters for determination under subitem 6(1) of Schedule 2 to the CTP Act........... 29
40
Notice of allocation of a place—deemed allocation of places to entities............................ 30
41
When a place is in effect—deemed allocation of places to entities.................................... 30
42
Conditions that apply to an allocated place—deemed allocation of places to entities........ 30
43
Transfer of places under the old law—transferors to provide transferee with certain records 30

Part 4—Matters for Chapter 3 of the new Act32

Division 1—Provider registration and residential care home approval process32
44
Audit fee for audit in connection with registration renewal—circumstances in which a nil fee component is applicable.................................................................................................................... 32
45
Audit fee for audit in connection with registration renewal—residential care home reduced amounts 33
46
Registration and renewal decisions..................................................................................... 33
47
Residential care home approval decisions........................................................................... 33
Division 2—Conditions on registration of registered providers—service agreements and care and services plans34
Subdivision A—Home support, assistive technology and home modifications (other than under a specialist aged care program)34
48
Home care agreement entered into before transition time................................................... 34
49
Care plan in existence before transition time...................................................................... 35
50
Care plan not in existence before transition time................................................................ 36
51
Flexible care agreement entered into before transition time............................................... 37
52
Plan of care and services in existence before transition time.............................................. 38
Subdivision B—Residential care (other than under a specialist aged care program)38
53
Resident agreement entered into before transition time...................................................... 38
54
Resident agreement not entered into before transition time—residential care as respite care 39
55
Resident agreement not entered into before transition time—residential care other than care as respite care 40
56
Old law care and services plan in existence before transition time..................................... 41
Subdivision C—Specialist aged care programs42
57
Old service agreement entered into before transition time.................................................. 42
58
Support plan or old care and services plan in existence before transition time................... 42
59
Care recipient agreement entered into before transition time.............................................. 43
60
Care plan in existence before transition time...................................................................... 44
61
Recipient agreement entered into before transition time..................................................... 45
62
Care plan in existence before transition time...................................................................... 46
63
Resident agreement or home care agreement entered into before transition time............... 46
64
Written agreement entered into before transition time........................................................ 47
65
Resident agreement and home care agreement not entered into before transition time...... 48
66
Old law care and services plan or care plan in existence before transition time................. 49
67
Care and services plan and care plan not in existence before transition time..................... 50
Subdivision D—Compliance with this Division51
68
Modified operation of new Act............................................................................................ 51
Division 3—Conditions on registration of registered providers—starting and ceasing delivery of funded aged care services52
Subdivision A—Notifications under the old law—home care52
69
Notification of start of home care not given before transition time.................................... 52
70
Notification of cessation of home care not given before transition time............................. 52
Subdivision B—Start notifications for service groups home support, assistive technology and home modifications52
71
Start notifications—other than for classification type hospital transition........................... 52
72
Start notifications—for classification type hospital transition............................................ 53
Subdivision C—Notifications under the old law—residential care54
73
Notification of entry of new residents not given before transition time.............................. 54
74
Document about a care recipient to be provided with palliative care not given before transition time 54
75
Information or documents relating to care recipient with palliative care status not given before the transition time.................................................................................................................................... 54
76
Notification of cessation of the provision of certain residential care not given before transition time 54
Subdivision D—Start notifications for service group residential care55
77
Start notifications—classification type ongoing.................................................................. 55
78
Start notifications—classification type short‑term.............................................................. 55
79
Start notifications—classification type hospital transition.................................................. 56
Subdivision E—Security of tenure56
80
Notices asking care recipients to leave residential care services......................................... 56
Division 4—Conditions on registration of registered providers—information and access58
81
Financial information statements for payment periods under the old law—home care...... 58
82
Disclosure to care recipients under the old law—giving notice on entering into accommodation agreement 58
83
Disclosure to care recipients under the old law—giving information on request about accommodation agreement.................................................................................................................................... 58
84
Disclosure to care recipients under the old law—giving copy of entry in refundable deposit register 58
85
Publishing pricing information—services delivered through service group home support 59
Division 5—Conditions on registration of registered providers—governance61
86
Advisory body requirements................................................................................................ 61
Division 6—Conditions on registration of registered providers—restrictive practices62
87
Individual restrictive practices nominees............................................................................ 62
88
Nominee group.................................................................................................................... 62
Division 7—Conditions on registration of registered providers—management of incidents and complaints63
89
Notifying police of incidents under the old law.................................................................. 63
90
Documentation, record keeping and data analysis under the old law.................................. 63
Division 8—Obligations relating to reporting, notifications and information64
Subdivision A—Reports about reportable incidents64
91
Priority 1 reportable incidents............................................................................................. 64
92
Reportable incidents for which no priority 1 notice given.................................................. 64
93
Timing requirements............................................................................................................ 65
Subdivision B—Other obligations relating to reporting, notifications and information65
94
Requirements to give documents or information under the old law.................................... 65
95
Determinations of financial years for approved providers.................................................. 67
96
Pending applications for determinations of financial years for approved providers........... 67
97
Informing Quality and Safety Commissioner of unexplained absences of care recipients under the old law 68
Subdivision C—Pricing information68
98
Pricing information—initial report...................................................................................... 68
Division 9—Obligations relating to suitability of responsible persons69
99
Notifying change of circumstances relating to suitability under the old law...................... 69
100
Requirements for considering suitability matters.............................................................. 69
101
Record keeping relating to suitability matters under the old law...................................... 69
Division 10—Obligations relating to aged care workers etc.70
Subdivision A—Registered nurses70
102
Exemptions from section 54‑1A of the old Act under the old law.................................... 70
103
Pending applications for exemptions from section 54‑1A of the old Act under the old law 70
Subdivision B—Delivery of direct care71
104
Calculation of required numbers of care minutes.............................................................. 71
Division 11—Other obligations—cooperation with other persons72
105
Pricing Authority directions under the old law.................................................................. 72

Part 5—Matters for Chapter 4 of the new Act73

Division 1—Home care subsidy under the old law73
106
Pending applications for oxygen supplement.................................................................... 73
107
Pending applications for enteral feeding supplement........................................................ 73
Division 2—Residential care subsidy under the old law74
108
Pending applications for hardship supplement under the old Transitional Provisions Act 74
109
Pending applications for oxygen supplement.................................................................... 74
110
Pending applications for enteral feeding supplement........................................................ 74
Division 3—Flexible care subsidy under the old law75
111
Flexible care subsidy in respect of flexible care provided through multi‑purpose service paid before transition time.................................................................................................................................... 75
Division 4—Commonwealth contributions—subsidy for home support—available service delivery branch financial year account balance76
112
Available service delivery branch financial year account balance.................................... 76
Division 5—Commonwealth contributions—subsidy for home support, assistive technology and home modifications78
113
Secondary person‑centred supplements—fee reduction supplement—home or community fee reduction supplement determinations......................................................................................... 78
Division 6—Commonwealth contributions—unspent Commonwealth portions and home care accounts79
114
Unspent funds supplement................................................................................................. 79
Division 7—Commonwealth contributions—subsidy for residential care81
Subdivision A—Person‑centred subsidy—primary person‑centred supplements81
115
Accommodation supplement—determination in effect in relation to a residential care service that has been significantly refurbished............................................................................................. 81
116
Accommodation supplement—pending application for determination in relation to a residential care service that has been significantly refurbished.............................................................................. 81
117
Accommodation supplement—determination in effect in relation to a residential care service proposed to be significantly refurbished............................................................................................. 82
118
Accommodation supplement—determination made, but not in effect, in relation to a residential care service proposed to be significantly refurbished..................................................................... 82
119
Accommodation supplement—pending application for determination in relation to a residential care service proposed to be significantly refurbished..................................................................... 83
Subdivision B—Person‑centred subsidy—secondary person‑centred supplements83
120
Fee reduction supplement—residential care fee reduction supplement determinations... 83
121
Initial entry adjustment supplement................................................................................... 85
Subdivision C—Provider‑based subsidy85
122
Approved residential care homes with specialised status.................................................. 85
123
Approved residential care homes with specialised status—pending applications............. 86
124
Care minutes supplement—amount for quarter starting 1 April 2026.............................. 86
Division 8—Commonwealth contributions—subsidy for certain specialist aged care programs87

125
Circumstances that must apply for System Governor to enter into agreements—Multi‑Purpose Service Program.................................................................................................................................... 87
Division 9—Individual fees and contributions—fees and contributions payable in a home or community setting88
126
When individual contribution is zero—annual contribution cap under the old Act.......... 88
Division 10—Accommodation payments and accommodation contributions89
Subdivision A—Accommodation payments89
127
Decisions to approve higher maximum accommodation payment amounts before the transition time 89
128
Decisions not to approve higher maximum accommodation payment amounts before the transition time 90
129
Pending applications for approval of higher maximum accommodation payment amounts 91
130
Notification and publication of accommodation payment amounts.................................. 92
Subdivision B—Financial hardship93
131
Pending application for determination of financial hardship under the old Act—accommodation payment or accommodation contribution...................................................................................... 93
132
Pending application for determination of financial hardship under the old Transitional Provisions Act—accommodation bond.................................................................................................. 93
133
Pending application for determination of financial hardship under the old Transitional Provisions Act—accommodation charge............................................................................................... 93
Subdivision C—Refunds93
134
Unpaid refunds of refundable deposit balances................................................................. 93
Division 11—Means testing for home care service recipients95
135
Determination of an individual’s total assessable income—not decided at transition time 95
Division 12—Means testing in approved residential care home96
Subdivision A—Pre‑2014 classes96
136
Determination of an individual’s total assessable income—pre‑2014 residential contribution class 96
137
Determination of value of individual’s assets—pre‑2014 accommodation class.............. 96
138
Electing to have means not disclosed status—pre‑2014 residential contribution class..... 97
Subdivision B—Post‑2014 classes97
139
Determination of an individual’s total assessable income—post‑2014 residential contribution class 97
140
Determination of value of individual’s assets—post‑2014 residential accommodation class 98
141
Individual entered care 12 months or more before transition time—post‑2014 classes.... 98
142
Individual entered care less than 12 months before transition time—post‑2014 classes.. 99
Subdivision C—Inflight determinations100
143
Determination of an individual’s total assessable income—not decided at transition time 100
144
Determination of value of individual’s assets—not decided at transition time............... 101
Division 13—Extra service fees and additional service fees103
Subdivision A—Extra service fees and additional service fees103
145
Extra service fees............................................................................................................. 103
146
Additional service fees.................................................................................................... 103
Subdivision B—Modified operation of new rules—Commonwealth contributions104
147
Accommodation supplement—circumstances for applicability and amount.................. 104
148
Meaning of low means resident percentage for an approved residential care home for a payment period—counted days........................................................................................................................... 104
149
Residential care fee reduction supplement determinations—essential expenses............ 104
Subdivision C—Modified operation of new rules—individual fees and contributions105
150
Fees and contributions payable in an approved residential care home—resident contribution 105
151
Fees and contributions payable in an approved residential care home—resident respite fee 105
152
Circumstances in which higher everyday living fee not to be charged to individuals—all higher everyday living agreements................................................................................................................ 105

Part 6—Matters for Chapter 5 of the new Act106

Division 1—Identity cards for approved needs assessors106
153
Modified operation of new Act and new rules for first 8 months................................... 106
Division 2—Complaints made under the Commission Rules107
154
Deemed complaints—issues not dealt with..................................................................... 107
155
Deemed complaints and decisions, and dealing with deemed complaints—issues being dealt with 107
156
Requesting reconsideration of decisions made before transition time............................ 107
157
Reconsideration decisions not made as at the transition time......................................... 108
158
New resolution processes to be undertaken, or continued, under new rules................... 108
159
Modified operation of new Act and new rules................................................................ 108
Division 3—Complaints about responsibilities under the old law110
160
Modified operation of new Act and new rules................................................................ 110

Part 7—Matters for Chapter 6 of the new Act111

Division 1—System Governor functions assurance activities111
161
System Governor may conduct assurance activities in relation to information provided under the old law 111
Division 2—Recoverable amounts112
162
Deemed recoverable amounts and debtors...................................................................... 112
163
Continued application of section 95‑5 of old Act............................................................ 112

Part 8—Matters for Chapter 7 of the new Act113

Division 1—Information management—secrecy of information113
164
Authorisations of System Governor to use or disclose information for grants etc.—disclosure for star ratings.................................................................................................................................. 113

Part 9—Matters for Chapter 8 of the new Act114

Division 1—Delegation provisions114
165
Delegations by Secretary under old law.......................................................................... 114
Part 10—Matters for multiple chapters of the new Act115
Division 1—Refundable deposits115
Subdivision A—Accommodation agreements entered into under the old Act before the transition time115
166
Application of this Subdivision....................................................................................... 115
167
General rules.................................................................................................................... 115
168
Specific rules................................................................................................................... 115
Subdivision B—Period for entry into accommodation agreements under the old Act117
169
Period for entry into accommodation agreement under the old Act................................ 117
Division 2—Accommodation bonds118
170
Accommodation bonds.................................................................................................... 118
171
Period for entry into accommodation bond agreement.................................................... 119
172
Offences relating to non‑permitted use of accommodation bonds.................................. 120
Division 3—Accommodation charges121
173
Accommodation charges................................................................................................. 121
174
Period for entry into accommodation charge agreement................................................. 121

Schedule 1—Repeals of instruments123

Accountability Principles 2014123
Aged Care (Conditions of Allocation) Determination 2016123
Aged Care (Leave from Residential Care Services) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Determination 2020123
Aged Care Quality and Safety Commission Rules 2018123
Aged Care (Subsidy, Fees and Payments) Determination 2014123
Aged Care (Transitional Provisions) Principles 2014123
Aged Care (Transitional Provisions) (Residential Care Subsidy) Determination 2014123
Aged Care (Transitional Provisions) (Subsidy and Other Measures) Determination 2014123
Allocation Principles 2014123
Approval of Care Recipients Principles 2014123
Classification Principles 2014123
Extra Service Principles 2014123
Fees and Payments Principles 2014 (No. 2)123
Grant Principles 2014123
Information Principles 2014123
Prioritised Home Care Recipients Principles 2016123
Quality of Care Principles 2014123
Records Principles 2014123
Subsidy Principles 2014124
User Rights Principles 2014124

Part 1—Preliminary

1Name

This instrument is the Aged Care (Consequential and Transitional Provisions) Rules 2025.

2Commencement

(1)
Each provision of this instrument 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. The whole of this instrument	At the same time as the Aged Care Act 2024 commences.	1 November 2025

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2)
Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the following:
(a)
item 65 of Schedule 2 to the Aged Care (Consequential and Transitional Provisions) Act 2024;
(b)
the Aged Care Act 2024;
(c)
the Aged Care Act 1997;
(d)
the Aged Care (Transitional Provisions) Act 1997;
(e)
the Aged Care Quality and Safety Commission Act 2018.

4Schedules

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

5Definitions

(1)
In this instrument:
Accountability Principles means the Accountability Principles 2014.
Approval of Care Recipients Principles means the Approval of Care Recipients Principles 2014.
Classification Principles means the Classification Principles 2014.
CTP Act means the Aged Care (Consequential and Transitional Provisions) Act 2024.
CTP Determination means the Aged Care (Consequential and Transitional Provisions) Determination 2025.
Fees and Payments Principlesmeans the Fees and Payments Principles 2014 (No. 2).
new rules means the Aged Care Rules 2025.
Quality of Care Principles means the Quality of Care Principles 2014.
SFP Determination means the Aged Care (Subsidy, Fees and Payments) Determination 2014.
User Rights Principles means the User Rights Principles 2014.
(2)
An expression used in a provision of this instrument and defined in subitem 1(1) of Schedule 2 to the CTP Act has the same meaning in that provision as it has in that Schedule.
Note: The following expressions used in this instrument are defined in subitem 1(1) of Schedule 2 to the CTP Act:
(a) Commission Act;
(b) Commission Rules;
(c) new Act;
(e) new law;
(f) old Act;
(g) old law;
(h) old Principles;
(i) old Transitional Provisions Act;
(j) old Transitional Provisions Principles;
(k) Subsidy Principles;
(l) transition time.
(3)
An expression used in a provision of this instrument and in the new law has the same meaning in that provision as it has in the new law, subject to subsection (4).
(4)
An expression used in a provision of this instrument and in the old law has the same meaning in that provision as it had in the old law to the extent that:
(a)
the use of the expression in that provision relates to an event that occurred, or a state of affairs that existed, under the old law before the transition time; or
(b)
the provision has the effect that a provision of the old law continues to apply despite the repeal of the old law.

Part 2—Matters for Chapter 1 of the new Act

Division 1—Definitions

6Entry day

(1)
This section applies to an individual if:
(a)
before the transition time, the individual had entered a home care service; and
(b)
immediately before the transition time, the individual had not ceased to be provided with home care through the home care service; and
(c)
at the transition time, the individual is, because of paragraph 2(1)(c) of Schedule 2 to the CTP Act, taken to be approved under paragraph 65(2)(a) of the new Act for the following:
(i)
the classification type ongoing for the service group home support;
(ii)
the classification type short‑term for the service group assistive technology;
(iii)
the classification type short‑term for the service group home modifications.
(2)
For the purposes of the new Act, the entry day for the individual for the classification types for the service groups is taken to be the day of the transition time.

Division 2—Registration of supporters

7Deemed registration of supporters

Deemed registration
(1)
The System Governor is taken to have decided, at the transition time, to register a person to be a supporter of an individual under subsection 37(1) of the new Act if, immediately before the transition time, the person was a representative for the individual in the service known as My Aged Care.
Notification of deemed registration not required
(2)
Section 39 of the new Act does not apply to a deemed registration of a person as a supporter of an individual under subsection (1).
Period of effect of deemed registration
(3)
A deemed registration of a person as a supporter of an individual under subsection (1) takes effect at the transition time.
(4)
Subject to subsection 49(4) of the new Act (which provides that registrations have no effect while suspended), a deemed registration of a person as a supporter of an individual under subsection (1) remains in effect until the earliest of the following:
(a)
the registration is cancelled under Division 5 of Part 4 of Chapter 1 of the new Act;
(b)
the individual dies;
(c)
the supporter dies;
(d)
the end date (if any) recorded, immediately before the transition time, in the service known as My Aged Care as the date on which the person ceases to be a representative of the individual.

8Deemed requests for registration

A person is taken, at the transition time, to have made a request to be registered as a supporter of an individual under subsection 37(1) of the new Act if, immediately before the transition time, the person had had a pending relationship with the individual in the service known as My Aged Care for a period of not more than 30 days.

Part 3—Matters for Chapter 2 of the new Act

Division 1—Eligibility for entry

9Deemed applications for access, eligibility determinations and arrangements for aged care needs assessments—individuals for whom assessment of care needs in progress under old law

(1)
This section applies to an individual if immediately before the transition time:
(a)
the care needs of the individual were being assessed under subsection 22‑4(1) of the old Act; and
(b)
a decision had not been made under subsection 22‑1(2) of the old Act to approve the individual, or to reject an application to approve the individual, as a recipient of one or more types of aged care; and
(c)
a decision had not been made about the individual’s eligibility for Commonwealth Home Support Programme services.
(2)
At the transition time:
(a)
the individual is taken to have applied to the System Governor for access to funded aged care services under subsection 56(1) of the new Act; and
(b)
the System Governor is taken to have decided to make an eligibility determination for an aged care needs assessment for the individual under subsection 57(1) of the new Act, regardless of whether section 58 of the new Act applies in relation to the individual; and
(c)
the System Governor is taken to have arranged for an aged care needs assessment for the individual to be undertaken by an approved needs assessor under subsection 61(1) of the new Act.
(3)
For the purposes of paragraph (2)(c) of this section, the assessment of the care needs of the individual under subsection 22‑4(1) of the old Act that was occurring immediately before the transition time continues in force for an aged care needs assessment under subsection 61(1) of the new Act that occurs after the transition time.

10Deemed applications for access, eligibility determinations and aged care needs assessments—individuals for whom assessment of care needs finalised but individuals not approved as recipients of aged care under old law

(1)
This section applies to an individual if:
(a)
before the transition time, the care needs of the individual had been assessed under subsection 22‑4(1) of the old Act; and
(b)
immediately before the transition time:
(i)
a decision had not been made under subsection 22‑1(2) of the old Act to approve the individual, or to reject an application to approve the individual, as a recipient of one or more types of aged care; and
(ii)
a decision had not been made about the individual’s eligibility for Commonwealth Home Support Programme services.
(2)
At the transition time:
(a)
the individual is taken to have applied to the System Governor for access to funded aged care services under subsection 56(1) of the new Act; and
(b)
the System Governor is taken to have decided to make an eligibility determination for an aged care needs assessment for the individual under subsection 57(1) of the new Act, regardless of whether section 58 of the new Act applies in relation to the individual; and
(c)
the assessment of the care needs of the individual under subsection 22‑4(1) of the old Act is taken to be an aged care needs assessment:
(i)
taken to have been arranged by the System Governor under subsection 61(1) of the new Act; and
(ii)
taken to have been undertaken by an approved needs assessor under section 62 of the new Act; and
(iii)
a report of which is taken to have been provided to the System Governor under subsection 63(1) of the new Act.

11Applications, assessments and approval decisions—individuals who accessed aged care under old law without first being approved

(1)
This section applies to an individual if:
(a)
immediately before the transition time, the individual was provided with aged care before being approved as a recipient of that type of aged care under section 22‑1(2) of the old Act; and
(b)
before the transition time, a decision had not been made under that subsection to approve the individual, or to reject an application to approve the individual, as a recipient of one or more types of aged care.
(2)
After the transition time:
(a)
if the individual had not applied to the Secretary under section 22‑3 of the old Act to be approved as a recipient of one or more types of aged care—the individual must do so and the care needs of the individual may be assessed under section 22‑4 of the old Act; or
(b)
if the individual had applied to the Secretary under section 22‑3 of the old Act to be approved as a recipient of one or more types of aged care but the care needs of the individual had not been assessed under section 22‑4 of the old Act—that assessment may be carried out.
(3)
If the individual applies, or had applied, as mentioned in paragraph (2)(a) or (b), a decision must be made under subsection 22‑1(2) of the old Act (in accordance with Division 22 of Part 2.3 of Chapter 2 of the old Act) to approve the individual, or to reject an application to approve the individual, as a recipient of one or more types of aged care.
(4)
Despite the repeal of the old Act, Division 22 of Part 2.3 of Chapter 2 of the old Act, and any provision necessary for the effectual operation of that Division, continue to apply in relation to the individual and the application, on and after the transition time, as if that repeal had not happened.

(5)
Despite the repeal of the Approval of Care Recipients Principles, sections 12 and 13 of those Principles, and any provision necessary for the effectual operation of those sections, continue to apply in relation to the individual and the application, on and after the transition time, as if that repeal had not happened.
(6)
Subsection 58(1) of Schedule 2 to the CTP Act applies in relation to the individual and the application as if the following were inserted after paragraph (a) of that subsection:
‘(aa)
a decision of the Secretary made after the transition time under Division 22 of Part 2.3 of Chapter 2 of the old Act in accordance with the transitional rules;’

12Deemed applications for access, eligibility determinations and aged care needs assessments, and modified operation of new Act—individuals who are not aged persons in the National Disability Insurance Agency cohort

(1)
This section applies to an individual if:
(a)
before the transition time:
(i)
subsection 11A(1) of the Approval of Care Recipients Principles applied to the individual; and
(ii)
the individual’s application mentioned in that subsection was accompanied by the document referred to in paragraph 11A(2)(a) of those Principles; and
(b)
immediately before the transition time:
(i)
the care needs of the individual had not been assessed under subsection 22‑4(1) of the old Act; and
(ii)
the individual had not been approved as a recipient of residential care under subsection 22‑1(2) of the old Act.
(2)
At the transition time:
(a)
the individual is taken to have applied to the System Governor for access to funded aged care services under subsection 56(1) of the new Act; and
(b)
the System Governor is taken to have decided to make an eligibility determination for an aged care needs assessment for the individual under subsection 57(1) of the new Act, regardless of whether section 58 of the new Act applies in relation to the individual; and
(c)
an aged care needs assessment for the individual is taken to have been:
(i)
arranged by the System Governor under subsection 61(1) of the new Act; and
(ii)
undertaken by an approved needs assessor under section 62 of the new Act; and
(d)
the document referred to in subparagraph (1)(a)(ii) of this section is taken:
(i)
to be a report of the aged care needs assessment for the individual; and
(ii)
to have been provided to the System Governor under subsection 63(1) of the new Act.
(3)
Section 65 of the new Act applies in relation to the individual as if subsection (3) of that section were omitted and substituted with the following:
‘(3)
However, the System Governor must not approve a service group, service type or funded aged care service under subsection (2) for an individual unless the individual meets the criteria specified in section 6 of the Approval of Care Recipients Principles 2014, as in force immediately before the transition time.’

13Deemed applications for access, eligibility determinations and aged care needs assessments, and modified operation of new Act—individuals who are not aged persons in the Ability First Australia cohort

(1)
This section applies to an individual if:
(a)
before the transition time:
(i)
subsection 11A(1) of the Approval of Care Recipients Principles applied to the individual; and
(ii)
the individual’s application mentioned in that subsection was accompanied by the document referred to in paragraph 11A(2)(b) of those Principles; and
(b)
immediately before the transition time:
(i)
the care needs of the individual had not been assessed under subsection 22‑4(1) of the old Act; and
(ii)
the individual had not been approved as a recipient of residential care under subsection 22‑1(2) of the old Act.
(2)
At the transition time:
(a)
the individual is taken to have applied to the System Governor for access to funded aged care services under subsection 56(1) of the new Act; and
(b)
the System Governor is taken to have decided to make an eligibility determination for an aged care needs assessment for the individual under subsection 57(1) of the new Act, regardless of whether section 58 of the new Act applies in relation to the individual; and
(c)
an aged care needs assessment for the individual is taken to have been:
(i)
arranged by the System Governor under subsection 61(1) of the new Act; and
(ii)
undertaken by an approved needs assessor under section 62 of the new Act; and
(d)
the document referred to in subparagraph (1)(a)(ii) of this section is taken:
(i)
to be a report of the aged care needs assessment for the individual; and
(ii)
to have been provided to the System Governor under subsection 63(1) of the new Act.
(3)
Section 65 of the new Act applies in relation to the individual as if subsection (3) of that section were omitted and substituted with the following:
‘(3)
However, the System Governor must not approve a service group, service type or funded aged care service under subsection (2) for an individual unless the individual meets the criteria specified in sections 6 and 7 of the Approval of Care Recipients Principles 2014, as in force immediately before the transition time.’

14Approval of access to funded aged care services

Notice of decision not required
(1)
Subsection 70(1) of the new Act does not apply to a decision under subsection 65(1) or (2) of the new Act taken to have been made under subitem 2(1) or 3(1) of Schedule 2 to the CTP Act in relation to an individual (deemed access approval).
Period of effect of deemed access approval
(2)
Subsection 71(1) of the new Act does not apply to a deemed access approval.
(3)
A deemed access approval takes effect at the transition time.
(4)
A deemed access approval remains in effect until the earlier of the following:
(a)
the individual’s eligibility determination for an aged care needs assessment, or the deemed access approval, is revoked under section 73 or 74 of the new Act;
(b)
another decision is made for the individual under subsections 65(1) and (2) of the new Act.

Division 2—Classification

Subdivision A—Requests for reclassification under the old law
15Requests for reclassification under the old law
(1)
This section applies to an individual if:
(a)
before the transition time, a request for reclassification of the individual for respite care or non‑respite care was made under section 29D‑1 of the old Act; and
(b)
immediately before the transition time, a decision had not been made under that section to reclassify the individual, or not to reclassify the individual.
(2)
After the transition time, a decision must be made under section 29D‑1 of the old Act to reclassify the individual, or not to reclassify the individual.
(3)
Despite the repeal of the old Act and the Classification Principles, and subject to this section:
(a)
Divisions 29C and 29D of Part 2.4A of Chapter 2 of the old Act; and
(b)
Chapter 3 of the Classification Principles; and
(c)
any provision necessary for the effectual operation of those provisions;
continue to apply in relation to the individual and the application, on and after the transition time, as if that repeal had not happened.
(4)
If the decision is not to reclassify the individual, the decision is taken to have taken effect immediately before the transition time.
(5)
If the decision is to reclassify the individual, the decision is taken:
(a)
to be a classification decision under section 78 of the new Act to establish a classification level for the individual:
(i)
if the decision was to reclassify the individual for non‑respite care—for the classification type ongoing for the service group residential care; or
(ii)
if the decision was to reclassify the individual for respite care—for the classification type short‑term for the service group residential care; and
(b)
to have established the classification level of the class (for the classification type ongoing) or respite class (for the classification type short‑term) with the corresponding number to the classification decided by the decision; and
(c)
to have taken effect at the transition time.

Subdivision B—Notice of decisions

16Classification decisions taken to have been made under the CTP Act
Subsection 79(1) of the new Act does not apply to a classification decision under subsection 78(1) of the new Act taken to have been made under paragraph 4(1)(a) or 4(2)(a) of Schedule 2 to the CTP Act in relation to an individual.
Subdivision C—Period of effect for classification levels

17Purpose of this Subdivision

For the purposes of subsection 80(1) of the new Act, this Subdivision prescribes, subject to subsection 80(3) of the new Act, the period of effect for a classification level for a classification type for a service group taken to be established for an individual by the CTP Determination.
18Service group home support—classification type ongoing
HCP class 1, 2, 3 and 4
(1)
Subject to subsection (2), for the classification level HCP class 1, 2, 3 or 4 for the classification type ongoing for the service group home support, taken to be established for an individual by the CTP Determination, the period of effect:
(a)
starts:
(i)
if, as at the transition time, the individual had entered a home care service and had not ceased to be provided with home care through the home care service—at the transition time; or
(ii)
if, as at the transition time, the individual was a prioritised home care recipient but had not entered a home care service—at the earlier of the following:
(A)
the start of the day a registered provider starts delivering funded aged care services to the individual through the service group for the classification level (other than under a specialist aged care program);
(B)
at the start of the day a place allocated under subsection 92(1) of the new Act to the individual for the classification type for the service group takes effect under section 92A of the new Act; and
(iii)
if, as at the transition time, the individual was not a prioritised home care recipient—at the start of the day a place allocated under subsection 92(1) of the new Act to the individual for the classification type for the service group takes effect under section 92A of the new Act; or
(b)
ends at the end of the earlier of the following (as applicable):
(i)
the day a place allocated to the individual under subsection 92(1) of the new Act for a different classification level for the classification type for the service group takes effect under section 92A of the new Act;
(ii)
the day a classification level for the classification type ongoing for the service group residential care takes effect for the individual;
(iii)
the day the individual dies.
(2)
If more than one of the classification levels HCP class 1, 2, 3 or 4 for the classification type ongoing for the service group home support is taken to be established for an individual by the CTP Determination, subsection (1) applies to those classifications in the following order:
(a)
if, as at immediately before the transition time, the individual was a prioritised home care recipient—the classification level taken to be established on the basis of the individual’s level of care as a prioritised home care recipient;
(b)
if, as at immediately before the transition time, the individual was not a prioritised home care recipient—the highest of the classification levels taken to be established on the basis of the levels of care to which the individual’s approval as a recipient of care was limited.
CHSP transitional
(3)
For the classification level CHSP transitional for the classification type ongoing for the service group home support, taken to be established for an individual by the CTP Determination, the period of effect:
(a)
starts at the transition time; and
(b)
ends at the end of the earlier of the following (as applicable):
(i)
the day a place allocated to the individual under subsection 92(1) of the new Act for a different classification level for the classification type for the service group takes effect under section 92A of the new Act;
(ii)
the day a classification level for the classification type ongoing for the service group residential care takes effect for the individual;
(iii)
the day the individual dies.
HSO MPSP
(4)
For the classification level HSO MPSP for the classification type ongoing for the service group home support, taken to be established for an individual by the CTP Determination, the period of effect:
(a)
starts at the transition time; and
(b)
ends at the end of the earlier of the following (as applicable):
(i)
the day a place allocated to the individual under subsection 92(1) of the new Act for a different classification level for the classification type for the service group takes effect under section 92A of the new Act;
(ii)
the day the individual starts accessing funded aged care services in an approved residential care home other than under the MPSP;
(iii)
the day the individual dies.
HSO NATSIFACP
(5)
For the classification level HSO NATSIFACP for the classification type ongoing for the service group home support, taken to be established for an individual by the CTP Determination:
(a)
the classification level does not take effect if another classification level for the classification type for the service group, taken to be established for the individual by the CTP Determination, is in effect; and
(b)
subject to paragraph (a), the period of effect for the classification level starts:
(i)
if the individual was accessing services under the NATSIFACP immediately before the transition time—at the transition time; or
(ii)
if the individual was not accessing services under the NATSIFACP immediately before the transition time—at the start of the day a registered provider starts delivering funded aged care services to the individual through the service group under the NATSIFACP; and
(c)
the period of effect for the classification level ends at the end of the earlier of the following (as applicable):
(i)
the day a place allocated to the individual under subsection 92(1) of the new Act for a different classification level for the classification type for the service group takes effect under section 92A of the new Act;
(ii)
the day the individual starts accessing funded aged care services in an approved residential care home other than under the NATSIFACP;
(iii)
the day the individual dies.
19Service group home support—classification type short‑term
SAH restorative care pathway
(1)
For the classification level SAH restorative care pathway for the classification type short‑term for the service group home support, established for an individual by the CTP determination:
(a)
the classification level does not take effect if a registered provider does not start delivering funded aged care services to the individual through the service group for the classification level within 6 months from the day the individual was approved under section 22‑1 of the old Act as a recipient of flexible care in the form of short‑term restorative care; and
(b)
the classification level is not in effect on a day if more than one episode of short‑term restorative care had commenced for the individual in the 12 months before the day; and
(c)
subject to paragraphs (a) and (b), the period of effect for the classification level starts at the start of the day a registered provider starts delivering funded aged care services to the individual through the service group for the classification level; and
(d)
the period of effect for the classification level ends at the earliest of the following (as applicable):
(i)
the end of the maximum period of effect for the classification level (see section 80‑55 of the new rules);
(ii)
the end of the day a classification decision is made to establish a classification level (other than CHSP class) for the classification type ongoing for the service group home support for the individual;
(iii)
the end of the day a classification level for the classification type ongoing for the service group residential care takes effect for the individual;
(iv)
the end of the day the individual dies.
STRC class
(2)
For the classification level STRC class for the classification type short‑term for the service group home support, taken to be established for an individual by the CTP Determination, the period of effect:
(a)
starts at the transition time; and
(b)
subject to paragraph (c), consists of each day, on or after the day of the transition time, on which:
(i)
a registered provider delivers funded aged care services to the individual for the classification type for the service group; and
(ii)
the total of the following is less than the maximum period of effect for the classification level (see section 26):
(A)
the number of days on which the individual had previously accessed funded aged care services for the classification type for the service group;
(B)
if, immediately before the transition time, an episode of short‑term restorative care had commenced but had not been completed for the individual—the number of days in that episode that occurred before the transition time; and
(c)
ends at the earliest of the following (as applicable):
(i)
the end of the maximum period of effect for the classification level (see section 26);
(ii)
if, before the end of the maximum period of effect for the classification level (see section 26), the total of the following is 7 days—the end of the most recent day on which the individual accessed funded aged care services for the classification type for the service group:
(A)
days on which the individual does not access funded aged care services for the classification type for the service group;
(B)
if, immediately before the transition time, an episode of short‑term restorative care had commenced but had not been completed for the individual—days after the start of that episode and before the transition time on which the individual was not provided with flexible care in the form of short‑term restorative care;
(iii)
the end of the day a classification level for the classification type ongoing for the service group residential care takes effect for the individual;
(iv)
the end of the day the individual dies.
HSST MPSP
(3)
For the classification level HSST MPSP for the classification type short‑term for the service group home support, taken to be established for an individual by the CTP Determination, the period of effect:
(a)
starts at:
(i)
for an individual referred to in subparagraph 2(2)(d)(i) of Schedule 2 to the CTP Act—the transition time; or
(ii)
for an individual referred to in subparagraph 2(2)(d)(ii) of that Schedule—the start of the day the registered provider that is party to the written agreement with the individual referred to in that subparagraph starts delivering funded aged care services to the individual under the MPSP; and
(b)
ends at the end of the earlier of the following (as applicable):
(i)
the day the individual starts accessing funded aged care services in an approved residential care home other than under the MPSP;
(ii)
the day the individual dies.
HSST NATSIFACP
(4)
For the classification level HSST NATSIFACP for the classification type short‑term for the service group home support, taken to be established for an individual by the CTP Determination:
(a)
the classification level does not take effect if another classification level for the classification type for the service group, taken to be established for the individual by the CTP Determination, is in effect; and
(b)
subject to paragraph (a), the period of effect for the classification level starts:
(i)
if the individual was accessing services under the NATSIFACP immediately before the transition time—at the transition time; or
(ii)
if the individual was not accessing services under the NATSIFACP immediately before the transition time—at the start of the day a registered provider starts delivering funded aged care services to the individual through the service group under the NATSIFACP; and
(c)
the period of effect for the classification level ends at the end of the earlier of the following (as applicable):
(i)
the day the individual starts accessing funded aged care services in an approved residential care home other than under the NATSIFACP;
(ii)
the day the individual dies.
20Service group assistive technology—classification type short‑term
AT medium
(1)
For the classification level AT medium for the classification type short‑term for the service group assistive technology, established for an individual by the CTP Determination, the period of effect:

(a)
starts at the transition time; and
(b)
ends at the end of the earliest of the following (as applicable):
(i)
the account period for the individual’s notional assistive technology account established in respect of that classification level;
(ii)
the day a classification level for the classification type ongoing for the service group residential care takes effect for the individual;
(iii)
the day the individual dies.
AT CHSP
(2)
For the classification level AT CHSP for the classification type short‑term for the service group assistive technology, taken to be established for an individual by the CTP Determination, the period of effect:
(a)
starts at the transition time; and
(b)
ends at the end of the earliest of the following (as applicable):
(i)
the day a classification level for the classification type ongoing for the service group home support, established for an individual by a classification decision made after the transition time, takes effect for the individual;
(ii)
the day a classification level for the classification type ongoing for the service group residential care takes effect for the individual;
(iii)
the day the individual dies.
AT transitional
(3)
For the classification level AT transitional for the classification type short‑term for the service group assistive technology, taken to be established for an individual by the CTP Determination, the period of effect:
(a)
starts at:
(i)
for an individual other than an individual referred to in subparagraph 2(2)(d)(ii) of Schedule 2 to the CTP Act—the transition time; or
(ii)
for an individual referred to in subparagraph 2(2)(d)(ii) of that Schedule—the start of the day the registered provider that is party to the written agreement with the individual referred to in that subparagraph starts delivering funded aged care services to the individual under the MPSP; and
(b)
ends at the earliest of the following (as applicable):
(i)
when the individual’s notional home care account ceases under subsection 226E(9) of the new Act;
(ii)
the end of the period of effect for the individual of the classification level STRC class for the classification type short‑term for the service group home support;
(iii)
the day the individual starts accessing funded aged care services in an approved residential care home (other than under a specialist aged care program);
(iv)
the end of the day the individual dies.
21Service group home modifications—classification type short‑term
HM medium
(1)
For the classification level HM medium for the classification type short‑term for the service group home modifications, established for an individual by the CTP Determination, the period of effect:
(a)
starts at the transition time; and
(b)
ends at the end of the earliest of the following (as applicable):
(i)
the account period for the individual’s notional home modifications account established in respect of that classification level;
(ii)
the day a classification level for the classification type ongoing for the service group residential care takes effect for the individual;
(iii)
the day the individual dies.
HM CHSP
(2)
For the classification level HM CHSP for the classification type short‑term for the service group assistive technology, taken to be established for an individual by the CTP Determination, the period of effect:
(a)
starts at the transition time; and
(b)
ends at the end of the earliest of the following (as applicable):
(i)
the day a classification level for the classification type ongoing for the service group home support, established for an individual by a classification decision made after the transition time, takes effect for the individual;
(ii)
the day a classification level for the classification type ongoing for the service group residential care takes effect for the individual;
(iii)
the day the individual dies.
HM transitional
(3)
For the classification level HM transitional for the classification type short‑term for the service group home modifications, taken to be established for an individual by the CTP Determination, the period of effect:
(a)
starts at:
(i)
for an individual other than an individual referred to in subparagraph 2(2)(d)(ii) of Schedule 2 to the CTP Act—the transition time; or
(ii)
for an individual referred to in subparagraph 2(2)(d)(ii) of that Schedule—the start of the day the registered provider that is party to the written agreement with the individual referred to in that subparagraph starts delivering funded aged care services to the individual under the MPSP; and
(b)
ends at the earlier of the following (as applicable):
(i)
the latest of the following:
(A)
the end of the period of effect for the individual of the classification level STRC class for the classification type short‑term for the service group home support;
(B)
the day the individual starts accessing funded aged care services in an approved residential care home (other than under a specialist aged care program);
(C)
when the individual’s notional home care account ceases under subsection 226E(9) of the new Act;
(ii)
the end of the day the individual dies.
22Service group residential care—classification type ongoing
Class 0
(1)
For the classification level class 0 for the classification type ongoing for the service group residential care, taken to be established for an individual by the CTP Determination, the period of effect:
(a)
starts at:
(i)
for an individual who, as at immediately before the transition time, had entered a residential care service—the transition time; or
(ii)
for an individual who, as at immediately before the transition time, had not entered a residential care service—the start of the entry day for the classification type for the service group for the individual; and
(b)
is otherwise as prescribed by subsection 80‑35(1) of the new rules.
Classes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13
(2)
For the classification level class 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 or 13 for the classification type ongoing for the service group residential care, taken to be established for an individual by the CTP Determination, the period of effect:
(a)
starts at the transition time; and
(b)
is otherwise as prescribed by subsection 80‑35(2) of the new rules.
RCO MPSP
(3)
For the classification level RCO MPSP for the classification type ongoing for the service group residential care, taken to be established for an individual by the CTP Determination, the period of effect:
(a)
starts at the transition time; and
(b)
ends at the end of the earlier of the following:
(i)
the day the individual starts accessing funded aged care services in an approved residential care home other than under the MPSP;
(ii)
the day the individual dies.
RCO NATSIFACP
(4)
For the classification level RCO NATSIFACP for the classification type ongoing for the service group residential care, taken to be established for an individual by the CTP Determination, the period of effect:
(a)
starts at the transition time; and
(b)
ends at the end of the earlier of the following:
(i)
the day the individual starts accessing funded aged care services in an approved residential care home other than under the NATSIFACP;
(ii)
the day the individual dies.
23Service group residential care—classification type short‑term
Respite class 0
(1)
For the classification level respite class 0 for the classification type short‑term for the service group residential care, taken to be established for an individual by the CTP Determination, the period of effect:
(a)
subject to paragraph (b), consists of each day, on or after:
(i)
for an individual who, as at immediately before the transition time, had entered a residential care service—the day of the transition time; or
(ii)
for an individual who, as at immediately before the transition time, had not entered a residential care service—the entry day for the classification type for the service group for the individual;
on which subsection (3) applies to the individual; and
(b)
is otherwise as prescribed by subsection 80‑40(1) of the new rules.
Respite classes 1, 2 and 3
(2)
For the classification level respite class 1, 2 or 3 for the classification type short‑term for the service group residential care, taken to be established for an individual by the CTP Determination, the period of effect:
(a)
subject to paragraph (b), consists of each day, on or after the day of the transition time, on which subsection (3) applies to the individual; and
(b)
is otherwise as prescribed by subsection 80‑40(2) of the new rules.
(3)
For the purposes of paragraphs (1)(a) and (2)(a), this subsection applies to an individual on a day if, on the day:
(i)
a registered provider delivers funded aged care services to the individual for the classification type for the service group at an approved residential care home of the provider (other than under a specialist aged care program); and
(ii)
the number of days, during the financial year in which the day occurred, on which the individual had previously:
(i)
accessed funded aged care services for the classification type for the service group at an approved residential care home (other than under a specialist aged care program); or
(ii)
been provided with respite care;
is less than the maximum period of effect for the classification level (see section 80‑60 of the new rules).
RCST MPSP
(4)
For the classification level respite class RCST MPSP for the classification type short‑term for the service group residential care, taken to be established for an individual by the CTP Determination, the period of effect:
(a)
starts at:
(i)
for an individual referred to in subparagraph 3(2)(e)(i) of Schedule 2 to the CTP Act—the transition time; or
(ii)
for an individual referred to in subparagraph 3(2)(e)(ii) of that Schedule—the start of the day the registered provider that is party to the written agreement with the individual referred to in that subparagraph starts delivering funded aged care services to the individual under the MPSP; and
(b)
ends at the end of the earlier of the following:
(i)
the day the individual starts accessing funded aged care services in an approved residential care home other than under the MPSP;
(ii)
the day the individual dies.
RCST NATSIFACP
(5)
For the classification level respite class RCST NATSIFACP for the classification type short‑term for the service group residential care, taken to be established for an individual by the CTP Determination, the period of effect:
(a)
starts at the transition time; and
(b)
ends at the end of the earlier of the following:
(i)
the day the individual starts accessing funded aged care services in an approved residential care home other than under the NATSIFACP;
(ii)
the day the individual dies.
24Service group home support, assistive technology or residential care—classification type hospital transition
(1)
This section applies to the following classification levels, taken to be established for an individual by the CTP Determination:
(a)
HS HT class for the classification type hospital transition for the service group home support;
(b)
AT HT class for the classification type hospital transition for the service group assistive technology;
(c)
RC HT class for the classification type hospital transition for the service group residential care.
(2)
The classification level does not take effect for the individual unless:
(a)
immediately before the transition time, an episode of transition care had commenced but had not been completed for the individual; or
(b)
a registered provider starts delivering funded aged care services to the individual for the classification level within 28 days from the day the individual was approved as referred to in paragraph 2(2)(c) or 3(2)(d) (as applicable) of Schedule 2 to the CTP Act.
(3)
The period of effect for the classification level:
(a)
starts at:
(i)
for an individual referred to in subparagraph (2)(a)—the transition time; or
(ii)
for an individual referred to in subparagraph (2)(b)—the start of the start day for the individual for the classification level; and
(b)
subject to paragraph (c), consists of each day, on or after the day the period of effect starts for the individual, on which:
(i)
a registered provider delivers funded aged care services to the individual for the classification type for the service group; and
(ii)
the total of the following is less than the maximum period of effect for the classification level (see section 80‑65 of the new rules):
(A)
the number of days on which the individual had previously accessed funded aged care services for the classification type for the service group;
(B)
if, immediately before the transition time, an episode of transition care had commenced but had not been completed for the individual—the number of days in that episode that occurred before the transition time; and
(c)
ends at the earliest of the following (as applicable):
(i)
the end of the day a classification level for the classification type ongoing for the service group residential care takes effect for the individual;
(ii)
if, before the end of the maximum period of effect for the classification level (see section 80‑65 of the new rules), the total of the following is 7 days—the end of the most recent day on which the individual accessed funded aged care services for the classification type for the service group:
(A)
days on which the individual does not access funded aged care services for the classification type for the service group;
(B)
if, immediately before the transition time, an episode of transition care had commenced but had not been completed for the individual—days after the start of that episode and before the transition time on which the individual was not provided with flexible care in the form of transition care;
(iii)
the end of the maximum period of effect for the classification level (see section 80‑65 of the new rules);
(iv)
the end of the day the individual dies.
Subdivision D—Maximum period of effect of classification levels

25Purpose of this Subdivision

For the purposes of subsection 80(1) of the new Act, this Subdivision prescribes, for certain classification levels, the maximum period of effect for the classification level.
26Service group home support—classification type short‑term—classification level STRC class
For the classification level STRC class for the classification type short‑term for the service group home support, the maximum period of effect is 63 days.

Division 3—Prioritisation

27Modified operation of new law for certain individuals—home care
Application of section 86 of the new Act
(1)
Section 86 of the new Act applies, in accordance with this section, in relation to an individual referred to in paragraph 2(2)(a) of Schedule 2 to the CTP Act if, as at immediately before the transition time, the individual’s priority for home care services under section 22‑2A of the old Act was medium.
(2)
Section 86 applies to the individual as if:
(a)
the reference to a prioritisation report for the individual were a reference to the most recent assessment of the individual’s care needs under section 22‑4 of the old Act; and
(b)
that section required the System Governor to establish a priority category for the individual for the classification type ongoing for the service group home support.
Application of section 87‑5 of the new Rules
(3)
Item 6 of the table in subsection 87‑5 of the new Rules applies to the individual as if paragraph (a) in that item referred to more than 6 months from the day the individual’s priority for home care services was determined as medium.
28Notice of decisions taken to have been made under the CTP Act
Subsection 88(1) of the new Act does not apply to a decision under subsection 86(1) of the new Act taken to have been made under paragraph 4(1)(b) or 4(2)(ab) of Schedule 2 to the CTP Act in relation to an individual.

Division 4—Place allocation

Subdivision A—Allocation of places to individuals

29Modified operation of Division 1 of Part 5 of Chapter 2 of new Act—notional section 91A
Division 1 of Part 5 of Chapter 2 of the new Act applies as if the following were inserted after section 91:
‘91A
Number of places available for allocation at the transition time
(1)
This section sets out the methods for working out the following:
(a)
the number of places available at the transition 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.
(2)
For the service group home support, all of the places available at the transition time to be allocated to individuals are for allocation as full places.
Service group home support
(3)
For the service group home support:
(a)
the number of places available at the transition time to be allocated to individuals is the total of the following:
(i)
the number of individuals referred to in paragraph 2(2)(a) of Schedule 2 to the Aged Care (Consequential and Transitional Provisions) Act 2024 (the CTP Act);
(ii)
the number of individuals referred to in paragraph 2(2)(b) of Schedule 2 to the CTP Act; and
(b)
the number of places mentioned in paragraph (a) that are for allocation for the classification type ongoing is the number of individuals mentioned in subparagraph (a)(i) who:
(i)
were prioritised care recipients but had not entered a home care service (within the meaning of the old Act); or
(ii)
had entered a home care service and had not ceased to be provided with home care through the home care service (within the meaning of the old Act); and
(c)
the number of places mentioned in paragraph (a) that are for allocation for the classification type short‑term is the number of individuals mentioned in subparagraph (a)(ii).
Service group assistive technology
(4)
For the service group assistive technology:
(a)
the number of places available at the transition time to be allocated to individuals is the total of the following:
(i)
the number of individuals referred to in paragraph 2(2)(a) of Schedule 2 to the CTP Act;
(ii)
the number of individuals referred to in paragraph 2(2)(b) of Schedule 2 to the CTP Act; and
(b)
the number of places mentioned in paragraph (a) that are for allocation for the classification type short‑term is that number.
Service group home modifications
(5)
For the service group home modifications:
(a)
the number of places available at the transition time to be allocated to individuals is the total of the following:
(i)
the number of individuals referred to in paragraph 2(2)(a) of Schedule 2 to the CTP Act;
(ii)
the number of individuals referred to in paragraph 2(2)(b) of Schedule 2 to the CTP Act; and
(b)
the number of places mentioned in paragraph (a) that are for allocation for the classification type short‑term is that number.
Service group residential care
(6)
For the service group residential care:
(a)
the number of places available at the transition time to be allocated to individuals is the total of the following:
(i)
the number of individuals referred to in paragraph 3(2)(a) of Schedule 2 to the CTP Act;
(ii)
the number of individuals referred to in paragraph 3(2)(b) of Schedule 2 to the CTP Act;
(iii)
the number of individuals referred to in paragraph 3(2)(c) of Schedule 2 to the CTP Act, multiplied by 2; and
(iv)
the number of individuals referred to in paragraph 3(2)(e) of Schedule 2 to the CTP Act, multiplied by 2; and
(b)
the number of places mentioned in paragraph (a) that are for allocation for the classification type ongoing is the total of the following:
(i)
the number of individuals mentioned in subparagraph (a)(i);
(ii)
the number of individuals mentioned in subparagraph (a)(iii);
(iii)
the number of individuals mentioned in subparagraph (a)(iv); and
(d)
the number of places mentioned in paragraph (a) that are for allocation for the classification type short‑term is the total of the following:
(i)
the number of individuals mentioned in subparagraph (a)(ii);
(ii)
the number of individuals mentioned in subparagraph (a)(iii);
(iii)
the number of individuals mentioned in subparagraph (a)(iv).
30Modified operation of Division 1 of Part 5 of Chapter 2 of new Act—application of notional section 91A
Notional section 91A of the new Act:
(a)
applies for the purposes of enabling place allocation decisions taken to have been made under paragraph 4(1)(c) or (2)(b) of Schedule 2 to the CTP Act; and

(b)
immediately before the transition time, the Secretary is considering whether to make a determination (the inflight determination) under:
(i)
subsection 44‑8AB(1) of the old Transitional Provisions Act of the value of the individual’s assets; or
(ii)
section 44‑26C of the old Act of the value of the individual’s assets.
(2)
Despite the repeal of the old Transitional Provisions Act and the old Act:
(a)
the System Governor may after the transition time make the inflight determination under the relevant provision of the old Transitional Provisions Act or the old Act (as the case requires); and
(b)
the old Transitional Provisions Act or the old Act (as the case requires) continues to apply for the purposes of working out:
(i)
the value of the individual’s assets; and
(ii)
the individual’s means tested amount;
including, for example, the power to make a determination for the purposes of making a determination referred to in paragraph (1)(b) of this section.
(3)
If, under paragraph (2)(a), the System Governor makes an inflight determination referred to in subparagraph (1)(b)(i), then section 137 applies to the inflight determination as if a reference in subsection 137(1) to an old asset determination were a reference to the inflight determination.
(4)
If, under paragraph (2)(a), the System Governor makes an inflight determination referred to in subparagraph (1)(b)(ii), then section 140 applies to the inflight determination as if a reference in subsection 140(1) to an old asset determination were a reference to the inflight determination.
(5)
Division 1 of Part 7 of Schedule 2 to the CTP Act applies in relation to a decision made under subsection (2) of this section in a corresponding way to the way that Division applies to an equivalent decision made before the transition time.
Variation to give effect to decision on review
(6)
Without limiting item 58A of Schedule 2 to the CTP Act, the System Governor may, on the System Governor’s own initiative, vary or revoke any determination made under subsection (2) of this section to give effect to a decision under:
(a)
Part 6.1 (reconsideration and review of decisions) of the old Transitional Provisions Act; or
(b)
Part 6.1 (reconsideration and review of decisions) of the old Act.
(7)
If a determination is varied or revoked under subsection (6), the variation or revocation takes effect on the day specified by the System Governor, which may be a day before the day the variation or revocation is made.

Division 13—Extra service fees and additional service fees

Subdivision A—Extra service fees and additional service fees

145Extra service fees

(1)
This section is made for the purposes of section 285A of the new Act.
(2)
This section applies in relation to a registered provider and an individual if:
(a)
the registered provider is delivering funded aged care services to the individual in an approved residential care home; and
(b)
immediately before the transition time, under the old Act, an extra service agreement was in force between the individual and the provider that was entered into in accordance with section 36‑2 of the old Act and that met the requirements of section 36‑3 of the old Act.
(3)
The registered provider may charge the individual an extra service fee in accordance with this section.
(4)
The extra service fee may be charged only for days in the period of 12 months beginning at the transition time.
(5)
The amount of the extra service fee may be no more than the amount of the extra service fee under the old Act immediately before the transition time, subject to subsection (6).
(6)
If the extra service agreement provided for the indexation or increase of the amount of the extra service fee, the amount of the extra service fee may be indexed or increased as provided for by the agreement.

146Additional service fees

(1)
This section is made for the purposes of section 285A of the new Act.
(2)
This section applies in relation to a registered provider and an individual if:
(a)
the registered provider is delivering funded aged care services to the individual in an approved residential care home; and
(b)
immediately before the transition time, under the old Act:
(i)
the registered provider was an approved provider in respect of residential care; and
(ii)
the individual was approved as a recipient of residential care; and
(iii)
the provider was providing residential care to the individual through a residential care service; and
(iv)
an agreement for charging an amount for other care or services (as mentioned in paragraph 56‑1(e) of the old Act) was in effect between the provider and the individual.
(3)
The registered provider may charge the individual an additional service fee in accordance with this section.
(4)
The additional service fee may be charged only for days in the period of 12 months beginning at the transition time.
(5)
The amount of the additional service fee may be no more than the amount agreed as mentioned in subparagraph (2)(b)(iv) immediately before the transition time, subject to subsection (6).
(6)
If the agreement mentioned in subparagraph (2)(b)(iv) provided for the indexation or increase of the amount of the additional service fee, the amount of the additional service fee may be indexed or increased as provided for by the agreement.

Subdivision B—Modified operation of new rules—Commonwealth contributions

147Accommodation supplement—circumstances for applicability and amount

Subsection 230‑10(1) of the new rules applies as if the following were added at the end of that subsection:
‘; and (d)
the individual is not charged, for the day, an extra service fee under section 145 of the Aged Care (Consequential and Transitional Provisions) Rules 2025 for or in connection with the services.’

148Meaning of low means resident percentage for an approved residential care home for a payment period—counted days

Section 230‑13 of the new rules applies as if the definition of counted day in the formula in that section were omitted and substituted with the following:
‘counted day: a day is a counted day in respect of an individual in an approved residential care home if:
(a)
an ongoing funded aged care service is delivered to the individual through the service group residential care in the home on the day; and
(b)
the individual is not charged, for the day, an extra service fee under section 145 of the Aged Care (Consequential and Transitional Provisions) Rules 2025 for or in connection with the service.’

149Residential care fee reduction supplement determinations—essential expenses

Subsection 231‑17(3) of the new rules applies as if paragraph (a) of that subsection were omitted and substituted with the following:
‘(a)
unreduced daily amounts of the resident contribution, and other fees and contributions payable by the individual under Division 2 of Part 3 of Chapter 4 of the Act, other than the following:
(i)
extra service fees under section 145 of the Aged Care (Consequential and Transitional Provisions) Rules 2025;
(ii)
additional service fees under section 146 of the Aged Care (Consequential and Transitional Provisions) Rules 2025;
(iii)
the higher everyday living fee under section 284 of the Act;’

Subdivision C—Modified operation of new rules—individual fees and contributions

150Fees and contributions payable in an approved residential care home—resident contribution

Division 2 of Part 2 of Chapter 8 of the new rules applies as if the following were inserted after Subdivision A:

‘Subdivision B—Resident contribution

276‑5
Resident contribution—amounts for working out maximum
For the purposes of paragraph 276(2)(b) of the Act, the other amounts are the following:
(a)
the amount of any extra service fee charged under section 145 of the Aged Care (Consequential and Transitional Provisions) Rules 2025;
(b)
the amount of any additional service fee charged under section 146 of the Aged Care (Consequential and Transitional Provisions) Rules 2025.’

151Fees and contributions payable in an approved residential care home—resident respite fee

Subdivision E of Division 2 of Part 2 of Chapter 8 of the new rules applies as if the following were inserted before section 283‑15:
‘283‑10
Resident respite fee—amounts for working out maximum
For the purposes of paragraph 283(2)(b) of the Act, the other amounts are the following:
(a)
the amount of any extra service fee charged under section 145 of the Aged Care (Consequential and Transitional Provisions) Rules 2025;
(b)
the amount of any additional service fee charged under section 146 of the Aged Care (Consequential and Transitional Provisions) Rules 2025.’

152Circumstances in which higher everyday living fee not to be charged to individuals—all higher everyday living agreements

Section 284‑20 of the new rules applies as if the following were added at the end of that section:
‘; (d)
the provider charges the individual an extra service fee under section 145 of the Aged Care (Consequential and Transitional Provisions) Rules 2025 for or in connection with the service;
(e)
the provider charges the individual an additional service fee under section 146 of the Aged Care (Consequential and Transitional Provisions) Rules 2025 for or in connection with the service.’

Part 6—Matters for Chapter 5 of the new Act

Division 1—Identity cards for approved needs assessors

153Modified operation of new Act and new rules for first 8 months

(1)
This section applies until the end of 30 June 2026.
Modified operation of new Act
(2)
Subsection 343A(1) of the new Act applies as if the following were added at the end of that subsection:
‘if the approved needs assessor is to perform functions or exercise powers under this Act in an approved residential care home’.
Modified operation of new rules
(3)
Subsection 343A‑10(2) of the new rules applies as if the following were inserted after “approved needs assessor” in that subsection:
‘in an approved residential care home’.

Division 2—Complaints made under the Commission Rules

154Deemed complaints—issues not dealt with

(1)
This section applies if, before the transition time:
(a)
a person had made a complaint to the Commissioner under subsection 11(1) of the Commission Rules; and
(b)
the Commissioner had not, under subsection 13(1) of the Commission Rules, made any decision, or taken any action, in relation to an issue raised in the complaint.
(2)
At the transition time, the person is taken to have made a complaint about the issue to the Complaints Commissioner under subsection 361‑10(1) of the new rules.

155Deemed complaints and decisions, and dealing with deemed complaints—issues being dealt with

(1)
This section applies if:
(a)
before the transition time, a person had made a complaint to the Commissioner under subsection 11(1) of the Commission Rules; and
(b)
as at immediately before the transition time, either of the following applied in relation to an issue raised in the complaint:
(i)
the Commissioner was taking appropriate action to resolve the issue to the satisfaction of the complainant under paragraph 13(1)(b) of the Commission Rules;
(ii)
the Commissioner had decided to undertake, or was undertaking, a resolution process in relation to the issue under paragraph 13(1)(c) of the Commission Rules.
(2)
At the transition time:
(a)
the person is taken to have made a complaint about the issue to the Complaints Commissioner under subsection 361‑10(1) of the new rules; and
(b)
the Complaints Commissioner is taken to have decided to undertake a resolution process in relation to the complaint under paragraph 361‑42(b) of the new rules.
(3)
In undertaking the resolution process in relation to the complaint under the new rules, the Complaints Commissioner must take into account any actions taken, or decisions made, by the Commissioner under the Commission Rules in relation to the issue that is the subject of the complaint.

156Requesting reconsideration of decisions made before transition time

(1)
This section applies if, before the transition time:
(a)
a complaints reviewable decision was made under the Commission Rules; and
(b)
no request had been made under section 99 of the Commission Rules in relation to the decision; and
(c)
the period for making that request had not ended.
(2)
An interested person for the decision may, before the end of the period referred to in paragraph (1)(c) of this section, make a request in relation to the decision under section 361‑55 of the new rules as if the decision was made under the new rules.
(3)
If such a request is made, the Complaints Commissioner must, in dealing with the request under the new rules, take into account any actions taken, or decisions made, by the Commissioner under the Commission Rules in relation to the complaints reviewable decision.

157Reconsideration decisions not made as at the transition time

(1)
This section applies if, before the transition time:
(a)
a person had made a request under section 99 of the Commission Rules in relation to a complaints reviewable decision; and
(b)
a reconsideration decision within the meaning of the Commission Rules had not been made in relation to the complaints reviewable decision.
(2)
Despite the repeal of the old law and subject to this section, the Commission Rules continue to apply in relation to the complaints reviewable decision as if the repeal had not happened.

158New resolution processes to be undertaken, or continued, under new rules

(1)
This section applies if:
(a)
a reconsideration decision to undertake a new resolution process in relation to a complaints reviewable decision is made in accordance with the Commission Rules after the transition time in accordance with subsection 157(2) of this instrument; or
(b)
a new resolution process in relation to a complaints reviewable decision is being undertaken in accordance with the Commission Rules as at the transition time.
(2)
The new resolution process must be undertaken or continued (as the case may be) in accordance with the new rules as if the complaints reviewable decision were a decision referred to in section 361‑55 of the new rules.
(3)
The Complaints Commissioner must, in undertaking or continuing a new resolution process in accordance with subsection (2) of this section in relation to a complaints reviewable decision, take into account any actions taken, or decisions made, by the Commissioner under the Commission Rules in relation to the complaints reviewable decision.

159Modified operation of new Act and new rules

Modified operation of new Act
(1)
Part 5 of Chapter 7 of the new Act does not apply in relation to a complaint deemed to have been made under this Division.
Modified operation of new rules
(2)
The following do not apply in relation to a complaint deemed to have been made under this Division:
(a)
section 361‑25 of the new rules;
(b)
paragraph 361‑35(1)(b) of the new rules;
(c)
subsections 361‑40(1) to (3) of the new rules.

Division 3—Complaints about responsibilities under the old law

160Modified operation of new Act and new rules

Modified operation of new Act
(1)
Section 358 of the new Act applies as if the following were inserted after paragraph (a) of that section:
‘(aa)
maintaining independent, transparent, accountable, accessible, safe and culturally safe processes for:
(i)
making complaints about the responsibilities of an approved provider under the old Act or the old Principles; and
(ii)
making complaints about the responsibilities of a service provider of a Commonwealth‑funded aged care service under the funding agreement that related to the service;’
Modified operation of new rules
(2)
Subsection 361‑10(1) of the new rules applies as if the following were added at the end of that subsection:
‘; or (c)
the responsibilities of an approved provider under the old Act or the old Principles; or
(d)
the responsibilities of a service provider of a Commonwealth‑funded aged care service under the funding agreement that related to the service.’

Part 7—Matters for Chapter 6 of the new Act

Division 1—System Governor functions assurance activities

161System Governor may conduct assurance activities in relation to information provided under the old law

Subsection 508(1) of the new Act applies as if it also permitted the System Governor to conduct assurance activities relating to information provided, at any time during the period of 18 months ending at the transition time, to the Secretary or the Quality and Safety Commissioner under the old law by an approved provider who is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be a registered provider.

Division 2—Recoverable amounts

162Deemed recoverable amounts and debtors

(1)
This section applies if, immediately before the transition time, a registered provider was:
(a)
a person who was liable, under the old Act, to pay a recoverable amount; or
(b)
a person who was a transferee within the meaning of section 95‑4 of the old Act.
(2)
At the transition time:
(a)
the amount is taken to be a recoverable amount under section 514 of the new Act; and
(b)
the registered provider is taken to be a debtor under section 514 of the new Act in relation to the recoverable amount.
Note: Division 2 of Part 13 of Chapter 6 of the new Act deals with the recovery of recoverable amounts.

163Continued application of section 95‑5 of old Act

Despite the repeal of the old Act, section 95‑5 of the old Act continues to apply in relation to a person and a recoverable amount, on and after the transition time, as if that repeal had not happened.

Part 8—Matters for Chapter 7 of the new Act

Division 1—Information management—secrecy of information

164Authorisations of System Governor to use or disclose information for grants etc.—disclosure for star ratings

(1)
Section 541 of the new Act applies, after the transition time, in relation to a registered provider that, immediately before the transition time, was an approved provider, as if:
(a)
a reference in that section to information about the quality of funded aged care services delivered by the registered provider in approved residential care homes includes a reference to information (whether obtained or generated before or after the transition time) about the quality of residential care provided under the old Act by the approved provider through residential care services; and
(b)
a reference in that section to information about action taken under the new Act in relation to the delivery of funded aged care services by the registered provider in approved residential care homes includes a reference to information (whether obtained or generated before or after the transition time) about action taken under the Commission Act in relation the provision of residential care under the old Act by the approved provider through residential care services; and
(c)
a reference in that section to compliance with the new Act in relation to the delivery of funded aged care services by the registered provider in approved residential care homes includes a reference to compliance with the Commission Act in relation to the provision of residential care under the old Act by the approved provider through residential care services.
(2)
Subsection 541(5) of the new Act applies, in relation to information published under subsection 541(2) of the new Act relating to the provision of residential care under the old Act by the approved provider through residential care services, as if the reference to personal information about an individual accessing, or seeking access, to funded aged care services was instead a reference to personal information about an individual.

Part 9—Matters for Chapter 8 of the new Act

Division 1—Delegation provisions

165Delegations by Secretary under old law

Despite the repeal of the old Act and the old Transitional Provisions Act, a delegation by the Secretary under:
(a)
section 96‑2 (delegation of Secretary’s powers and functions) of the old Act; or
(b)
section 96‑2 (delegation of Secretary’s powers and functions) of the old Transitional Provisions Act;
that was in effect immediately before the transition time continues in effect, after the transition time, for the purposes of a decision made after the transition time under the old law in accordance with the CTP Act or this instrument, as if the repeal had not happened.

Part 10—Matters for multiple chapters of the new Act

Division 1—Refundable deposits

Subdivision A—Accommodation agreements entered into under the old Act before the transition time

166Application of this Subdivision

This Subdivision applies to an individual in the post‑2014 residential accommodation class if, immediately before the transition time, an accommodation agreement (within the meaning of the old Act) was in effect for the individual with an approved provider that is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be a registered provider at the transition time.

167General rules

(1)
For the purposes of applying the new law to the individual:
(a)
the accommodation agreement continues in effect (and may be dealt with) on and after that time as if it were an accommodation agreement entered into with the registered provider under Division 3 of Part 4 of Chapter 4 of the new Act; and
(b)
residential care (within the meaning of the old Act) that was provided to the individual by the approved provider through a residential care service (within the meaning of the old Act) in accordance with the agreement before the transition time is taken on and after that time to have been the delivery of ongoing funded aged care services to the individual in the approved residential care home of the registered provider that the System Governor, in accordance with subitem 5(7) of Schedule 2 to the CTP Act, deems the service to be or be part of; and
(c)
the individual’s day of entry (within the meaning of the old Act) for the residential care service is taken to be the individual’s start day for the approved residential care home.
(2)
A reference in the new law to a refundable accommodation contribution includes a reference to a refundable accommodation contribution within the meaning of the old Act paid under the agreement before the transition time.
(3)
A reference in the new law to a refundable accommodation deposit includes a reference to a refundable accommodation deposit within the meaning of the old Act paid under the agreement before the transition time.
(4)
Subsection (2) or (3) does not apply if, at the transition time, the refundable deposit balance, in relation to the refundable accommodation contribution or refundable accommodation deposit, is nil.

168Specific rules

(1)
This section applies in relation to a refundable deposit to which subsection 167(2) or (3) applies.
Definition of refundable deposit balance
(2)
The definition of refundable deposit balance in section 7 of the new Act applies, in relation to the refundable deposit, as if the reference in paragraph (b) of the definition to any amounts that have been deducted from the refundable deposit balance under the new Act included a reference to any amounts that were deducted from the refundable deposit balance within the meaning of the old Act in relation to the refundable deposit under the old Act before the transition time.
Offences relating to non‑permitted use of refundable deposits
(3)
Subsection 178(1) of the new Act applies to a use of the refundable deposit:
(a)
that occurred during the period of 5 years ending immediately before the transition time; and
(b)
to which paragraph 52N‑2(1)(c) of the old Act applied.
(4)
Subsection 178(2) of the new Act applies in relation to a use of the refundable deposit:
(a)
that occurred during the period of 5 years ending immediately before the transition time, or later; and
(b)
to which paragraph 52N‑2(2)(c) of the old Act applied.
Registered provider may retain income derived
(5)
For the purposes of section 306 of the new Act, it does not matter whether income derived from the refundable deposit was derived before, at or after the transition time.
Amounts to be deducted from refundable deposit balances—general
(6)
Subsections 307(2) and (3) of the new Act apply in relation to the refundable deposit balance, in relation to the refundable deposit, as follows:
(a)
for the purposes of subsections 307(2) and (3), it does not matter whether a daily payment that is payable by the individual, or an amount that is deductable, under the agreement at or after the transition time became payable, or deductable, before, at or after the transition time;
(b)
a request made under paragraph 52J‑7(1)(a) of the old Act in relation to a daily payment that is payable under the agreement is taken to have been made under paragraph 307(2)(a) of the new Act;
(c)
an agreement made under paragraph 52J‑7(2)(b) of the old Act in relation to an amount is taken to have been made under paragraph 307(3)(b) of the new Act;
(d)
subsection 307(2) or (3) of the new Act does not require a daily payment or an amount to be deducted from the refundable deposit balance if the daily payment or the amount was deducted before the transition time.

Subdivision B—Period for entry into accommodation agreements under the old Act

169Period for entry into accommodation agreement under the old Act

(1)
This section applies to an individual in the post‑2014 residential accommodation class or the post‑2014 flexible accommodation class if:
(a)
at any time in the period of 28 days that ended immediately before the transition time, the individual:
(i)
entered a residential care service other than as a recipient of respite care (within the meaning of the old Act); or
(ii)
entered an eligible flexible care service (within the meaning of the old Act); and
(b)
immediately before the transition time, the individual had not entered into an accommodation agreement (within the meaning of the old Act).
(2)
Despite the repeal of the old law, Division 52F of the old Act continues to apply to the individual and the approved provider of the service.

Division 2—Accommodation bonds

170Accommodation bonds

(1)
This section applies to an individual in the pre‑2014 accommodation class if, immediately before the transition time, an accommodation bond agreement (within the meaning of the old Transitional Provisions Act) was in effect for the individual with an approved provider that is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be a registered provider at the transition time.
(2)
For the purposes of applying section 287 ofthe new Act and Part 2 of Chapter 9 of the new rules to the individual:
(a)
the accommodation bond agreement continues in effect (and may be dealt with) on and after that time as if it were an accommodation bond agreement entered into with the registered provider under Division 2 of that Part; and
(b)
residential care (within the meaning of the old Act) that was provided to the individual by the approved provider through a residential care service (within the meaning of the old Act) in accordance with the agreement before the transition time is taken on and after that time to have been the delivery of ongoing funded aged care services to the individual in the approved residential care home of the registered provider that the System Governor, in accordance with subitem 5(7) of Schedule 2 to the CTP Act, deems the service to be or be part of; and
(c)
the individual’s day of entry (within the meaning of the old Act) for the residential care service is taken to be the individual’s start day for the approved residential care home; and
(d)
an election made by the individual under section 57‑17 of the old Transitional Provisions Act is taken to have been made in accordance with section 287‑70 of the new rules; and
(e)
an amount of interest that, before the transition time, was paid or payable to the approved provider in accordance with section 74 of the old Transitional Provisions Principles is taken to have been paid, or to be payable, to the registered provider in accordance with section 287‑80 of the new rules; and
(f)
income retained by the approved provider in accordance with subsection 57‑18(1) of the old Transitional Provisions Act before the transition time is taken to have been retained, or to be permitted to be retained, in accordance with subsection 287‑85(1) of the new rules; and
(g)
an amount that, before the transition time, was paid or payable to the approved provider in accordance with subsection 57‑18(2) or (3) of the old Transitional Provisions Act or section 91 or 92 of the old Transitional Provisions Principles is taken to have been paid, or to be payable, to the registered provider in accordance with subsections 287‑85(2) to (6) of the new rules; and
(h)
an amount:
(i)
deducted before the transition time from the accommodation bond balance for the individual’s accommodation bond in accordance with section 57‑19 of the old Transitional Provisions Actor section 95 of the old Transitional Provisions Principles; or
(ii)
permitted to be deducted from that balance before that time in accordance with that section but that had not yet been deducted as at that time;
is taken to have been deducted, or to be permitted to be deducted, from the accommodation bond balance for the individual’s accommodation bond in accordance with section 287‑90 of the new rules; and
(i)
an amount deducted before the transition time from the accommodation bond balance for the individual’s accommodation bond in accordance with section 57‑20 of the old Transitional Provisions Actor section 97 or 98 of the old Transitional Provisions Principles is taken to have been deducted, or to be permitted to be deducted, from the accommodation bond balance for the individual’s accommodation bond in accordance with sections 287‑95 and 287‑100 of the new rules; and
(j)
an accommodation bond (within the meaning of the old Act) used by the approved provider in accordance with section 52N‑1 of the old Act or section 62, 63 or 64 of the Fees and Payments Principles before the transition time is taken to have been used, or to be permitted to be used, by the registered provider in accordance with section 287‑101 of the new rules.
(3)
Subsection (2) is not intended to change the time at which any thing referred to in that subsection was done or happened.

171Period for entry into accommodation bond agreement

(1)
If:
(a)
an individual entered a residential care service or flexible care service (both within the meaning of the old Act) at any time in the period of 21 days that ended immediately before the transition time; and
(b)
immediately before the transition time, the individual was eligible under the old Act to enter into an accommodation bond agreement (within the meaning of the old Transitional Provisions Act); and
(c)
immediately before the transition time, the individual had not entered into such an accommodation bond agreement;
then section 287‑20 of the new rules applies in relation to the individual as though a reference in that section to the individual’s start day for the home were a reference to the day the individual entered the residential care service or flexible service (subject to subsection (2)).
(2)
If, under subsection 57‑2(2) of the old Transitional Provisions Act, the time limit in paragraph 57‑2(1)(e) of that Act was extended, before the transition time, by a number (the relevant number) of days, then section 287‑20 of the new rules applies in relation to the individual as though:
(a)
a reference in that section to the individual’s start day for the home were a reference to the day the individual entered the residential care service or flexible service; and
(b)
a reference in that section to 21 were a reference to the number that is 21 plus the relevant number.

172Offences relating to non‑permitted use of accommodation bonds

(1)
Subsection 178A(1) of the new Act applies to a use of the accommodation bond:
(a)
that occurred during the period of 5 years ending immediately before the transition time; and
(b)
to which paragraph 52N‑2(1)(c) of the old Act applied.
(2)
Subsection 178A(2) of the new Act applies in relation to a use of the accommodation bond:
(a)
that occurred during the period of 5 years ending immediately before the transition time, or later; and
(b)
to which paragraph 52N‑2(2)(c) of the old Act applied.

Division 3—Accommodation charges

173Accommodation charges

(1)
This section applies to an individual in the pre‑2014 accommodation class if, immediately before the transition time, an accommodation charge agreement (within the meaning of the old Transitional Provisions Act) was in effect for the individual with an approved provider that is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be a registered provider at the transition time.
(2)
For the purposes of applying section 287 ofthe new Act and Part 2 of Chapter 9 of the new rules to the individual:
(a)
the accommodation charge agreement continues in effect (and may be dealt with) on and after that time as if it were an accommodation charge agreement entered into with the registered provider under Division 4 of that Part; and
(b)
residential care (within the meaning of the old Act) that was provided to the individual by the approved provider through a residential care service (within the meaning of the old Act) in accordance with the agreement before the transition time is taken on and after that time to have been the delivery of ongoing funded aged care services to the individual in the approved residential care home of the registered provider that the System Governor, in accordance with subitem 5(7) of Schedule 2 to the CTP Act, deems the service to be or be part of; and
(c)
the individual’s day of entry (within the meaning of the old Act) for the residential care service is taken to be the individual’s start day for the approved residential care home; and
(d)
an amount of interest that, before the transition time, was paid or payable to the approved provider in accordance with section 57A‑12 of the old Transitional Provisions Act, as in force immediately before the transition time, is taken to have been paid, or to be payable, to the registered provider in accordance with section 287‑155 of the new rules.
(3)
Subsection (2) is not intended to change the time at which any thing referred to in that subsection was done or happened.

174Period for entry into accommodation charge agreement

(1)
If:
(a)
an individual entered a residential care service or flexible care service (both within the meaning of the old Act) at any time in the period of 21 days that ended immediately before the transition time; and
(b)
immediately before the transition time, the individual was eligible under the old Act to enter into an accommodation charge agreement (within the meaning of the old Transitional Provisions Act); and
(c)
immediately before the transition time, the individual had not entered into such an accommodation charge agreement;
then section 287‑110 of the new rules applies in relation to the individual as though a reference in that section to the individual’s start day for the home were a reference to the day the individual entered the residential care service or flexible service (subject to subsection (2)).
(2)
If, under subsection 57A‑2(2) of the old Transitional Provisions Act, the time limit in paragraph 57A‑2(1)(e) of that Act was extended, before the transition time, by a number (the relevant number) of days, then section 287‑110 of the new rules applies in relation to the individual as though:
(a)
a reference in that section to the individual’s start day for the home were a reference to the day the individual entered the residential care service or flexible service; and
(b)
a reference in that section to 21 were a reference to the number that is 21 plus the relevant number.

Schedule 1—Repeals of instruments

Repeals of instruments

Repeal the following instruments:

Accountability Principles 2014

Aged Care (Conditions of Allocation) Determination 2016

Aged Care (Leave from Residential Care Services) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Determination 2020

Aged Care Quality and Safety Commission Rules 2018

Aged Care (Subsidy, Fees and Payments) Determination 2014

Aged Care (Transitional Provisions) Principles 2014

Aged Care (Transitional Provisions) (Residential Care Subsidy) Determination 2014

Aged Care (Transitional Provisions) (Subsidy and Other Measures) Determination 2014

Allocation Principles 2014

Approval of Care Recipients Principles 2014

Classification Principles 2014

Extra Service Principles 2014

Fees and Payments Principles 2014 (No. 2)

Grant Principles 2014

Information Principles 2014

Prioritised Home Care Recipients Principles 2016

Quality of Care Principles 2014

Records Principles 2014

Subsidy Principles 2014

User Rights Principles 2014