Aged Care (Living Longer Living Better) Act 2013 (Cth)

Aged Care (Living Longer Living Better) Act 2013

No. 76, 2013

Compilation No. 1

Compilation date: 5 March 2016

Includes amendments up to: Act No. 126, 2015

Registered: 8 March 2016

About this compilation

This compilation

This is a compilation of the Aged Care (Living Longer Living Better) Act 2013 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act to amend the Aged Care Act 1997, and for related purposes

1Short title

This Act may be cited as the Aged Care (Living Longer Living Better) Act 2013.

2Commencement

(1)
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 4 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	28 June 2013
2. Schedule 1	1 August 2013.	1 August 2013
3. Schedule 2, items 1 to 4	1 January 2014.	1 January 2014
3A. Schedule 2, item 5	1 August 2013.	1 August 2013
3B. Schedule 2, item 6	1 January 2014.	1 January 2014
3C. Schedule 2, items 7 to 11	1 August 2013.	1 August 2013
3D. Schedule 2, item 12	1 January 2014.	1 January 2014
3E. Schedule 2, items 13 and 14	1 August 2013.	1 August 2013
3F. Schedule 2, item 15	1 January 2014.	1 January 2014
3G. Schedule 2, items 16 and 16A	1 August 2013.	1 August 2013
3H. Schedule 2, item 17	1 January 2014.	1 January 2014
3J. Schedule 2, item 18	1 August 2013.	1 August 2013
3K. Schedule 2, items 19 to 21	1 January 2014.	1 January 2014
3L. Schedule 2, item 22	1 August 2013.	1 August 2013
3M. Schedule 2, item 23	1 January 2014.	1 January 2014
3N. Schedule 2, Part 2	1 August 2013.	1 August 2013
4. Schedule 3	1 July 2014.	1 July 2014
5. Schedule 4, Part 1	1 August 2013.	1 August 2013
6. Schedule 4, Part 2	1 July 2014.	1 July 2014
7. Schedule 5, Part 1	1 July 2014.	1 July 2014
8. Schedule 5, Parts 2 and 3	Immediately after the commencement of the provision(s) covered by table item 7.	1 July 2014

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

3Schedule(s)

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

4Review of operation of amendments

(1)
The Minister must cause an independent review to be undertaken of the operation of the amendments made by:
(a)
this Act; and
(b)
the Aged Care (Bond Security) Amendment Act 2013; and
(c)
the Aged Care (Bond Security) Levy Amendment Act 2013.
(2)
The review must consider at least the following matters:
(a)
whether unmet demand for residential and home care places has been reduced;
(b)
whether the number and mix of places for residential care and home care should continue to be controlled;
(c)
whether further steps could be taken to change key aged care services from a supply driven model to a consumer demand driven model;
(d)
the effectiveness of means testing arrangements for aged care services, including an assessment of the alignment of charges across residential care and home care services;
(e)
the effectiveness of arrangements for regulating prices for aged care accommodation;
(f)
the effectiveness of arrangements for protecting equity of access to aged care services for different population groups;
(g)
the effectiveness of workforce strategies in aged care services, including strategies for the education, recruitment, retention and funding of aged care workers;
(h)
the effectiveness of arrangements for protecting refundable deposits and accommodation bonds;
(i)
the effectiveness of arrangements for facilitating access to aged care services;
(j)
any other related matter that the Minister specifies.
(3)
The review must make provision for public consultation and, in particular, must provide for consultation with:
(a)
approved providers; and
(b)
aged care workers; and
(c)
consumers; and
(d)
people with special needs; and
(e)
carers; and
(f)
representatives of consumers.
(4)
The review must be undertaken as soon as practicable after the end of the period of 3 years after the commencement of Schedule 1.
(5)
The person who undertakes the review must give the Minister a written report of the review within 12 months after the end of the 3 year period.
(6)
The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of receiving it.

Schedule 1—Amendments commencing on 1 August 2013

Part 1Amendments

Aged Care Act 1997

Subsection 1‑3(5) (table items 3 and 4)

Omit “community”, substitute “home”.

Paragraph 3‑5(b)

Repeal the paragraph.

Section 3‑6

Repeal the section.
4
Section 5‑2 (heading to table column headed “Community care subsidy”)
Omit “Community”, substitute “Home”.

Section 5‑2 (note 2)

Repeal the note, substitute:
Note 2: Allocation of funding for grants is dealt with in Chapter 5.

Paragraphs 11‑3(b) to (e)

Repeal the paragraphs, substitute:
(b)
people from culturally and linguistically diverse backgrounds;
(c)
people who live in rural or remote areas;
(d)
people who are financially or socially disadvantaged;
(e)
veterans;
(f)
people who are homeless or at risk of becoming homeless;
(g)
care‑leavers;
(ga)
parents separated from their children by forced adoption or removal;
(h)
lesbian, gay, bisexual, transgender and intersex people;
(i)
people of a kind (if any) specified in the Allocation Principles.

Subsection 12‑3(2)

Omit “in the Gazette”, substitute “on the Department’s website”.

Subsection 12‑5(3)

Repeal the subsection.

Subsection 12‑6(3)

Omit “in the Gazette”, substitute “on the Department’s website”.

Section 14‑2

Repeal the section, substitute:

14‑2Competitive assessment of applications for allocations

In deciding which allocation of *places would best meet the needs of the aged care community in the *region, the Secretary must consider, in relation to each application, the matters set out in the Allocation Principles.

At the end of subsection 14‑5(1)

Add:
Note: Approved providers have a responsibility under Part 4.3 to comply with the conditions to which the allocation is subject. Failure to comply with a responsibility can result in a sanction being imposed under Part 4.4.

Subsection 14‑5(4)

Repeal the subsection.

Subsection 15‑7(7)

Repeal the subsection.

Subsection 16‑9(2)

Repeal the subsection.

Paragraph 16‑11(c)

Omit “*community”, substitute “*home”.

Subsection 17‑2(3)

Repeal the subsection.

At the end of subsection 18‑2(2)

Add:
; (f)
the approved provider’s proposals for ensuring that the provider meets the provider’s responsibilities for any:
(i)
*accommodation bond balance; or
(ii)
*entry contribution balance;
held by the provider in respect of the places to be relinquished.

Paragraph 18‑5(1)(b)

Omit “community” (wherever occurring), substitute “home”.

Section 19‑1

Omit “community”, substitute “home”.

Section 19‑1

Omit “*community”, substitute “*home”.

Subsection 20‑1(2)

Omit “community” (wherever occurring), substitute “home”.

Subsection 20‑1(4)

Omit “community” (wherever occurring), substitute “home”.

Paragraph 21‑1(b)

Omit “community”, substitute “home”.

Section 21‑3 (heading)

Omit “community”, substitute “home”.

Section 21‑3

Omit “community”, substitute “home”.

Paragraph 21‑3(c)

Omit “community”, substitute “home”.

Paragraph 22‑1(1)(b)

Omit “community”, substitute “home”.

Subsection 22‑2(3)

Repeal the subsection, substitute:
(3)
The Secretary may limit the approval to one or more levels of care.
Note: Limitations of approvals to one or more levels of care are reviewable under Part 6.1.

Paragraph 22‑4(2)(b)

Repeal the paragraph, substitute:
(b)
the person’s eligibility to receive a specified level or levels of care.

Paragraph 22‑6(2)(c)

Repeal the paragraph, substitute:
(c)
whether the approval is limited to a level or levels of care (see subsection 22‑2(3));

Section 23‑1

Omit “community”, substitute “home”.

Paragraph 23‑3(2)(c)

Omit “community”, substitute “home”.

Section 24‑1 (note)

Omit “community”, substitute “home”.

Subsection 25‑2(5)

Repeal the subsection.

Subsection 25‑4(1)

After “27‑4”, insert “at one or more *aged care services operated by the approved provider”.

Paragraph 25‑4(1)(a)

Omit “a substantial number of appraisals or reappraisals connected with classifications”, substitute “an appraisal or reappraisal connected with a classification”.

Paragraph 25‑4(1)(b)

Omit “classifications made in connection with those appraisals or reappraisals were”, substitute “classification was”.

Paragraph 25‑4(1)(c)

Repeal the paragraph, substitute:
(c)
the Secretary is satisfied that, after the classification was changed, the approved provider gave false, misleading or inaccurate information in another appraisal or reappraisal.

Subsection 25‑4(2)

Repeal the subsection.

Paragraph 27‑3(1)(a)

Omit “a substantial number of appraisals or reappraisals connected with classifications”, substitute “an appraisal or reappraisal connected with a classification”.

Paragraph 27‑3(1)(b)

Omit “classifications made in connection with those appraisals or reappraisals were”, substitute “classification was”.

Paragraph 27‑3(1)(c)

Repeal the paragraph, substitute:
(c)
the Secretary is satisfied that, after the classification was changed, the approved provider gave false, misleading or inaccurate information in another appraisal or reappraisal;

Subsection 27‑3(2)

Repeal the subsection.

Subsection 32‑7(2)

Omit “in the Gazette”, substitute “on the Department’s website”.

Subsection 32‑8(5)

Repeal the subsection.

Section 39‑2

Before “The”, insert “(1)”.

At the end of section 39‑2

Add:
(2)
Subsection (1) does not apply in relation to a temporary change in location if the Secretary is satisfied that exceptional circumstances exist.

Subsections 39‑3(1) and (2)

Repeal the subsections, substitute:
(1)
If:
(a)
the Secretary is satisfied that an approved provider’s residential care service has ceased to be suitable for *certification; or
(b)
the Secretary is satisfied that the approved provider’s application for certification of the service contained information that was false or misleading in a material particular;
the Secretary must notify the approved provider that the Secretary is considering revoking the certification.
Note: Certification may also be revoked as a sanction under Part 4.4.
(2)
The notice must be in writing and must:
(a)
include the Secretary’s reasons for considering the revocation; and
(b)
invite the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and
(c)
inform the approved provider that if no submission is made within that period, any revocation will take effect on the day after the last day for making submissions.

After subsection 39‑3(3)

Insert:
(3A)
Unless the Secretary decides to take action under section 39‑3A or 39‑3B, the Secretary must revoke the *certification if the Secretary remains satisfied that:
(a)
the residential care service has ceased to be suitable for certification; or
(b)
the approved provider’s application for certification of the service contained information that was false or misleading in a material particular.
Note: Revocations of certifications are reviewable under Part 6.1.

After section 39‑3

Insert:

39‑3ASecretary may issue notice to rectify

(1)
This section applies if:
(a)
the Secretary has notified an approved provider under subsection 39‑3(2) that the Secretary is considering revoking the *certification of the approved provider’s residential care service because the service has ceased to be suitable for certification; and
(b)
the approved provider has made submissions to the Secretary in accordance with the invitation under paragraph 39‑3(2)(b); and
(c)
the Secretary is satisfied that the submissions:
(i)
propose appropriate action to rectify the unsuitability of the service; or
(ii)
set out sufficient reason for the unsuitability.
(2)
The Secretary may give the approved provider a notice in accordance with subsection (3).
(3)
The notice must be in writing and must:
(a)
inform the approved provider that, within 14 days after the date of the notice, or within such shorter period as is specified in the notice, the approved provider must give a written undertaking to the Secretary to rectify the unsuitability of the service; and
(b)
inform the approved provider that the *certification will be revoked at the time specified in the notice if the undertaking is not given or complied with.
(4)
The undertaking must:
(a)
be in a form approved by the Secretary; and
(b)
contain a description and acknowledgement of the unsuitability of the service; and
(c)
set out the action the approved provider proposes to take to rectify the unsuitability of the service; and
(d)
set out the period within which such action will be taken; and
(e)
contain an acknowledgement that a failure by the approved provider to comply with the undertaking will result in the *certification being revoked.
(5)
If the approved provider fails to give the undertaking within the specified time or fails to comply with the undertaking, the Secretary must:
(a)
revoke the *certification; and
(b)
give the approved provider written notice of the revocation.

39‑3BSecretary may request further information

(1)
This section applies if, after receiving submissions in accordance with the invitation under paragraph 39‑3(2)(b), the Secretary is not satisfied as mentioned in paragraph 39‑3A(1)(c).
(2)
The Secretary may, in writing, request further information from the approved provider in relation to the submissions.
(3)
The request must be made within 28 days after the end of the period for making submissions in accordance with the invitation under paragraph 39‑3(2)(b).
(4)
The further information must be provided within the time specified in the request.
(5)
If, after receiving the further information, the Secretary is satisfied as mentioned in paragraph 39‑3A(1)(c), then:
(a)
the Secretary must give a notice to the approved provider in accordance with subsection 39‑3A(3); and
(b)
subsections 39‑3A(4) and (5) have effect.
(6)
If:
(a)
the approved provider does not provide the further information within the specified time; or
(b)
after receiving the further information, the Secretary is not satisfied as mentioned in paragraph 39‑3A(1)(c);
the Secretary must:
(c)
revoke the *certification of the approved provider’s residential care service; and
(d)
give the approved provider written notice of the revocation.
(7)
The notice must be given within 28 days after the end of the period for providing the further information.

Section 40‑1

Omit “*community”, substitute “*home”.

Subsection 42‑5(2)

Repeal the subsection.

At the end of section 44‑27 (before the note)

Add:
; (e)
any other supplement set out in the Residential Care Subsidy Principles for the purposes of this paragraph.

Part 3.2 (heading)

Omit “Community”, substitute “Home”.

Section 45‑1

Omit “*community”, substitute “*home”.

Section 45‑1

Omit “community”, substitute “home”.

Section 45‑2 (heading)

Omit “Community”, substitute “Home”.

Section 45‑2

Omit “*Community”, substitute “*Home”.

Section 45‑2

Omit “Community Care”, substitute “Home Care”.

Section 45‑2 (note)

Omit “Community”, substitute “Home”.

Section 45‑3 (heading)

Omit “community”, substitute “home”.

Subsection 45‑3(1)

Omit “Community”, substitute “Home”.

Subsection 45‑3(2)

Omit “Community”, substitute “Home”.

Paragraphs 45‑3(2)(a) and (b)

Omit “community”, substitute “home”.

Division 46 (heading)

Omit “community”, substitute “home”.

Section 46‑1 (heading)

Omit “community”, substitute “home”.

Subsection 46‑1(1)

Omit “*community care subsidy”, substitute “*home care subsidy”.

Paragraph 46‑1(1)(a)

Omit “community”, substitute “*home”.

Paragraph 46‑1(1)(b)

Omit “*community”, substitute “*home”.

Paragraph 46‑1(1)(b)

Omit “community” (wherever occurring), substitute “home”.

Paragraph 46‑1(1)(c)

Omit “community” (wherever occurring), substitute “home”.

Subsection 46‑1(1) (note)

Repeal the note.

Subsection 46‑1(2)

Omit “*community” (wherever occurring), substitute “*home”.

Subsection 46‑1(2)

Omit “community”, substitute “home”.

Subsection 46‑1(2) (note)

Omit “community”, substitute “home”.

Section 46‑2 (heading)

Omit “community”, substitute “home”.

Subsection 46‑2(1)

Omit “community” (wherever occurring), substitute “home”.

Subsection 46‑2(1)

Omit “*community”, substitute “*home”.

Subsections 46‑2(3) to (5)

Repeal the subsections, substitute:
(3)
The Home Care Subsidy Principles may specify requirements relating to the suspension, on a temporary basis, of home care.

Subsection 46‑3(1)

Omit “*community” (wherever occurring), substitute “*home”.

Subsection 46‑3(1)

Omit “community” (wherever occurring), substitute “home”.

Subsection 46‑3(2)

Omit “*community” (wherever occurring), substitute “*home”.

Subsection 46‑3(2)

Omit “community” (wherever occurring), substitute “home”.

Section 46‑4 (heading)

Omit “community”, substitute “home”.

Paragraph 46‑4(1)(a)

Omit “*community”, substitute “*home”.

Paragraph 46‑4(1)(b)

Omit “community”, substitute “home”.

Division 47 (heading)

Omit “community”, substitute “home”.

Section 47‑1 (heading)

Omit “community”, substitute “home”.

Subsections 47‑1(1) and (2)

Omit “*Community”, substitute “*Home”.

Subsection 47‑1(2)

Omit “community” (wherever occurring), substitute “home”.

Paragraph 47‑2(b)

Omit “Community”, substitute “Home”.

Subsection 47‑3(1)

Omit “*community”, substitute “*home”.

Subsection 47‑3(2)

Omit “community”, substitute “home”.

Subsection 47‑3(2)

Omit “*community”, substitute “*home”.

Subsection 47‑3(3)

Omit “community”, substitute “home”.

Paragraph 47‑3(3)(a)

Omit “*community”, substitute “*home”.

Subsection 47‑3(4)

Omit “Community”, substitute “Home”.

Section 47‑4 (heading)

Omit “community”, substitute “home”.

Subsection 47‑4(1)

Omit “*community”, substitute “*home”.

100

Subsection 47‑4(1)

Omit “community” (wherever occurring), substitute “home”.

101

Subsection 47‑4(2)

Omit “*community”, substitute “*home”.

102

Subsection 47‑4(2)

Omit “community”, substitute “home”.

103

Subsection 47‑4(3)

Omit “community”, substitute “home”.

104

Section 47‑4A (heading)

Omit “community”, substitute “home”.

105

Division 48 (heading)

Omit “community”, substitute “home”.

106

Section 48‑1 (heading)

Omit “community”, substitute “home”.

107

Subsection 48‑1(1)

Omit “*community” (wherever occurring), substitute “*home”.

108

Subsection 48‑1(1)

Omit “community” (wherever occurring), substitute “home”.

109

Subsection 48‑1(2)

Omit “*community” (wherever occurring), substitute “*home”.

110

Subsection 48‑1(2)

Omit “community” (wherever occurring), substitute “home”.

111

Subsection 48‑1(3)

Omit “*community”, substitute “*home”.

112

Subsection 48‑1(4)

Omit “*community”, substitute “*home”.

113

Section 49‑3

Omit “community care”, substitute “home care”.

114

Paragraph 50‑1(1)(b)

Repeal the paragraph, substitute:
(b)
the approved provider:
(i)
provides flexible care to a care recipient who is approved under Part 2.3 in respect of flexible care; or
(ii)
provides flexible care to a care recipient who is included in a class of people who, under the Flexible Care Subsidy Principles, do not need approval under Part 2.3 in respect of flexible care; or
(iii)
is taken to provide flexible care in the circumstances set out in the Flexible Care Subsidy Principles; and

115

Paragraph 54‑1(1)(f)

Omit “community”, substitute “home”.

116

Paragraph 54‑1(1)(f)

Omit “Community”, substitute “Home”.

117

Subsection 54‑2(1)

Omit “(1)”.

118

Subsection 54‑2(2)

Repeal the subsection.

119

Section 54‑4 (heading)

Omit “Community”, substitute “Home”.

120

Subsection 54‑4(1)

Omit “(1)”.

121

Subsection 54‑4(1)

Omit “Community” (wherever occurring), substitute “Home”.

122

Subsection 54‑4(1)

Omit “community”, substitute “home”.

123

Subsection 54‑4(2)

Repeal the subsection.

124

Subsection 54‑5(3)

Repeal the subsection.

125

Section 56‑2 (heading)

Omit “community”, substitute “home”.

126

Section 56‑2

Omit “community”, substitute “home”.

127

After paragraph 56‑2(c)

Insert:
(ca)
to provide such other care and services in accordance with the agreement between the approved provider and the care recipient;

128

Paragraph 56‑2(e)

Omit “*community”, substitute “*home”.

129

Subsection 56‑4(3)

Omit “community”, substitute “home”.

130

Subsection 56‑4(3)

Omit “*community”, substitute “*home”.

131

Division 60 (heading)

Omit “community”, substitute “home”.

132

Section 60‑1 (heading)

Omit “community”, substitute “home”.

133

Section 60‑1

Omit “community” (wherever occurring), substitute “home”.

134

Section 60‑2 (heading)

Omit “community”, substitute “home”.

135

Subsection 60‑2(1)

Omit “community”, substitute “home”.

136

Subsection 60‑2(2)

Omit “community” (wherever occurring), substitute “home”.

137

Division 61 (heading)

Omit “community”, substitute “home”.

138

Section 61‑1 (heading)

Omit “community”, substitute “home”.

139

Subsection 61‑1(1)

Omit “community” (wherever occurring), substitute “home”.

140

Subsection 61‑1(2)

Omit “*community”, substitute “*home”.

141

Subsection 61‑1(3)

Omit “*community”, substitute “*home”.

142

At the end of subparagraph 66‑2(1)(a)(iii)

Add “in relation to care and services”.

143

Subparagraph 66‑2(1)(a)(iv)

Omit “administer an aged care service in respect of which the approved provider has not complied with its responsibilities”, substitute “assist the approved provider to comply with its responsibilities in relation to governance and business operations”.

144

Paragraph 66A‑1(2)(a)

Repeal the paragraph, substitute:
(a)
the Secretary is satisfied that:
(i)
the person has the skills and experience required to assist an approved provider to comply with its responsibilities under Parts 4.1, 4.2 and 4.3; and
(ii)
if the person is an individual—the person is not a *disqualified individual; and
(iii)
if the person is a body corporate—no individuals who are responsible for the executive decisions of the body corporate are disqualified individuals; and

145

Subsection 66A‑1(2A)

Repeal the subsection.

146

Subsection 66A‑1(5)

Repeal the subsection, substitute:
(5)
A person may resign an appointment by giving the Secretary a written resignation:
(a)
signed by him or her; or
(b)
if the person is a body corporate—signed by an officer of the body corporate.

147

Paragraph 66A‑2(1)(b)

Omit “revoked; and”, substitute “revoked.”.

148

Paragraph 66A‑2(1)(c)

Repeal the paragraph.

149

Paragraph 66A‑3(1)(b)

Omit “revoked; and”, substitute “revoked.”.

150

Paragraph 66A‑3(1)(c)

Repeal the paragraph.

151

Subsection 66A‑4(2)

After “under section”, insert “66A‑2 or”.

152

Subsection 66A‑4(2)

Omit “administer the service”, substitute “assist the approved provider to comply with its responsibilities”.

153

Subsections 66A‑4(3) and (4)

Repeal the subsections.

154

Section 66A‑5

Repeal the section.

155

Section 69‑1

Omit “, with assessments or approvals related to *aged care or”, substitute “and”.

156

Section 69‑1

Omit:
• *community care grants (see Part 5.2);
• *flexible care grants (see Part 5.2A);
• *assessment grants (see Part 5.3);

157

Paragraph 71‑2(2)(b)

Omit “section 72‑2”, substitute “subsection 72‑1(2)”.

158

Paragraph 71‑2(2)(d)

Repeal the paragraph.

159

Subsection 72‑1(2)

Repeal the subsection, substitute:
(2)
The allocation must meet the criteria for allocations specified in the Residential Care Grant Principles.

160

Sections 72‑2 and 72‑3

Repeal the sections.

161

Subsection 73‑1(2)

Repeal the subsection, substitute:
(2)
The grant is subject to:
(a)
such conditions (if any) as the Secretary determines in writing; and
(b)
such other conditions (if any) as are set out in the Residential Care Grant Principles.

162

Section 73‑2

Repeal the section.

163

Subsection 73‑5(4)

Repeal the subsection (including the note), substitute:
(4)
If the Secretary needs further information to determine the application, the Secretary may give to the approved provider a notice requesting the approved provider to give the further information within 28 days after receiving the notice, or within such shorter period as is specified in the notice.
(5)
The Secretary must make a variation or reject the application:
(a)
within 28 days after receiving the application; or
(b)
if the Secretary has requested further information under subsection (4)—within 28 days after receiving the information.
Note: Variations of allocations and rejections of applications are reviewable under Part 6.1.
(6)
The Secretary must notify the approved provider in writing of the Secretary’s decision.

164

Subsection 74‑1(3)

Repeal the subsection.

165

Parts 5.2, 5.2A and 5.3

Repeal the Parts.

166

Subsection 80‑1(2)

Repeal the subsection.

167

Subsection 81‑3(1)

Omit “(1)”.

168

Subsection 81‑3(2)

Repeal the subsection.

169

Subsection 81‑4(1)

Omit “(1)”.

170

Subsection 81‑4(2)

Repeal the subsection.

171

Paragraph 82‑1(1)(a)

After “residential care”, insert “or home care”.

172

Subsection 82‑3(1)

Omit “(1)”.

173

Subsection 82‑3(2)

Repeal the subsection.

174

Subsection 82‑4(1)

Omit “(1)”.

175

Subsection 82‑4(2)

Repeal the subsection.

176

Section 85‑1 (table item 21)

Omit “a *low level of residential care”, substitute “one or more levels of care”.

177

Section 85‑1 (table item 35)

Omit “39‑3(1)”, substitute “39‑3(3A)”.

178

Section 85‑1 (table items 49A and 49B)

Omit “community”, substitute “home”.

179

Section 85‑1 (table items 57 and 58)

Omit “73‑5(4)”, substitute “73‑5(5)”.

180

Section 85‑1 (table items 59 to 64)

Repeal the items, substitute:

A decision under Principles made under section 96‑1 that is specified in the Principles concerned to be a decision reviewable under this section

the provision specified in the Principles as the provision under which the decision is made

180A

Subsection 85‑6(1)

Omit “1239 of the Social Security Act 1991”, substitute “126 of the Social Security (Administration) Act 1999”.

180B

Paragraph 85‑7(1)(a)

Omit “1240 of the Social Security Act 1991”, substitute “129 of the Social Security (Administration) Act 1999”.

180C

Paragraph 85‑7(1)(b)

Omit “1243 of the Social Security Act 1991”, substitute “135 of the Social Security (Administration) Act 1999”.

180D

Subsection 85‑7(2)

Omit “1240 of the Social Security Act 1991”, substitute “129 of the Social Security (Administration) Act 1999”.

181

Subsection 88‑2(2)

Repeal the subsection.

181A

At the end of section 95A‑1

Add:
(3)
If the *Aged Care Commissioner requests the Secretary to give the Commissioner information that the Commissioner requires for the purposes of the Commissioner’s functions, the Secretary must, if the information is available to the Secretary, give the information to the Commissioner.
(4)
If, on and after 1 January 2014, the *Aged Care Commissioner requests the CEO of the Quality Agency to give the Commissioner information that the Commissioner requires for the purposes of the Commissioner’s functions, the CEO must, if the information is available to the CEO, give the information to the Commissioner.

181B

After section 95A‑11

Insert:

95A‑11AAged Care Commissioner may give report to Minister at any time

The *Aged Care Commissioner may, at any time, give a written report to the Minister on any matter relating to the Commissioner’s functions.

182

Section 96‑1 (table items 7 and 11)

Repeal the items.

183

Section 96‑1 (table item 12)

Omit “Community”, substitute “Home”.

184

Section 96‑1 (table item 14A)

Repeal the item.

184A

Subsection 96‑3(1)

Repeal the subsection, substitute:
(1)
For the purposes of this Act, the Minister:
(a)
must establish a committee to be known as the Aged Care Financing Authority; and
(b)
may establish other committees.

185

Section 96‑5 (note)

Omit “*community”, substitute “home”.
186
Clause 1 of Schedule 1 (paragraph (b) of the definition of aged care)
Omit “community”, substitute “home”.
187
Clause 1 of Schedule 1 (definition of assessment grant)
Repeal the definition.
188
Clause 1 of Schedule 1 (definitions of community care, community care agreement, community care grant, community care service and community care subsidy)
Repeal the definitions.
189
Clause 1 of Schedule 1 (definition of flexible care grant)
Repeal the definition.

190

Clause 1 of Schedule 1

Insert:
home care has the meaning given by section 45‑3.
home care agreement means an agreement referred to in section 61‑1.
home care service means an undertaking through which home care is provided.
home care subsidy means a subsidy payable under Part 3.2.
191
Clause 1 of Schedule 1 (paragraph (b) of the definition of payment period)
Omit “to community”, substitute “to home”.
192
Clause 1 of Schedule 1 (paragraph (b) of the definition of payment period)
Omit “*community”, substitute “*home”.
193
Clause 1 of Schedule 1 (paragraph (b) of the definition of payment period)
Omit “a community”, substitute “a home”.

194

Clause 1 of Schedule 1 (definition of place)

Omit “community”, substitute “home”.

194A

Application

Despite the amendment made by item 184A of this Schedule, subsection 96‑3(1) of the Aged Care Act 1997 has effect, before 1 August 2013, as if that amendment had not been made.

Part 2Transitional and savings provisions

195

Definitions

In this Part:
commencement time means the time when this Schedule commences.
home care has the same meaning as in the new law.
new law means the Aged Care Act 1997 as in force immediately after the commencement time.
old law means the Aged Care Act 1997 as in force immediately before the commencement time.

196

Approval of providers

(1) This item applies if, before the commencement time:
(a)
a person was approved under Part 2.1 of the old law as a provider of aged care (whether or not the approval had come into force); and
(b)
the approval had not ceased to have effect.
(2) To the extent that the approval was in respect of community care, the approval is taken, for the purposes of the new law, to be in respect of home care.
(3) To the extent that the approval was in respect of flexible care, the approval is taken, for the purposes of the new law, to be in respect of both home care and flexible care.

197

Allocation of places

(1) An allocation of places in respect of community care that was done under Part 2.2 of the old law and was in force immediately before the commencement time is taken, after the commencement time, to have been done in respect of home care.
(2) An allocation of places in respect of flexible care that:
(a)
was done under Part 2.2 of the old law and was in force immediately before the commencement time; and
(b)
is of a kind specified in Allocation Principles made for the purposes of this subitem;
is taken, after the commencement time, to have been done in respect of home care.

198

Approval of care recipients

(1) An approval to receive community care that was given under Part 2.3 of the old law and was in force immediately before the commencement time is taken, after the commencement time, to have been given to receive home care.

(2) An approval to receive flexible care that:

(a)
was given under Part 2.3 of the old law and was in force immediately before the commencement time; and
(b)
is of a kind specified in Approval of Care Recipient Principles made for the purposes of this subitem;
is taken, after the commencement time, to have been given to receive home care.
(3) An approval to receive community care or flexible care that is taken to be an approval to receive home care under subitem (1) or (2), is also taken to be limited to the level or levels of care specified in Approval of Care Recipient Principles made for the purposes of this subitem.

199

Making Principles

(1) The Minister may, by legislative instrument, make Allocation Principles or Approval of Care Recipient Principles, or both, providing for matters:
(a)
required or permitted by this Part to be provided; or
(b)
necessary or convenient to be provided in order to carry out or give effect to this Part.
(2) Allocation Principles or Approval of Care Recipient Principles made under subitem (1) may be included with Allocation Principles or Approval of Care Recipient Principles, as the case requires, made under section 96‑1 of the Aged Care Act 1997.

Schedule 2Amendments commencing on 1 January 2014Part 1Amendments

Aged Care Act 1997

Paragraph 42‑4(a)

Omit “an *accreditation body”, substitute “the *CEO of the Quality Agency”.

After section 65‑1

Insert:

65‑1AInformation about compliance with responsibilities

(1)
In deciding whether an approved provider has complied, or is complying, with one or more of its responsibilities under Part 4.1, 4.2 or 4.3, the Secretary may have regard to:
(a)
any information provided by the *CEO of the Quality Agency in accordance with the Quality Agency Reporting Principles; and
(b)
any other relevant information.
(2)
The Quality Agency Reporting Principles may specify the circumstances in which the *CEO of the Quality Agency must provide information of a kind specified in the Principles to the Secretary for the purposes of this Part.
Note: The Quality Agency Reporting Principles are made by the Minister under section 96‑1.

Section 69‑1

Omit:
• *accreditation grants (see Part 5.4);

Part 5.4

Repeal the Part.

At the end of section 84‑1

Add:
; (h)
the Aged Care Pricing Commissioner, whose functions include approving accommodation payments that are higher than the maximum amount of accommodation payments determined by the Minister and approving extra service fees (see Part 6.7).

Paragraphs 95A‑1(2)(d) and (e)

Repeal the paragraphs, substitute:
(d)
to examine complaints made to the Aged Care Commissioner about the processes for:
(i)
accrediting aged care services as mentioned in paragraph 12(a) of the Australian Aged Care Quality Agency Act 2013; and
(ii)
conducting the quality review of home care services as mentioned in paragraph 12(b) of that Act;
(but not a complaint about the merits of a decision under those paragraphs), and make recommendations to the CEO of the Quality Agency arising from the examination;
(e)
to examine, on the Aged Care Commissioner’s own initiative, the processes for:
(i)
accrediting aged care services as mentioned in paragraph 12(a) of the Australian Aged Care Quality Agency Act 2013; and
(ii)
conducting the quality review of home care services as mentioned in paragraph 12(b) of that Act;
and make recommendations to the CEO of the Quality Agency arising from the examination;

Subsections 95A‑4(1) and (2)

Omit “Complaints Principles”, substitute “Commissioner Principles”.

Section 95A‑9

Before “The”, insert “(1)”.

At the end of section 95A‑9

Add:
(2)
The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

Section 95A‑10

Repeal the section, substitute:

95A‑10Termination of appointment

(1)
The Minister may terminate the appointment of the *Aged Care Commissioner:
(a)
for misbehaviour; or
(b)
if the Aged Care Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity.
(2)
The Minister must terminate the appointment of the *Aged Care Commissioner if the Aged Care Commissioner:
(a)
becomes bankrupt; or
(b)
applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c)
compounds with his or her creditors; or
(d)
makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(e)
is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(f)
is appointed on a full‑time basis and engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or
(g)
is appointed on a part‑time basis and engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office; or
(h)
fails, without reasonable excuse, to comply with section 95A‑8.

Section 95A‑11 (heading)

Omit “Delegations”, substitute “Delegation”.

Subparagraphs 95A‑12(2)(b)(ii) and (iii)

Repeal the subparagraphs, substitute:
(ii)
the processes mentioned in subparagraphs 95A‑1(2)(d)(i) and (ii); and

Paragraph 95A‑12(2)(k)

Omit “Complaints Principles”, substitute “Commissioner Principles”.

At the end of Chapter 6

Add:

Part 6.7—Aged Care Pricing Commissioner

Division 95B—Aged Care Pricing Commissioner

95B‑1Aged Care Pricing Commissioner

(1)
There is to be an *Aged Care Pricing Commissioner.
(2)
The functions of the *Aged Care Pricing Commissioner are as follows:
(a)
to approve extra service fees in accordance with Division 35;
(b)
in accordance with section 52G‑4, to approve accommodation payments that are higher than the maximum amount of accommodation payment determined by the Minister under section 52G‑3;
(c)
such other functions that are conferred on the Aged Care Pricing Commissioner by this Act;
(d)
the functions that are conferred on the Aged Care Pricing Commissioner by any other law of the Commonwealth;
(e)
the functions that are specified by the Minister by legislative instrument.

95B‑2Appointment

(1)
The *Aged Care Pricing Commissioner is to be appointed by the Minister by written instrument.
(2)
The *Aged Care Pricing Commissioner may be appointed on a full‑time basis or on a part‑time basis.
(3)
The *Aged Care Pricing Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

95B‑3Acting appointments

The Minister may appoint a person to act as the *Aged Care Pricing Commissioner:
(a)
during a vacancy in the office of the Aged Care Pricing Commissioner (whether or not an appointment has previously been made to the office); or
(b)
during any period, or during all periods, when the Aged Care Pricing Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

95B‑4Remuneration

(1)
The *Aged Care Pricing Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Aged Care Pricing Commissioner is to be paid the remuneration that is prescribed by the Commissioner Principles.
(2)
The *Aged Care Pricing Commissioner is to be paid the allowances that are prescribed by the Commissioner Principles.
(3)
This section has effect subject to the Remuneration Tribunal Act 1973.

95B‑5Leave of absence

Full‑time Commissioner
(1)
If the *Aged Care Pricing Commissioner is appointed on a full‑time basis:
(a)
he or she has the recreation leave entitlements that are determined by the Remuneration Tribunal; and
(b)
the Minister may grant the Aged Care Pricing Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

Part‑time Commissioner
(2)
If the *Aged Care Pricing Commissioner is appointed on a part‑time basis, the Minister may grant leave of absence to the Aged Care Pricing Commissioner on the terms and conditions that the Minister determines.

95B‑6Other terms and conditions

The *Aged Care Pricing Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

95B‑7Restrictions on outside employment

Full‑time Commissioner
(1)
If the *Aged Care Pricing Commissioner is appointed on a full‑time basis, he or she must not engage in paid employment outside the duties of the Aged Care Pricing Commissioner’s office without the Minister’s approval.
Part‑time Commissioner
(2)
If the *Aged Care Pricing Commissioner is appointed on a part‑time basis, he or she must not engage in any paid employment that conflicts or could conflict with the proper performance of his or her duties.

95B‑8Disclosure of interests

The *Aged Care Pricing Commissioner must give written notice to the Minister of all interests, pecuniary or otherwise, that the Commissioner has or acquires that could conflict with the proper performance of the Commissioner’s functions.

95B‑9Resignation

(1)
The *Aged Care Pricing Commissioner may resign his or her appointment by giving the Minister a written resignation.
(2)
The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

95B‑10Termination of appointment

(1)
The Minister may terminate the appointment of the *Aged Care Pricing Commissioner:
(a)
for misbehaviour; or
(b)
if the Aged Care Pricing Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity.
(2)
The Minister must terminate the appointment of the *Aged Care Pricing Commissioner if the Aged Care Pricing Commissioner:
(a)
becomes bankrupt; or
(b)
applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c)
compounds with his or her creditors; or
(d)
makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(e)
is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(f)
is appointed on a full‑time basis and engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or
(g)
is appointed on a part‑time basis and engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office; or
(h)
fails, without reasonable excuse, to comply with section 95B‑8.

95B‑11Delegation of Aged Care Pricing Commissioner’s functions

(1)
The *Aged Care Pricing Commissioner may delegate in writing all or any of his or her functions to an APS employee in the Department.
(2)
In exercising his or her power under subsection (1), the *Aged Care Pricing Commissioner is to have regard to the function to be performed by the delegate and the responsibilities of the APS employee to whom the function is delegated.
(3)
In performing functions delegated under subsection (1), the delegate must comply with any directions of the *Aged Care Pricing Commissioner.

95B‑12Annual report

(1)
The *Aged Care Pricing Commissioner must, as soon as practicable after the end of each financial year, prepare and give to the Minister, for presentation to the Parliament, a report on the Aged Care Pricing Commissioner’s operations during that year.
Note: See also section 34C of the Acts Interpretation Act 1901, which contains extra rules about annual reports.
(2)
The *Aged Care Pricing Commissioner must include in the report:
(a)
the number of applications that were made to the Aged Care Pricing Commissioner during the financial year for approval to charge an accommodation payment that is higher than the maximum amount of accommodation payment determined by the Minister under section 52G‑3; and
(b)
the number of such applications that were approved, rejected or withdrawn during the financial year; and
(c)
the number of applications that were made to the Aged Care Pricing Commissioner during the financial year for approval to charge an extra service fee; and
(d)
any other information required by the Commissioner Principles to be included in the report.

Section 96‑1 (table item 2)

Repeal the item.

Section 96‑1 (after table item 9)

Insert:

Commissioner Principles

Divisions 95A and 95B

16A

Section 96‑1 (after table item 14)

Insert:

14A

Fees and Payments Principles

Parts 3A.1, 3A.2 and 3A.3

Section 96‑1 (after table item 17)

Insert:

17A

Quality Agency Reporting Principles

Part 4.4

Section 96‑2 (heading)

Omit “Delegations”, substitute “Delegation”.

Subsection 96‑2(6)

Repeal the subsection, substitute:
(6)
The Secretary may, in writing, delegate to the *CEO of the Quality Agency the functions of the Secretary that the Secretary considers necessary for the CEO to perform the CEO’s functions under the Australian Aged Care Quality Agency Act 2013.
20
Clause 1 of Schedule 1 (definition of accreditation body)
Repeal the definition.
21
Clause 1 of Schedule 1 (definition of accreditation grant)
Repeal the definition.

Clause 1 of Schedule 1

Insert:
Aged Care Pricing Commissioner means the Aged Care Pricing Commissioner holding office under Part 6.7.

Clause 1 of Schedule 1

Insert:
CEO of the Quality Agency means the Chief Executive Officer of the Australian Aged Care Quality Agency appointed under the Australian Aged Care Quality Agency Act 2013.

Part 2Transitional and savings provisions

Definitions

In this Part:
accreditation body has the same meaning as in the old law.
CEO of the Quality Agency has the same meaning as in the new law.
first commencement time means the time when item 5 of this Schedule commences.
new law means the Aged Care Act 1997 as in force immediately after the second commencement time.
old law means the Aged Care Act 1997 as in force immediately before the second commencement time.
second commencement time means the time when item 1 of this Schedule commences.

Accreditation requirement

An accreditation of a residential care service by an accreditation body that was in force immediately before the second commencement time is taken, after the second commencement time, to have been an accreditation by the CEO of the Quality Agency.
26
Determining maximum amounts of accommodation payment
(1) After the first commencement time, the Minister may, by legislative instrument, determine the maximum amount of accommodation payment that an approved provider may charge a person.

(2) The determination may set out:

(a)
the maximum daily accommodation payment amount and a method for working out refundable accommodation deposit amounts; or
(b)
methods for working out both:
(i)
the maximum daily accommodation payment amount; and
(ii)
refundable accommodation deposit amounts.
(3) An approved provider may apply to the Aged Care Pricing Commissioner for approval to charge an accommodation payment that is higher than the maximum amount of accommodation payment determined by the Minister under subitem (1).
(4) The Aged Care Pricing Commissioner may approve the application.
(5) A decision by the Aged Care Pricing Commissioner not to approve the application is taken to be a reviewable decision within the meaning of section 85‑1 of the Aged Care Act 1997.
(6) A power exercised under this item must be exercised in accordance with the Aged Care Act 1997 as if it were amended by Schedule 3 to this Act.

Schedule 3Amendments commencing on 1 July 2014Part 1Amendments

Aged Care Act 1997

At the end of Division 1

Add:

1‑5Application to continuing care recipients

Chapters 3 and 3A of this Act do not apply in relation to a *continuing care recipient.
Note: Subsidies, fees and payments for continuing care recipients are dealt with in the Aged Care (Transitional Provisions) Act 1997.

Section 3‑1

Before “This Act”, insert “(1)”.

Paragraph 3‑1(a)

Omit “subsidies”, substitute “*subsidies”.

At the end of section 3‑1

Add:
(2)
*Subsidies are also paid under Chapter 3 of the Aged Care (Transitional Provisions) Act 1997.

Section 3‑2

Omit “subsidy to a provider of *aged care under Chapter 3”, substitute “*subsidy to a provider of *aged care”.

Section 3‑3 (heading)

Omit “(Chapter 3)”.

Section 3‑3

Omit “subsidy can be paid under Chapter 3”, substitute “*subsidy can be paid”.

After section 3‑3

Insert:

3‑3AFees and payments

Care recipients may be required to pay for, or contribute to, the costs of their care and accommodation. Fees and payments are dealt with in Chapter 3A of this Act, and in Divisions 57, 57A, 58 and 60 of the Aged Care (Transitional Provisions) Act 1997.

Section 3‑4

Omit “subsidy”, substitute “*subsidy”.

Section 5‑1

Omit “subsidy under Chapter 3”, substitute “*subsidy”.

Section 5‑1

After “Part 2.6 (enabling”, insert “*accommodation payments, *accommodation contributions,”.

Section 5‑1 (note)

Omit “subsidy under Chapter 3”, substitute “subsidy”.

Section 5‑2

After “Chapter 3”, insert “of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997”.

Section 6‑1

Omit “subsidy under Chapter 3”, substitute “*subsidy”.

Section 7‑1

Omit “subsidy cannot be made under Chapter 3”, substitute “*subsidy cannot be made”.

Subsections 7‑2(1) and (2)

Omit “subsidy can only be paid under Chapter 3”, substitute “*subsidy can only be paid”.

Section 9‑3 (heading)

Omit “under this Act”.

Subsection 9‑3(1)

After “this Act”, insert “or the Aged Care (Transitional Provisions) Act 1997”.

Section 9‑3A (heading)

After “relating to”, insert “refundable deposits,”.

Paragraph 9‑3A(1)(a)

Before “*accommodation bonds”, insert “*refundable deposits or”.

Paragraph 9‑3A(1)(b)

After “more”, insert “*refundable deposit balances or”.

Paragraph 9‑3A(1)(c)

After “total of the”, insert “refundable deposit balances and”.

Section 9‑3B (heading)

Omit “accommodation bond”.

Paragraph 9‑3B(1)(a)

Omit “an *accommodation bond balance as required by section 57‑21”, substitute “a *refundable deposit balance or an *accommodation bond balance”.

Paragraph 9‑3B(1)(c)

After “used”, insert “a *refundable deposit or”.

Paragraph 9‑3B(2)(c)

After “more”, insert “*refundable deposit balances or”.

Paragraph 9‑3B(2)(d)

After “how”, insert “*refundable deposits or”.

Paragraphs 9‑3B(2)(e) and (f)

After “use of”, insert “refundable deposits and”.

Section 11‑1

Omit “subsidy under Chapter 3”, substitute “*subsidy”.

Section 11‑4

Omit “subsidy under Chapter 3”, substitute “*subsidy”.

Subsection 12‑1(1)

Omit “subsidy under Chapter 3”, substitute “*subsidy”.

Subsection 12‑3(1)

Omit “subsidy under Chapter 3”, substitute “*subsidy”.

Subsections 12‑4(1) and (3)

Omit “subsidy”, substitute “*subsidy”.

Subsection 12‑5(1)

Repeal the subsection, substitute:
(1)
The Secretary may, in respect of each type of *subsidy, determine for the *places *available for allocation the proportion of care that must be provided to people of kinds specified in the Allocation Principles.

Subsections 12‑6(1) and (2)

Omit “subsidy”, substitute “*subsidy”.

Subsection 13‑2(2)

Omit “subsidy under Chapter 3”, substitute “*subsidy”.

Paragraph 13‑2(3)(b)

Omit “subsidy”, substitute “*subsidy”.

Paragraph 13‑2(3)(e)

Repeal the paragraph, substitute:
(e)
the proportion of care (if any), in respect of the places available for allocation, that must be provided to people of kinds specified in the Allocation Principles.

Subsection 14‑1(1)

Omit “subsidy under Chapter 3”, substitute “*subsidy”.

Paragraph 14‑3(a)

Omit “subsidy under Chapter 3”, substitute “*subsidy”.

Subsection 14‑5(5)

Repeal the subsection, substitute:
Lump sums paid by continuing care recipients
(5)
If:
(a)
a condition imposed on an allocation of *places to a person requires:
(i)
the refund by the person to a *continuing care recipient, with the consent of the continuing care recipient, of a *pre‑allocation lump sum or part of such a sum; or
(ii)
the forgiveness by the person of an obligation (including a contingent obligation) by a continuing care recipient, with the consent of the continuing care recipient, in relation to a pre‑allocation lump sum or part of such a sum; and
(b)
the continuing care recipient continues, on the day on which the allocation was made, to be provided with *aged care through the residential care service in relation to entry to which the pre‑allocation lump sum was paid or became payable;
then the continuing care recipient and the pre‑allocation lump sum holder have the same rights, duties and obligations in relation to the charging of an *accommodation bond or an *accommodation charge as the continuing care recipient and the pre‑allocation lump sum holder would have under this Act and the Aged Care (Transitional Provisions) Act 1997 if:
(c)
the continuing care recipient had *entered the residential care service or flexible care service on the day on which the allocation was made; and
(d)
the pre‑allocation lump sum were an accommodation bond paid in respect of aged care provided through another residential care service or flexible care service.
Lump sums paid by care recipients other than continuing care recipients
(5A)
If:
(a)
a condition imposed on an allocation of *places to a person requires:
(i)
the refund by the person to a care recipient (the non‑continuing care recipient) who is not a *continuing care recipient, with the consent of the non‑continuing care recipient, of a *pre‑allocation lump sum or part of such a sum; or
(ii)
the forgiveness by the person of an obligation (including a contingent obligation) by a non‑continuing care recipient, with the consent of the non‑continuing care recipient, in relation to a pre‑allocation lump sum or part of such a sum; and
(b)
the non‑continuing care recipient continues, on the day on which the allocation was made, to be provided with *aged care through the residential care service in relation to entry to which the pre‑allocation lump sum was paid or became payable;
then the non‑continuing care recipient and the pre‑allocation lump sum holder have the same rights, duties and obligations in relation to the charging of a *refundable deposit as the non‑continuing care recipient and the pre‑allocation lump sum holder would have under this Act if:
(c)
the non‑continuing care recipient had *entered the residential care service or flexible care service on the day on which the allocation was made; and
(d)
the pre‑allocation lump sum were a refundable deposit paid in respect of aged care provided through another residential care service or flexible care service.

Paragraph 14‑5(6)(c)

After “not”, insert “a *refundable deposit,”.

Paragraph 14‑8(2)(b)

Omit “subsidy under Chapter 3”, substitute “*subsidy”.

Subsection 15‑1(1)

Omit “subsidy under Chapter 3”, substitute “*subsidy”.

Subsection 15‑1(2) (note)

Omit “Subsidy”, substitute “*Subsidy”.

Paragraph 16‑6(e)

Repeal the paragraph, substitute:
(e)
the proportion of care (if any), in respect of the places to be transferred, that must be provided to people of kinds specified in the Allocation Principles.

Paragraph 16‑10(2)(d)

Omit “(including, where applicable, retention amounts relating to *accommodation bonds)”.

Paragraph 16‑10(2)(g)

After “requirements for”, insert “*refundable deposits and”.

Paragraph 16‑11(a)

Omit “subsidy under Chapter 3”, substitute “*subsidy”.

Paragraph 16‑11(b)

Omit “an”, substitute “a *refundable deposit balance or”.

Paragraph 16‑18(e)

Repeal the paragraph, substitute:
(e)
the proportion of care (if any), in respect of the places to be transferred, that must be provided to people of kinds specified in the Allocation Principles;

Subparagraph 18‑2(2)(f)(ii)

Repeal the subparagraph, substitute:
(ii)
*entry contribution balance; or
(iii)
*refundable deposit balance;

Subsections 20‑1(1) to (3)

Omit “Subsidy cannot be paid under Chapter 3”, substitute “*Subsidy cannot be paid”.

Paragraph 20‑1(3)(b)

Omit “Flexible Care”.

Section 20‑2

After “Chapter 3”, insert “of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997”.

Paragraph 23‑1(b)

Before “the approval”, insert “in the case of flexible care—”.

Section 23‑3

Repeal the section, substitute:

23‑3Circumstances in which approval for flexible care lapses

Care not received within a certain time
(1)
A person’s approval as a recipient of flexible care lapses if the person is not provided with the care within:
(a)
the entry period specified in the Approval of Care Recipients Principles; or
(b)
if no such period is specified—the period of 12 months starting on the day after the approval was given.
(2)
Subsection (1) does not apply if the care is specified for the purposes of this subsection in the Approval of Care Recipients Principles.
Person ceases to be provided with care in respect of which approved
(3)
A person’s approval as a recipient of flexible care lapses if the person ceases, in the circumstances specified in the Approval of Care Recipients Principles, to be provided with the care in respect of which he or she is approved.

Section 30‑1

Omit “, but a lower amount of *residential care subsidy is payable”.

Section 30‑1 (notes 1 to 4)

Repeal the notes.

Paragraph 30‑3(1)(b)

Repeal the paragraph.

Subsection 30‑3(1) (at the end of the example)

Add “An individual resident’s room might also constitute a “distinct part” of the service.”.

Subsection 30‑3(1) (note)

Repeal the note.

Paragraph 32‑4(1)(a)

Omit “who:”, substitute “who are included in a class of people specified in the Extra Service Principles;”.

Subparagraphs 32‑4(1)(a)(i) and (ii)

Repeal the subparagraphs.

Subsection 32‑9(1)

Omit the second sentence.

Subsection 35‑1(1)

Omit “Secretary”, substitute “*Aged Care Pricing Commissioner”.

Subsection 35‑1(2)

Omit “The Secretary”, substitute “The *Aged Care Pricing Commissioner”.

Paragraphs 35‑1(2)(c) and (d)

Omit “Secretary”, substitute “Aged Care Pricing Commissioner”.

Subsection 35‑2(1)

Omit “Secretary”, substitute “*Aged Care Pricing Commissioner”.

Subsections 35‑3(1) to (4)

Omit “Secretary”, substitute “*Aged Care Pricing Commissioner”.

Section 35‑4 (heading)

Omit “Secretary’s”.

Section 35‑4

Omit “The Secretary”, substitute “The *Aged Care Pricing Commissioner”.

Section 35‑4

Omit “Secretary’s”, substitute “Aged Care Pricing Commissioner’s”.

Section 35‑4

Omit the second sentence.

Section 36‑4 (note)

Omit “56‑1(f)”, substitute “56‑1(g)”.

Section 37‑1

Repeal the section, substitute:

37‑1What this Part is about

This Part describes how a residential care service is certified and the circumstances in which certification ceases to have effect.

Paragraph 38‑6(2)(d)

Repeal the paragraph, substitute:
(d)
the consequences of failure by the approved provider to comply with the approved provider’s responsibilities under Part 4.1, 4.2 or 4.3, in particular, that such a failure may lead to the revocation or suspension under Part 4.4 of the certification of the residential care service; and

Section 40‑1

Omit “pays subsidies”, substitute “pays *subsidies under this Chapter”.

Section 41‑2 (heading)

Omit “Residential Care”.

Section 41‑2

Omit “Residential Care Subsidy Principles. The provisions”, substitute “Subsidy Principles. Provisions”.

Section 41‑2 (note)

Omit “Residential Care”.

Paragraph 41‑3(1)(b)

Omit “Residential Care”.

Paragraph 41‑3(2)(d)

Omit “Residential Care”.

Paragraph 42‑1(2)(c)

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

Subsection 42‑1(4)

Repeal the subsection (not including the note).

Paragraph 42‑2(3A)(b)

Omit “Residential Care”.

Subsection 42‑3(3)

After “on leave”, insert “(the pre‑entry leave)”.

Paragraph 42‑3(3)(b)

Omit “Residential Care”.

Subsection 42‑5(1)

Omit “Residential Care”.

Paragraph 42‑5(3)(d)

Omit “Residential Care”.

Subsection 43‑1(3)

Omit “Residential Care”.

Paragraph 43‑2(b)

Omit “Residential Care”.

Subsection 43‑3(4)

Omit “Residential Care”.

Subsection 43‑6(3)

Omit “Residential Care” (wherever occurring).
95
Subsection 43‑6(5) (paragraph (g) of the definition of capital payment)
Repeal the paragraph, substitute:
(b)
a payment of a kind specified in the Subsidy Principles.

Subsection 43‑8(1)

Omit all the words after “care service”, substitute “if conditions specified in the Subsidy Principles, to which the allocation of the *places included in the service are subject under section 14‑5 or 14‑6, have not been met”.

Subsections 43‑8(2) and (4)

Omit “Residential Care”.
98
Subsection 44‑2(2) (Residential care subsidy calculator, step 4)
Repeal the step.
99
Subsection 44‑2(2) (Residential care subsidy calculator, step 5)
Renumber as step 4.

100

Paragraph 44‑3(3)(aa)

Repeal the paragraph.

101

Paragraphs 44‑3(3)(c) and (d)

Repeal the paragraphs.

102

Paragraph 44‑3(3)(e)

Omit “Residential Care”.

103

Sections 44‑5 to 44‑16

Repeal the sections, substitute:

44‑5Primary supplements

(1)
The primary supplements for the care recipient are such of the following primary supplements as apply to the care recipient in respect of the *payment period:
(a)
the following primary supplements as set out in the Subsidy Principles:
(i)
the respite supplement;
(ii)
the oxygen supplement;
(iii)
the enteral feeding supplement;
(iv)
the dementia and severe behaviours supplement;
(v)
the veterans’ supplement;
(vi)
the workforce supplement;
(b)
any other primary supplement set out in the Subsidy Principles for the purposes of this paragraph.
(2)
The Subsidy Principles may specify, in respect of each primary supplement, the circumstances in which the supplement will apply to a care recipient in respect of a *payment period.
(3)
The Minister may determine by legislative instrument, in respect of each such supplement, the amount of the supplement, or the way in which the amount of the supplement is to be worked out.

104

Paragraphs 44‑17(a) to (c)

Repeal the paragraphs, substitute:
(a)
the adjusted subsidy reduction (see section 44‑19);
(b)
the compensation payment reduction (see sections 44‑20 and 44‑20A);
(c)
the care subsidy reduction (see sections 44‑21 and 44‑23).

105

Section 44‑18

Repeal the section.

106

Subsections 44‑20(5) and (6)

Omit “Residential Care”.

107

Subsection 44‑20(8)

Omit “an *accommodation bond”, substitute “a *refundable deposit”.

108

Subsection 44‑20(8)

Omit “Residential Care”.

109

Subdivision 44‑E (heading)

Repeal the heading.

110

Sections 44‑21 to 44‑23

Repeal the sections, substitute:

44‑20ASecretary’s powers if compensation information is not given

(1)
This section applies if:
(a)
the Secretary believes on reasonable grounds that a care recipient is entitled to compensation under a judgement, settlement or reimbursement arrangement; and
(b)
the Secretary does not have sufficient information to apply section 44‑20 in relation to the compensation.
(2)
The Secretary may, by notice in writing given to a person, require the person to give information or produce a document that is in the person’s custody, or under the person’s control, if the Secretary believes on reasonable grounds that the information or document may be relevant to the application of section 44‑20 in relation to the compensation.
(3)
The notice must specify:
(a)
how the person is to give the information or produce the document; and
(b)
the period within which the person is to give the information or produce the document; and
(c)
the effect of subsection (4).
Note: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to notice given under this section.
(4)
If the information or document is not given or produced within the specified period, the Secretary may determine compensation payment reductions for the care recipient.
Note: Decisions to determine compensation payment reductions under this section are reviewable under Part 6.1.
(5)
The compensation payment reductions must be determined in accordance with the Subsidy Principles.

44‑21The care subsidy reduction

(1)
The care subsidy reduction for the care recipient in respect of the *payment period is the sum of all the care subsidy reductions for days during the period on which the care recipient is provided with residential care through the residential care service in question.
(2)
Subject to this section and section 44‑23, the care subsidy reduction for a particular day is worked out as follows:
Care subsidy reduction calculator

Step 1. Work out the means tested amount for the care recipient (see section 44‑22).
Step 2. Subtract the maximum accommodation supplement amount for the day (see subsection (6)) from the means tested amount.
Step 3. If the amount worked out under step 2 does not exceed zero, the care subsidy reduction is zero.
Step 4. If the amount worked out under step 2 exceeds zero but not the sum of the following, the care subsidy reduction is the amount worked out under step 2:
(a)
the basic subsidy amount for the care recipient;
(b)
all primary supplement amounts for the care recipient.
Step 5. If the amount worked out under step 2 exceeds the sum of the following, the care subsidy reduction is that sum:
(a)
the basic subsidy amount for the care recipient;
(b)
all primary supplement amounts for the care recipient.

(3)
If the care recipient has not provided sufficient information about the care recipient’s income and assets for the care recipient’s means tested amount to be determined, the care subsidy reduction is the sum of the basic subsidy and primary supplement amounts for the care recipient.
(4)
If, apart from this subsection, the sum of all the *combined care subsidy reductions made for the care recipient during a *start‑date year for the care recipient would exceed the annual cap applying at the time for the care recipient, the care subsidy reduction for the remainder of the start‑date year is zero.
(5)
If, apart from this subsection, the sum of all the previous *combined care subsidy reductions made for the care recipient would exceed the lifetime cap applying at the time, the care subsidy reduction for the remainder of the care recipient’s life is zero.
(6)
The maximum accommodation supplement amount for a day is the highest of the amounts determined by the Minister by legislative instrument as the amounts of accommodation supplement payable for residential care services for that day.
(7)
The annual cap, for the care recipient, is the amount determined by the Minister by legislative instrument for the class of care recipients of which the care recipient is a member.
(8)
The lifetime cap is the amount determined by the Minister by legislative instrument.

44‑22Working out the means tested amount

(1)
The means tested amount for the care recipient is worked out as follows:
Means tested amount calculator
Work out the income tested amount using steps 1 to 4:
Step 1. Work out the care recipient’s *total assessable income on a yearly basis using section 44‑24.
Step 2. Work out the care recipient’s *total assessable income free area using section 44‑26.
Step 3. If the care recipient’s total assessable income does not exceed the care recipient’s total assessable income free area, the income tested amount is zero.
Step 4. If the care recipient’s *total assessable income exceeds the care recipient’s total assessable income free area, the income tested amount is 50% of that excess divided by 364.
Work out the per day asset tested amount using steps 5 to 10:
Step 5. Work out the value of the care recipient’s assets using section 44‑26A.
Step 6. If the value of the care recipient’s assets does not exceed the asset free area, the asset tested amount is zero.
Step 7. If the value of the care recipient’s assets exceeds the asset free area but not the first asset threshold, the asset tested amount is 17.5% of the excess.
Step 8. If the value of the care recipient’s assets exceeds the first asset threshold but not the second asset threshold, the asset tested amount is the sum of the following:
(a)
1% of the excess;
(b)
17.5% of the difference between the asset free area and the first asset threshold.
Step 9. If the value of the care recipient’s assets exceeds the second asset threshold, the asset tested amount is the sum of the following:
(a)
2% of the excess;
(b)
1% of the difference between the first asset threshold and the second asset threshold;
(c)
17.5% of the difference between the asset free area and the first asset threshold.
Step 10. The per day asset tested amount is the asset tested amount divided by 364.
The means tested amount is the sum of the income tested amount and the per day asset tested amount.

(2)
The asset free area is:
(a)
the amount equal to 2.25 times the *basic age pension amount; or
(b)
such other amount as is calculated in accordance with the Subsidy Principles.
(3)
The first asset threshold and the second asset threshold are the amounts determined by the Minister by legislative instrument.

44‑23Care subsidy reduction taken to be zero in some circumstances

(1)
The care subsidy reduction in respect of the care recipient is taken to be zero for each day, during the *payment period, on which one or more of the following applies:
(a)
the care recipient was provided with *respite care;
(b)
a determination was in force under subsection (2) in relation to the care recipient;
(c)
the care recipient was included in a class of people specified in the Subsidy Principles.
(2)
The Secretary may, in accordance with the Subsidy Principles, determine that the care subsidy reduction in respect of the care recipient is to be taken to be zero.
Note: Refusals to make determinations are reviewable under Part 6.1.
(3)
The determination ceases to be in force at the end of the period (if any) specified in the determination.
Note: Decisions specifying periods are reviewable under Part 6.1.
(4)
In deciding whether to make a determination, the Secretary must have regard to the matters specified in the Subsidy Principles.
(5)
Application may be made to the Secretary, in the form approved by the Secretary, for a determination under subsection (2) in respect of a care recipient. The application may be made by:
(a)
the care recipient; or
(b)
an approved provider that is providing, or is to provide, residential care to the care recipient.
(6)
The Secretary must notify the care recipient and the approved provider, in writing, of the Secretary’s decision on whether to make the determination. The notice must be given:
(a)
if an application for a determination was made under subsection (5)—within 28 days after the application was made, or, if the Secretary requested further information in relation to the application, within 28 days after receiving the information; or
(b)
if such an application was not made—within 28 days after the decision is made.
(7)
A determination under subsection (2) is not a legislative instrument.

111

Subsection 44‑24(5)

Omit “Residential Care”.

112

Subparagraphs 44‑24(6)(c)(ii) and (7)(b)(ii)

Omit “Residential Care”.

113

Subsection 44‑24(11)

Omit “Residential Care”.

114

Subsection 44‑26(1) (heading)

Repeal the heading.

115

Subsection 44‑26(1)

Omit “(1)”.

116

Subsection 44‑26(1)

Omit “(other than a *protected resident or a *phased resident)”.

117

Subsections 44‑26(2) to (6)

Repeal the subsections.

118

At the end of Subdivision 44‑E

Add:

44‑26AThe value of a person’s assets

(1)
Subject to this section, the value of a person’s assets for the purposes of section 44‑22 is to be worked out in accordance with the Subsidy Principles.
(2)
If a person who is receiving an *income support supplement or a *service pension has an income stream (within the meaning of the Veterans’ Entitlements Act 1986) that was purchased on or after 20 September 2007, the value of the person’s assets:
(a)
is taken to include the amount that the Secretary determines to be the value of that income stream that would be included in the value of the person’s assets if Subdivision A of Division 11 of Part IIIB of the Veterans’ Entitlements Act 1986 applied for the purposes of this Act; and
(b)
is taken to exclude the amount that the Secretary determines to be the value of that income stream that would not be included in the value of the person’s assets if Subdivision A of Division 11 of Part IIIB of the Veterans’ Entitlements Act 1986 applied for the purposes of this Act.
(3)
If a person who is not receiving an *income support supplement or a *service pension has an income stream (within the meaning of the Social Security Act 1991) that was purchased on or after 20 September 2007, the value of the person’s assets:
(a)
is taken to include the amount that the Secretary determines to be the value of that income stream that would be included in the value of the person’s assets if Division 1 of Part 3.12 of the Social Security Act 1991 applied for the purposes of this Act; and
(b)
is taken to exclude the amount that the Secretary determines to be the value of that income stream that would not be included in the value of the person’s assets if Division 1 of Part 3.12 of the Social Security Act 1991 applied for the purposes of this Act.
(4)
The value of a person’s assets is taken to include the amount that the Secretary determines to be the amount:
(a)
if the person is receiving an *income support supplement or a *service pension—that would be included in the value of the person’s assets if Subdivisions B and BB of Division 11 and Subdivision H of Division 11A of Part IIIB of the Veterans’ Entitlements Act 1986 applied for the purposes of this Act; and
(b)
otherwise—that would be included in the value of the person’s assets if Division 2 of Part 3.12 and Division 8 of Part 3.18 of the Social Security Act 1991 applied for the purposes of this Act.
Note 1: Subdivisions B and BB of Division 11 of Part IIIB of the Veterans’ Entitlements Act 1986, and Division 2 of Part 3.12 of the Social Security Act 1991, deal with disposal of assets.
Note 2: Subdivision H of Division 11A of Part IIIB of the Veterans’ Entitlements Act 1986, and Division 8 of Part 3.18 of the Social Security Act 1991, deal with the attribution to individuals of assets of private companies and private trusts.
(5)
If a person has paid a *refundable deposit, the value of the person’s assets is taken to include the amount of the *refundable deposit balance.
(6)
In working out the value at a particular time of the assets of a person who is or was a *homeowner, disregard the value of a home that, at the time, was occupied by:
(a)
the *partner or a *dependent child of the person; or
(b)
a carer of the person who:
(i)
had occupied the home for the past 2 years; and
(ii)
was eligible to receive an *income support payment at the time; or
(c)
a *close relation of the person who:
(i)
had occupied the home for the past 5 years; and
(ii)
was eligible to receive an *income support payment at the time.
(7)
In working out the value at a particular time of the assets of a person who is or was a *homeowner, disregard the value of a home to the extent that it exceeded the *maximum home value in force at that time.
(8)
The value of the assets of a person who is a *member of a couple is taken to be 50% of the sum of:
(a)
the value of the person’s assets; and
(b)
the value of the assets of the person’s *partner.
(9)
A reference to the value of the assets of a person is, in relation to an asset owned by the person jointly or in common with one or more other people, a reference to the value of the person’s interest in the asset.
(10)
A determination under paragraph (2)(a), (2)(b), (3)(a) or (3)(b) or subsection (4) is not a legislative instrument.

44‑26BDefinitions relating to the value of a person’s assets

(1)
In section 44‑26A, and in this section:
child: without limiting who is a child of a person for the purposes of this section and section 44‑26A, each of the following is the child of a person:
(a)
a stepchild or an adopted child of the person;
(b)
someone who would be the stepchild of the person except that the person is not legally married to the person’s partner;
(c)
someone who is a child of the person within the meaning of the Family Law Act 1975;
(d)
someone included in a class of persons specified for the purposes of this paragraph in the Subsidy Principles.
close relation, in relation to a person, means:
(a)
a parent of the person; or
(b)
a sister, brother, child or grandchild of the person; or
(c)
a person included in a class of persons specified in the Subsidy Principles.
Note: See also subsection (5).
dependent child has the meaning given by subsection (2).
homeowner has the meaning given by the Subsidy Principles.
maximum home value means the amount determined by the Minister by legislative instrument.
member of a couple means:
(a)
a person who is legally married to another person, and is not living separately and apart from the person on a permanent basis; or
(b)
a person whose relationship with another person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section, and who is not living separately and apart from the other person on a permanent basis; or
(c)
a person who lives with another person (whether of the same sex or a different sex) in a de facto relationship, although not legally married to the other person.
parent: without limiting who is a parent of a person for the purposes of this section and section 44‑26A, someone is the parent of a person if the person is his or her child because of the definition of child in this section.
partner, in relation to a person, means the other *member of a couple of which the person is also a member.
(2)
A young person (see subsection (3)) is a dependent child of a person (the adult) if:
(a)
the adult:
(i)
is legally responsible (whether alone or jointly with another person) for the day‑to‑day care, welfare and development of the young person; or
(ii)
is under a legal obligation to provide financial support in respect of the young person; and
(b)
in a subparagraph (a)(ii) case—the adult is not included in a class of people specified for the purposes of this paragraph in the Subsidy Principles; and
(c)
the young person is not:
(i)
in full‑time employment; or
(ii)
in receipt of a social security pension (within the meaning of the Social Security Act 1991) or a social security benefit (within the meaning of that Act); or
(iii)
included in a class of people specified in the Subsidy Principles.
(3)
A reference in subsection (2) to a young person is a reference to any of the following:
(a)
a person under 16 years of age;
(b)
a person who:
(i)
has reached 16 years of age, but is under 25 years of age; and
(ii)
is receiving full‑time education at a school, college or university;
(c)
a person included in a class of people specified in the Subsidy Principles.
(4)
The reference in paragraph (2)(a) to care does not have the meaning given in the Dictionary in Schedule 1.
(5)
For the purposes of paragraph (b) of the definition of close relation in subsection (1), if one person is the child of another person because of the definition of child in this section, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.

44‑26CDetermination of value of person’s assets

Making determinations
(1)
The Secretary must determine the value, at the time specified in the determination, of a person’s assets in accordance with section 44‑26A, if the person:
(a)
applies in the approved form for the determination; and
(b)
gives the Secretary sufficient information to make the determination.
The time specified must be at or before the determination is made.
Note 1: Determinations are reviewable under Part 6.1.
Note 2: An application can be made under this section for the purposes of section 52J‑5: see subsection 52J‑5(3).
Giving notice of the determination
(2)
Within 14 days after making the determination, the Secretary must give the person a copy of the determination.
When the determination is in force
(3)
The determination is in force for the period specified in, or worked out under, the determination.
(4)
However, the Secretary may by written instrument revoke the determination if he or she is satisfied that it is incorrect. The determination ceases to be in force on a day specified in the instrument (which may be before the instrument is made).
Note: Revocations of determinations are reviewable under Part 6.1.
(5)
Within 14 days after revoking the determination, the Secretary must give written notice of the revocation and the day the determination ceases being in force to:

Paragraph 44‑14(1)(c)

Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.

Subsection 44‑14(3)

Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.

Subsections 44‑16(1) and (2)

Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.

Paragraph 44‑18(1)(b)

After “Division 31”, insert “of the Aged Care Act 1997”.

Paragraph 44‑18(1)(b)

After “paragraph 32‑8(3)(b)”, insert “of the Aged Care Act 1997”.

At the end of subsection 44‑18(2)

Add “of the Aged Care Act 1997”.

Subsections 44‑20(5), (6) and (8)

Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.

Paragraph 44‑22(1)(c)

Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.

Subsections 44‑22(2) and (4)

Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.

Subsection 44‑24(5)

Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.

Subparagraphs 44‑24(6)(c)(ii) and (7)(b)(ii)

Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.

Subsection 44‑24(11)

Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.

Paragraph 44‑27(e)

Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.

Subparagraphs 44‑28(2)(b)(iv) and (c)(iii)

Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.

Subsection 44‑29(2)

Omit “Residential Care Subsidy” (wherever occurring), substitute “Aged Care (Transitional Provisions)”.

Paragraph 44‑30(2)(a)

Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.

Subsection 44‑30(4)

After “Division 36”, insert “of the Aged Care Act 1997”.

Subsections 44‑31(1) and (2)

Omit “Residential Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.

Section 45‑2

Repeal the section, substitute:

45‑2Home care subsidy also dealt with in Aged Care (Transitional Provisions) Principles

*Home care subsidy is also dealt with in the Aged Care (Transitional Provisions) Principles. Provisions of this Part indicate when a particular matter is or may be dealt with in those Principles.
Note: The Aged Care (Transitional Provisions) Principles are made by the Minister under section 96‑1.

Subsection 45‑3(2)

Omit “Home Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.

100

Paragraph 46‑1(1)(a)

After “Part 2.2”, insert “of the Aged Care Act 1997”.

101

Paragraph 46‑1(1)(b)

After “Part 2.3”, insert “of the Aged Care Act 1997”.

102

Subsection 46‑1(2) (note)

Omit “Division 7 (relating to a person’s approval as a provider of *aged care services) or Division 20”, substitute “Division 7 of the Aged Care Act 1997 (relating to a person’s approval as a provider of aged care services) or Division 20 of that Act”.

103

Subsection 46‑2(3)

Omit “Home Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.

104

Paragraph 47‑2(b)

Omit “Home Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.

105

Subsection 47‑3(4)

Omit “Home Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.

106

At the end of section 47‑5

Add “of the Aged Care Act 1997”.

107

Section 49‑2

Repeal the section, substitute:

49‑2Flexible care subsidy also dealt with in Aged Care (Transitional Provisions) Principles

*Flexible care subsidy is also dealt with in the Aged Care (Transitional Provisions) Principles. Provisions of this Part indicate when a particular matter is or may be dealt with in those Principles.
Note: The Aged Care (Transitional Provisions) Principles are made by the Minister under section 96‑1.

108

Paragraph 50‑1(1)(a)

After “Part 2.2”, insert “of the Aged Care Act 1997”.

109

Subparagraph 50‑1(1)(b)(i)

After “Part 2.3”, insert “of the Aged Care Act 1997”.

110

Subparagraph 50‑1(1)(b)(ii)

Omit “Flexible Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.

111

Subparagraph 50‑1(1)(b)(ii)

After “Part 2.3”, insert “of the Aged Care Act 1997”.

112

Subparagraph 50‑1(1)(b)(iii)

Omit “Flexible Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.

113

Subsection 50‑1(2) (note)

Omit “Division 7 (relating to a person’s approval as a provider of *aged care services) or Division 20”, substitute “Division 7 of the Aged Care Act 1997 (relating to a person’s approval as a provider of aged care services) or Division 20 of that Act”.

114

Subsection 50‑2(1)

Omit “Flexible Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.

115

Subsections 51‑1(1) and (2)

Omit “Flexible Care Subsidy”, substitute “Aged Care (Transitional Provisions)”.

116

Division 53

Repeal the Division.

117

Part 4.1

Repeal the Part.

118

Divisions 55 and 56

Repeal the Divisions.

119

Division 57 (heading)

Omit “and entry contributions”.

120

Section 57‑1

Omit “The rules set out in this Division”, substitute “Rules set out in Part 3A.3 of the Aged Care Act 1997”.

121

Paragraph 57‑2(1)(c)

Omit “section 57‑3”, substitute “section 52M‑1 of the Aged Care Act 1997”.

122

Paragraph 57‑2(1)(d)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

123

Paragraph 57‑2(1)(k)

Omit “(see section 57‑17A)”, substitute “(see section 52N‑1 of the Aged Care Act 1997)”.

124

Paragraph 57‑2(1)(ka)

Omit “section 57‑3”, substitute “section 52M‑1 of the Aged Care Act 1997”.

125

Paragraph 57‑2(1)(o)

Omit “Part 4.4 from doing so (see paragraph 66‑1(j))”, substitute “Part 4.4 of the Aged Care Act 1997 from doing so (see paragraph 66‑1(j) of that Act)”.

126

Paragraph 57‑2(1)(p)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

127

Subdivision 57‑B

Repeal the Subdivision.

128

Paragraph 57‑9(1)(l)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

129

Paragraph 57‑12(1)(c)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

130

Subparagraphs 57‑12(3)(a)(ii) and (b)(ii)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

131

Section 57‑13

Omit “section 57‑21”, substitute “Division 52P of the Aged Care Act 1997”.

132

Subsections 57‑14(1) and (2)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

133

Subsection 57‑15(1)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

134

Paragraphs 57‑16(1)(a) and (2)(a)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

135

Subsections 57‑17(2) and (3)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

136

Subdivision 57‑EA

Repeal the Subdivision.

137

Subsections 57‑18(3), (4) and (5)

Omit “User Rights” (wherever occurring), substitute “Aged Care (Transitional Provisions)”.

138

Paragraph 57‑19(1)(c)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

139

Subsections 57‑20(1), (2), (4), (6) and (7)

Omit “User Rights” (wherever occurring), substitute “Aged Care (Transitional Provisions)”.

140

Subdivision 57‑G

Repeal the Subdivision.

141

Paragraph 57‑23(2)(b)

Omit “section 57‑21”, substitute “Division 52P of the Aged Care Act 1997”.

142

Subparagraph 57A‑2(1)(a)(ii)

After “section 22‑2”, insert “of the Aged Care Act 1997”.

143

Paragraph 57A‑2(1)(d)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

144

Paragraph 57A‑2(1)(m)

Omit “Part 4.4 from doing so (see paragraph 66‑1(j))”, substitute “Part 4.4 of the Aged Care Act 1997 from doing so (see paragraph 66‑1(j) of that Act)”.

145

Paragraph 57A‑2(1)(n)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

146

Subsection 57A‑2(2)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

147

Paragraph 57A‑3(1)(g)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

148

Subsection 57A‑3(2)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

149

Paragraph 57A‑6(1)(c)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

150

Subsections 57A‑9(1) and (2)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

151

Subsection 57A‑10(1)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

152

Subsection 57A‑12(2)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

153

Section 58‑1

After “paragraph 54‑1(1)(a)”, insert “of the Aged Care Act 1997”.

154

Section 58‑1

Omit “User Rights” (wherever occurring), substitute “Aged Care (Transitional Provisions)”.

155

Section 58‑2 (step 5)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

156

Paragraph 58‑5(a)

After “Division 35”, insert “of the Aged Care Act 1997”.

157

Division 59

Repeal the Division.

158

Section 60‑1

After “paragraph 54‑1(1)(a)”, insert “of the Aged Care Act 1997”.

159

Paragraph 60‑1(d)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

160

Subsections 60‑2(1) and (2)

Omit “User Rights”, substitute “Aged Care (Transitional Provisions)”.

161

Divisions 61 and 62

Repeal the Divisions.

162

Parts 4.3 and 4.4

Repeal the Parts.

163

Chapter 5

Repeal the Chapter.

164

Section 84‑1

Repeal the section, substitute:

84‑1What this Chapter is about

This Chapter deals with the reconsideration and administrative review of decisions (see Part 6.1).

165

Section 85‑1 (table items 1 to 39)

Repeal the items.

166

Section 85‑1 (table items 54 to 59)

Repeal the items, substitute:

A decision under the Aged Care (Transitional Provisions) Principles made under section 96‑1 that is specified in the Principles to be a decision reviewable under this section

the provision specified in the Principles as the provision under which the decision is made

167

Parts 6.2 to 6.7

Repeal the Parts.

168

Section 96‑1

Repeal the section, substitute:

96‑1Aged Care (Transitional Provisions) Principles

The Minister may, by legislative instrument, make Aged Care (Transitional Provisions) Principles providing for matters:
(a)
required or permitted by this Act to be provided; or
(b)
necessary or convenient to be provided in order to carry out or give effect to this Act.

169

Subsections 96‑2(5) and (6)

Repeal the subsections.

170

Section 96‑3

Repeal the section.

171

Section 96‑4 (note)

Omit “Chapter 4”, substitute “Chapter 4 of this Act and Chapter 4 of the Aged Care Act 1997”.

172

Section 96‑5 (note)

Omit “, *accommodation charge agreements, *home care agreements, *extra service agreements and *resident agreements”, substitute “and accommodation charge agreements”.

173

Sections 96‑8, 96‑9 and 96‑10

Repeal the sections.
174
Clause 1 of Schedule 1 (definition of accommodation bond)
Repeal the definition, substitute:
accommodation bond has the same meaning as in the Aged Care Act 1997.
175
Clause 1 of Schedule 1 (definition of accommodation bond balance)
Repeal the definition, substitute:
accommodation bond balance has the same meaning as in the Aged Care Act 1997.
176
Clause 1 of Schedule 1 (definition of accommodation charge)
Repeal the definition, substitute:
accommodation charge has the same meaning as in the Aged Care Act 1997.
177
Clause 1 of Schedule 1 (definition of accreditation requirement)
Repeal the definition, substitute:
accreditation requirement has the same meaning as in the Aged Care Act 1997.
178
Clause 1 of Schedule 1 (definition of advocacy grant)
Repeal the definition.
179
Clause 1 of Schedule 1 (definitions of Aged Care Commissioner and Aged Care Pricing Commissioner)
Repeal the definitions.
180
Clause 1 of Schedule 1 (definition of approved provider)
Repeal the definition, substitute:
approved provider has the same meaning as in the Aged Care Act 1997.
181
Clause 1 of Schedule 1 (definition of authorised officer)
Repeal the definition.
182
Clause 1 of Schedule 1 (definition of available for allocation)
Repeal the definition.
183
Clause 1 of Schedule 1 (definition of capital expenditure)
Repeal the definition.
184
Clause 1 of Schedule 1 (definition of capital works costs)
Repeal the definition.
185
Clause 1 of Schedule 1 (definition of certified)
Repeal the definition, substitute:
certified has the same meaning as in the Aged Care Act 1997.
186
Clause 1 of Schedule 1 (definition of classification level)
Repeal the definition, substitute:
classification level has the same meaning as in the Aged Care Act 1997.
187
Clause 1 of Schedule 1 (definition of community visitors grant)
Repeal the definition.

188

Clause 1 of Schedule 1

Insert:
continuing care recipient has the same meaning as in the Aged Care Act 1997.
189
Clause 1 of Schedule 1 (definition of corporation)
Repeal the definition.
190
Clause 1 of Schedule 1 (definition of disqualified individual)
Repeal the definition.
191
Clause 1 of Schedule 1 (definition of distinct part)
Repeal the definition, substitute:
distinct part has the same meaning as in the Aged Care Act 1997.
192
Clause 1 of Schedule 1 (definitions of entry contribution balance and expiry date)
Repeal the definitions.
193
Clause 1 of Schedule 1 (definition of extra service agreement)
Repeal the definition, substitute:
extra service agreement has the same meaning as in the Aged Care Act 1997.
194
Clause 1 of Schedule 1 (definition of extra service place)
Repeal the definition, substitute:
extra service place has the same meaning as in the Aged Care Act 1997.
195
Clause 1 of Schedule 1 (definition of extra service status)
Repeal the definition, substitute:
extra service status has the same meaning as in the Aged Care Act 1997.
196
Clause 1 of Schedule 1 (definition of formal agreement)
Repeal the definition.
197
Clause 1 of Schedule 1 (definition of high level of residential care)
Omit “Classification”, substitute “Aged Care (Transitional Provisions)”.
198
Clause 1 of Schedule 1 (definition of home care agreement)
Repeal the definition, substitute:
home care agreement has the same meaning as in the Aged Care Act 1997.
199
Clause 1 of Schedule 1 (definition of key personnel)
Repeal the definition.
200
Clause 1 of Schedule 1 (definition of lowest applicable classification level)
Repeal the definition, substitute:
lowest applicable classification level has the same meaning as in the Aged Care Act 1997.
201
Clause 1 of Schedule 1 (definition of low level of residential care)
Omit “Classification”, substitute “Aged Care (Transitional Provisions)”.
202
Clause 1 of Schedule 1 (definitions of Military Rehabilitation and Compensation Commission, monitoring powers and operator)
Repeal the definitions.
203
Clause 1 of Schedule 1 (definition of people with special needs)
Repeal the definition, substitute:
people with special needs has the same meaning as in the Aged Care Act 1997.
204
Clause 1 of Schedule 1 (definition of permitted)
Repeal the definition, substitute:
permitted has the same meaning as in the Aged Care Act 1997.
205
Clause 1 of Schedule 1 (definition of personal information)
Repeal the definition.
206
Clause 1 of Schedule 1 (definition of pre‑allocation lump sum)
Repeal the definition.
207
Clause 1 of Schedule 1 (definition of protected information)
Repeal the definition.
208
Clause 1 of Schedule 1 (definition of provisional allocation)
Repeal the definition, substitute:
provisional allocation has the same meaning as in the Aged Care Act 1997.
209
Clause 1 of Schedule 1 (definitions of provisional allocation period, provisionally allocated, recoverable amount, region and relinquish)
Repeal the definitions.
210
Clause 1 of Schedule 1 (definition of reportable assault)
Repeal the definition.
211
Clause 1 of Schedule 1 (definition of resident agreement)
Repeal the definition, substitute:
resident agreement has the same meaning as in the Aged Care Act 1997.
212
Clause 1 of Schedule 1 (definition of residential care grant)
Repeal the definition.
213
Clause 1 of Schedule 1 (definition of section 67‑5 notice time)
Repeal the definition.
214
Clause 1 of Schedule 1 (definitions of unregulated lump sum and unregulated lump sum balance)
Repeal the definitions.

Part 3Transitional and savings provisions

215

Definitions

In this Part:
first commencement time means the time when Part 1 of this Schedule commences.
second commencement time means the time when this Part commences.

216

Instruments under the Aged Care Act 1997

(1) This item applies if:

(a)
an instrument made under a provision of the Aged Care Act 1997 was in force immediately before the first commencement time; and
(b)
immediately after the second commencement time, there is a corresponding provision in the Aged Care (Transitional Provisions) Act 1997.
(2) Without limiting its effect apart from this item, the instrument is also taken, after the second commencement time, to have been made under the corresponding provision.
217
Applications, requests and other processes begun under the Aged Care Act 1997

(1) This item applies if:

(a)
a process begun (including by application or request) under a provision of the Aged Care Act 1997 before the first commencement time was not completed by that time; and
(b)
immediately after the second commencement time, there is a corresponding provision in the Aged Care (Transitional Provisions) Act 1997.
(2) Without limiting its effect apart from this item, the process is also taken, after the second commencement time, to have been begun under the corresponding provision.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Aged Care (Living Longer Living Better) Act 2013	76, 2013	28 June 2013	Sch 1, Sch 2 (items 5, 7–11, 13, 14, 16, 16A, 18, 22, 24–26) and Sch 4 (items 1–5D): 1 Aug 2013 (s 2(1) items 2, 3A, 3C, 3E, 3G, 3J, 3L, 3N, 5) Sch 2 (items 1–4, 6, 12, 15, 17, 19–21, 23): 1 Jan 2014 (s 2(1) items 3, 3B, 3D, 3F, 3H, 3K, 3M) Sch 3, Sch 4 (items 6–55) and Sch 5: 1 July 2014 (s 2(1) items 4, 6–8) Remainder: 28 June 2013 (s 2(1) item 1)
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (item 5): 5 Mar 2016 (s 2(1) item 2)	—

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Aged Care (Living Longer Living Better) Act 2013

76, 2013

28 June 2013

Sch 1, Sch 2 (items 5, 7–11, 13, 14, 16, 16A, 18, 22, 24–26) and Sch 4 (items 1–5D): 1 Aug 2013 (s 2(1) items 2, 3A, 3C, 3E, 3G, 3J, 3L, 3N, 5)

Sch 2 (items 1–4, 6, 12, 15, 17, 19–21, 23): 1 Jan 2014 (s 2(1) items 3, 3B, 3D, 3F, 3H, 3K, 3M)

Sch 3, Sch 4 (items 6–55) and Sch 5: 1 July 2014 (s 2(1) items 4, 6–8)

Remainder: 28 June 2013 (s 2(1) item 1)

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 5): 5 Mar 2016 (s 2(1) item 2)

—

Endnote 4Amendment history

Provision affected	How affected
Schedule 5
Part 1
c 1.........................................	am No 126, 2015