Aged Care Rules 2025 (Cth)
I, Sam Rae, Minister for Aged Care and Seniors, make the following rules.
Dated 23 September 2025
Sam Rae
Minister for Aged Care and Seniors
Contents
This instrument is the
Aged Care Rules 2025 .
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
The whole of this instrument | At the same time as the | 1 November 2025 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
This instrument is made under the
Aged Care Act 2024 .
This instrument provides for matters for the purposes of the Act that relate to the delivery of funded aged care services to individuals under the Commonwealth aged care system.
Chapter 2 provides for matters relating to entry to the Commonwealth aged care system.
Chapter 3 provides for matters relating to provider registration.
Chapter 4 provides for matters relating to conditions on provider registration.
Chapter 5 provides for matters relating to registered provider, responsible person and aged care worker obligations.
Chapter 6 provides for matters relating to obligations of operators of aged care digital platforms.
Chapter 7 provides for matters relating to Commonwealth contributions for funding of aged care services.
Chapter 8 provides for matters relating to individual fees and contributions for funding of aged care services.
Chapter 9 provides for matters relating to accommodation payments and accommodation contributions for funding of aged care services.
Chapter 10 provides for matters relating to means testing for funding of aged care services.
Chapter 11 provides for matters relating to governance of the aged care system.
Chapter 12 provides for matters relating to regulatory mechanisms.
Chapter 13 provides for matters relating to information management.
Chapter 14 provides for the review and reconsideration of certain decisions made under this instrument.
Note: The following expressions used in this instrument are defined in the Act:
(a) associated provider;
(b) care and services plan;
(c) enrolled nurse;
(d) health service;
(e) means testing category;
(f) Multi‑Purpose Service Program;
(g) National Law;
(h) nursing;
(i) nursing assistant;
(j) old Act;
(k) registered nurse;
(l) service agreement;
(m) specialist aged care program;
(n) subsidy basis;
(o) Transition Care Program;
(p) transition time.
In this instrument:
2023 MM category means a category for an area provided for by the Modified Monash Model, as the model existed on 13 April 2025, and known as MM 1, MM 2, MM 3, MM 4, MM 5, MM 6 or MM 7.
Aboriginal or Torres Strait Islander Health Practitioner means a person who is registered under the National Law in the Aboriginal and Torres Strait Islander health practice profession.
Aboriginal or Torres Strait Islander Health Worker means a person who:
(a) is:
(i) a full member of the National Association of Aboriginal and Torres Strait Islander Health Workers and Practitioners; and
(ii) not an Aboriginal or Torres Strait Islander Health Practitioner; or
(b) holds a Certificate II or higher in Aboriginal or Torres Strait Islander Primary Health Care Practice from a registered training organisation.
accepted mental health condition means a mental health condition for which:
(a) the Repatriation Commission has accepted liability to pay a pension under the Veterans’ Entitlements Act; or
(b) the Military Rehabilitation and Compensation Commission has accepted liability to pay compensation under the MRC Actor the
Safety, Rehabilitation and Compensation Act 1988 .
accommodation bond agreement means an agreement between an individual in the pre‑2014 accommodation class and a registered provider in relation to the delivery of ongoing funded aged care services to the individual through the service group residential care in an approved residential care home of the provider that meets the requirements set out in section 287‑25.
accommodation bond retention amount means an amount that a registered provider may deduct from an accommodation bond balance in accordance with section 287‑95.
accommodation charge agreement means an agreement between an individual in the pre‑2014 accommodation class and a registered provider in relation to the delivery of ongoing funded aged care services to the individual through the service group residential care in an approved residential care home of the provider that meets the requirements set out in section 287‑115.
accommodation wing , of an approved residential care home, includes any of the following:
(a) a building;
(b) a floor or level of a building;
(c) an annex to a building;
that is used to provide accommodation for an individual to whom funded aged care services are being delivered in the home.
ACN has the same meaning as in theCorporations Act 2001 .
Act means theAged Care Act 2024 .
ad hoc higher everyday living agreement : see section 284-2.
AFM assessment item means the Australian Modified Functional Independence Measure assessment item of the AN‑ACC Assessment Tool.
AFM cognition score , for an individual, means the individual’s total score for communication and social cognition on the AFM assessment item.
AFM communication score , for an individual, means the individual’s total score for communication on the AFM assessment item.
AFM eating score , for an individual, means the individual’s score for eating on the AFM assessment item.
AFM motor score , for an individual, means the individual’s total score for self‑care, sphincter control, transfers and locomotion on the AFM assessment item.
AFM social cognition score , for an individual, means the individual’s total score for social cognition on the AFM assessment item.
AFM transfers score , for an individual, means the individual’s total score for transfers on the AFM assessment item.
Aged Care Assessment Manual means the Aged Care Assessment Manual, published by the Department, as existing on 1 November 2025.Note: The Aged Care Assessment Manual could in 2025 be viewed on the Department’s website ( care financial report, for a registered provider, means the report required by section 166‑310.
age pension has the same meaning as in Part 2.2 of the Social Security Act.
agitation score , for an individual, means the individual’s score for physically aggressive or inappropriate behaviour on the Behaviour Resource Utilisation Assessment assessment item of the AN‑ACC Assessment Tool.
AKPS assessment item means the Australia‑modified Karnofsky Performance Status assessment item of the AN‑ACC Assessment Tool.
AKPS score , for an individual, means the individual’s score on the AKPS assessment item.
allied health assistant means a person who holds a Certificate IV in Allied Health Assistance from a registered training organisation.
allied health profession means a health profession other than the following:
(a) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);
(b) medical;
(c) midwifery;
(d) nursing.
allied health professional means a person who is any of the following:
(a) a registered health practitioner who:
(i) is registered under the National Law to practise an allied health profession, other than as a student (within the meaning of the National Law); or
(ii) holds non‑practising registration under the National Law in an allied health profession;
(b) an Aboriginal or Torres Strait Islander Health Worker;
(c) an art therapist;
(d) an audiologist;
(e) a certified practicing nutritionist;
(f) a counsellor;
(g) a dietitian;
(h) an exercise physiologist;
(i) a genetic counsellor;
(j) a music therapist;
(k) an orthoptist;
(l) an orthotist;
(m) a pedorthist;
(n) a prosthetist;
(o) a recreational therapist;
(p) a rehabilitation counsellor;
(q) a social worker;
(r) a sonographer;
(s) a speech pathologist.
AN‑ACC Assessment Tool means the Australian National Aged Care Classification Assessment Tool, published by the Department, as existing on 1 April 2021.Note: The AN‑ACC Assessment Tool could in 2025 be viewed on the Department’s website ( Reference Manual means the Australian National Aged Care Classification Reference Manual, published by the Department, as existing on 1 April 2021.
Note: The AN‑ACC Reference Manual could in 2025 be viewed on the Department’s website ( accountability report, for a registered provider, means the report required under section 166‑745.
annual activity report , for a registered provider, means the report required under section 166‑725.
annual financial declaration statement , for a registered provider, means the statement required by section 166‑605.
annual prudential compliance statement , for a registered provider, means the statement required by section 166‑360.
annual statement of financial compliance and income and expenditure , for a registered provider, means the statement required by section 166‑730.
annual wellness and reablement report , for a registered provider, means the report required under section 166‑615.
antipsychotic medication , in relation to medication management, means the prescription of medications to an individual for the purposes of the treatment of a diagnosed condition of psychosis.
approval year , for an approved higher maximum accommodation payment amount, means the period of 1 year beginning on:
(a) the day the approval takes effect under section 290‑25 or 290‑30 (as applicable); or
(b) any later anniversary of that day.
approved health practitioner means a medical practitioner, nurse practitioner or registered nurse.
approved higher maximum accommodation payment amount means a higher maximum accommodation payment amount (expressed as a refundable accommodation deposit amount) approved by the Pricing Authority under subsection 290(6) of the Act.
ARIA value , for a location, means the value given to that location in accordance with the methodology set out in the document titledMeasuring Remoteness: Accessibility/Remoteness Index of Australia (ARIA) , Occasional Papers: New Series Number 14, published by the Department in October 2001, as the document existed on 1 July 2013.Note: The document titled
Measuring Remoteness: Accessibility/Remoteness Index of Australia (ARIA) could in 2025 be viewed on the Department’s website ( therapist means a person who is registered with the Australian, New Zealand and Asian Creative Arts Therapies Association as a Creative Art Therapist.
assistance dog means a dog that is an assistance animal within the meaning of theDisability Discrimination Act 1992 .
AT‑HM List means the Assistive Technology and Home Modifications list published by the Department, as existing on 1 November 2025.Note: The AT‑HM List could in 2025 be viewed on the Department’s website ( a person who:
(a) is both:
(i) a full member of Audiology Australia; and
(ii) certified by Audiology Australia as an accredited audiologist; or
(b) is a full or ordinary member, or fellow audiologist, of the Australian College of Audiology incorporating the Hearing Aid Audiology Society of Australia with a certificate of recognition of competency, issued by that College, as both a hearing rehabilitation specialist and a diagnostic rehabilitation specialist.
audited income and expenditure report , for a registered provider, means the report required under section 166‑640.
Australian accounting standards means the accounting standards in force under section 334 of theCorporations Act 2001 .
Australian Commission on Safety and Quality in Health Care means the Commission established by subsection 8(1) of theNational Health Reform Act 2011 .
Australia New Zealand Food Standards Code has the same meaning as in theFood Standards Australia New Zealand Act 1991 .
Australian Privacy Principle has the same meaning as in thePrivacy Act 1988 .
banning orders register means the register of banning orders established and maintained under section 507 of the Act.
Barthel Index of Activities of Daily Living assessment tool has the same meaning as in the Quality Indicator Program Manual.
base interest rate means a rate that:
(a) is the sum of the below threshold rate and 2%, expressed as a percentage; and
(b) takes effect on the first day of the month following the day when the below threshold rate is determined.
below threshold rate means the below threshold rate determined under subsection 1082(1) of the Social Security Act.
Braden activity score , for an individual, means the individual’s score for activity on the Braden Scale assessment item of the AN‑ACC Assessment Tool.
Braden total score , for an individual, means the individual’s total score on the Braden Scale assessment item of the AN‑ACC Assessment Tool.
building status amount , for an individual for a day: see subsection 230‑15(1).
calculation day , for a quarter, means the 15th day of the calendar month before the calendar month in which the quarter begins.
care minute : a minute is acare minute if it is spent delivering direct care, other than the following:
(a) the planning or delivery of activities to a group of individuals;
(b) the provision or maintenance of aids, appliances or equipment.
care minutes performance statement , for a registered provider, means the statement required by section 166‑335.
Category A residential care home means an approved residential care home that, immediately before the transition time, was a multi‑purpose service (within the meaning of section 104 of theSubsidy Principles 2014 ) that was a Category A service within the meaning of section 88 of theAged Care (Subsidy, Fees and Payments) Determination 2014 .
Category B residential care home means an approved residential care home that, immediately before the transition time, was a multi‑purpose service (within the meaning of section 104 of theSubsidy Principles 2014 ) that was a Category B service within the meaning of section 89 of theAged Care (Subsidy, Fees and Payments) Determination 2014 .
Category C residential care home means an approved residential care home that, immediately before the transition time, was a multi‑purpose service (within the meaning of section 104 of theSubsidy Principles 2014 ) that was a Category C service within the meaning of section 90 of theAged Care (Subsidy, Fees and Payments) Determination 2014 .
Category D residential care home means an approved residential care home that is not a Category A residential carehome, Category B residential carehome or Category C residential carehome.
certified practicing nutritionist means a person who is registered with the Australasian Association and Register of Practicing Nutritionists as a Certified Practicing Nutritionist.
chemical restraint : see subsection 17‑5(2).
child safety compliance statement , for a registered provider, means the statement required by section 166‑628.
CHSP is short for the program known as the Commonwealth Home Support Program.
CHSP contribution : see subsection 286‑15(1).
compensation has the same meaning as in theHealth and Other Services (Compensation) Act 1995 .
compensation payer has the same meaning as in theHealth and Other Services (Compensation) Act 1995 .
complainant : see subsection 361‑10(1).
complaint determination has the same meaning as in paragraph 361(1A)(d) of the Act.
compliance report , for a registered provider, means the report required under section 166‑620.
conditionally included AT‑HM item means a product, item of equipment or home modification:
(a) that is listed in the part of the AT‑HM List headed “Conditional inclusions”; and
(b) that is not an excluded AT‑HM item.
conditionally included communication and information management item means a product or item of equipment:
(a) that is listed in the part of the AT‑HM List headed “Conditional inclusions” under “Communication and information management”; and
(b) that is not an excluded AT‑HM item.
conditionally included domestic life item means a product or item of equipment:
(a) that is listed in the part of the AT‑HM List headed “Conditional inclusions” under “Domestic life”; and
(b) that is not an excluded AT‑HM item.
consecutive unplanned weight loss , in relation to unplanned weight loss, means a decrease in the weight of an individual of any amount, as determined by comparing the weight of an individual from the finishing weight of the previous quarter against the starting weight, middle weight and finishing weight for the current quarter.
Consumer Experience Assessment means an assessment using the Quality‑of‑Care Experience Aged Care Consumers ©Flinders University 2022 (QCE‑ACC) Tool.
contact includes physical contact, face‑to‑face contact, oral communication, written communication and electronic communication.
continuing service delivery branch : see subsection 263A‑5(1).
continuity of care plan : see section 149‑75.
Co‑operatives National Law means the Law set out in the appendix to theCo‑operatives (Adoption of National Law) Act 2012 (NSW), and applying in a State or Territory under the following:
(a)
Co‑operatives (Adoption of National Law) Act 2012 (NSW);(b)
Co‑operatives National Law Application Act 2013 (Vic.);(c)
Co‑operatives National Law Act 2020 (Qld);(d)
Co‑operatives National Law (South Australia) Act 2013 (SA);(e)
Co‑operatives National Law (Tasmania) Act 2015 (Tas.);(f)
Co‑operatives National Law (ACT) Act 2017 (ACT);(g)
Co‑operatives (National Uniform Legislation) Act 2015 (NT).
counsellor means a person who:
(a) is registered as a registered counsellor with:
(i) the Australian Counselling Association; or
(ii) the Psychotherapy and Counselling Federation of Australia; and
(b) has a qualification covered by level 7, 8, 9 or 10 of the Australian Qualifications Framework (within the meaning of the
Higher Education Support Act 2003 ).
counted mainstream individual : see subsection 176‑15(5).
counted NATSIFACP individual : see subsection 176‑35(5).
current wait time , for the allocation of a place for a classification type for a service group to an individual, on a day (thecurrent day ) before the place is allocated to the individual, means the time starting at the time the individual’s access approval for the classification type for the service group was given and ending at the end of the day before the current day.
daily remaining income amount , for an individual for a day: see subsection 231‑17(5).
daily total essential expenses , for an individual for a day: see subsection 231‑17(4).
DAP index number , for an indexation day: see section 302‑15.
day of eligible residential funded aged care services : see subsection 239‑15(4).
day of recognised residential care : see subsections176‑20(4) and (5).
DEMMI score , for an individual, means the individual’s total score on the De Morton Mobility Index assessment item.
De Morton Mobility Index assessment item means the De Morton Mobility Index assessment item of the AN‑ACC Assessment Tool.
dietitian means a person who is accredited by Dietitians Australia as an Accredited Practising Dietitian.
disruptiveness score , for an individual, means the individual’s score for verbally disruptive or noisy behaviour on the Behaviour Resource Utilisation Assessment assessment item of the AN‑ACC Assessment Tool.
diverse cultural activities includes cultural activities for the following:
(a) Aboriginal or Torres Strait Islander persons;
(b) individuals from culturally, ethnically and linguistically diverse backgrounds;
(c) individuals who are lesbian, gay, bisexual, trans/transgender or intersex or other sexual orientations, gender diverse or bodily diverse.
(a) an Aboriginal or Torres Strait Islander person, including an Aboriginal or Torres Strait Islander person from the stolen generations; or
(b) a veteran or war widow; or
(c) from a culturally, ethnically and linguistically diverse background; or
(d) experiencing homelessness or at risk of experiencing homelessness; or
(e) a parent or child who is or was separated by forced adoption or removal; or
(f) an adult survivor of institutional child sexual abuse; or
(g) a care‑leaver, including a Forgotten Australian or former child migrant placed in out of home care; or
(h) lesbian, gay, bisexual, trans/transgender or intersex or other sexual orientations or is gender diverse or bodily diverse; or
(i) an individual with disability or mental ill‑health; or
(j) neurodivergent; or
(k) deaf, deafblind, vision impaired or hard of hearing.
(a) Certificate IV in Leisure and Health;
(b) Diploma in Leisure and Health;
(c) Bachelor of Health Science;
(d) Bachelor of Applied Science with a major in:
(i) Leisure and Health; or
(ii) Therapeutic Recreation.
(a) bone fracture;
(b) joint dislocation;
(c) closed head injury with altered consciousness;
(d) closed head injury with subdural haematoma.
Note: The Ghent Global Incontinence Associated Dermatitis Categorisation Tool could in 2025 be viewed in the Quality Indicator Program Manual on the Department’s website ( day, for a financial support statement: see subsection 166‑320(3).
grant agreement means one or more grants of financial assistance to a registered provider for the delivery of funded aged care services entered into by the System Governor on behalf of the Commonwealth under section 264 of the Act.
group A residential care home , for a payment period: see subsection 239‑15(2).
group B residential care home , for a payment period: see subsection 239‑15(3).
has specialised Aboriginal or Torres Strait Islander status : an approved residential care homehas specialised Aboriginal or Torres Strait Islander status on a day if a determination that the home has specialised Aboriginal or Torres Strait Islander status under subsection 243(3) of the Act is in effect on the day.
has specialised homeless status : an approved residential care homehas specialised homeless status on a day if a determination that the home has specialised homeless status under subsection 243(3) of the Act is in effect on the day.
health profession has the same meaning as in the National Law.
health professional means a person who is registered under the National Law in a health profession.
health service standards assessment : see subsection 109‑10(4).
higher cognitive ability : an individual who is mobile only with assistancehashigher cognitive ability if the individual’s AFM cognition score is 22 or more.
higher everyday living agreement : see section 284 of the Act.
higher function : an individual who is not mobile hashigher function if the individual’s RUG total score is 16 or less.
higher pressure sore risk : an individual who is not mobile hashigher pressure sore risk if the individual’s Braden total score is 13 or less.
home or community fee reduction supplement determination , for an individual, means a determination made under section 197‑10 in relation to the individual (including as varied).
home or community place , for an approved residential care home of a registered provider in or from which the provider delivers funded aged care services through the service group home support, assistive technology or home modifications under the MPSP, means a place allocated to the registered provider for delivering those services in or from that home.
home support compounding factors : see section 81‑7.
home support functional independence score , for an individual, means the individual’s total score for:
(a) the questions in the sections of the Integrated Assessment Tool headed “Function”, other than the following:
(i) questions in the form “Is the need being met?”;
(ii) the question headed “Upper body strength”; and
(b) the questions in the section of the Integrated Assessment Tool headed “De Morton Mobility Index (DEMMI) ‑ Modified”.
home support needs met score , for an individual, means the individual’s total score for the questions in the Integrated Assessment Tool in the form “Is the need being met?”.
hospital admission means when an individual is accepted by a hospital inpatient speciality service for ongoing management, whether planned or unplanned and including an admission of any length and occurring in any location.
ICD‑10 Australian Modified Pressure Injury Classification System means the classification system contained in theInternational Statistical Classification of Diseases and Related Health Problems, Tenth Revision, Australian Modification (ICD‑10‑AM) , as published by the Independent Health and Aged Care Pricing Authority, and as existing on 1 November 2025.Note: The ICD‑10‑AM could in 2025 be viewed on the website of the Independent Health and Aged Care Pricing Authority ( separated couple has the same meaning as in the Social Security Act.
in a service group : a funded aged care service isin a service group if the service is in a service type that is in the service group.Note: See Part 3.
included AT‑HM item means a product, item of equipment or home modification:
(a) that is listed in the part of the AT‑HM List headed “Inclusions”; and
(b) that is not an excluded AT‑HM item.
included communication and information management item means a product or item of equipment:
(a) that is listed in the part of the AT‑HM List headed “Inclusions” under “Communication and information management”; and
(b) that is not an excluded AT‑HM item.
included domestic life item means a product or item of equipment:
(a) that is listed in the part of the AT‑HM List headed “Inclusions” under “Domestic life”; and
(b) that is not an excluded AT‑HM item.
included home modifications item means a product, item of equipment or home modification:
(a) that is listed in the part of the AT‑HM List headed “Inclusions” under “Home modifications”; and
(b) that is not an excluded AT‑HM item.
included managing body functions item means a product or item of equipment:
(a) that is listed in the part of the AT‑HM List headed “Inclusions” under “Managing body functions”; and
(b) that is not an excluded AT‑HM item.
included mobility item means a product or item of equipment:
(a) that is listed in the part of the AT‑HM List headed “Inclusions” under “Mobility”; and
(b) that is not an excluded AT‑HM item.
included self‑care item means a product or item of equipment:
(a) that is listed in the part of the AT‑HM List headed “Inclusions” under “Self‑care”; and
(b) that is not an excluded AT‑HM item.
income tested fee , for an individual in the pre‑2014 residential contribution class for a day: see subsection 285A‑13(1).Note: For an individual in the pre‑2014 residential contribution class, the calculation of the daily means tested amount involves the individual’s income but not their assets (see section 319‑15).
Incontinence Associated Dermatitis means a type of irritant contact dermatitis characterised by erythema and oedema of the perianal or genital skin, and may be accompanied by bullae, erosion or secondary cutaneous infection.Note: This definition is consistent with the Ghent Global Incontinence Associated Dermatitis Categorisation Tool.
independently mobile : an individual isindependently mobile if the individual’s DEMMI score is 13 or more.
index number , for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.
individual nominee : see subsection 6‑15(2).
individual’s room , in an approved residential care home:
(a) means a room, or a part of a room, in the home that:
(i) is intended to be occupied as personal space by an individual to whom funded aged care services are delivered in the home; and
(ii) contains a bed to be used by the individual; and
(b) includes:
(i) the areas that are in the immediate vicinity of the bed in the room or the part of the room; and
(ii) the contents of the room or the part of the room; and
(iii) an ensuite, or a shared bathroom and toilet, that is for the use of the individual.
Injune means the Injune Multi-Purpose Service, 7 Fifth Avenue, Injune Queensland 4454.
Integrated Assessment Tool means the Integrated Assessment Tool published by the Department, as existing on the day this instrument commences.Note: The Integrated Assessment Tool could in 2025 be viewed on the Department’s website ( Health and Aged Care Services Module means the Integrated Health and Aged Care Services Module published by the Australian Commission on Safety and Quality in Health Care, as existing on 30 June 2025.
Note: The Integrated Health and Aged Care Services Module could in 2025 be viewed on the website of the Australian Commission on Safety and Quality in Health Care ( has the same meaning as in the
Health and Other Services (Compensation) Act 1995 .
key personnel of a person or body to which the Grantee Code of Conduct applies means:
(a) if the person or body is a registered provider—a responsible person of the registered provider;
(b) if the body is not a registered provider—any person who:
(i) is responsible for the executive decisions of the person or body; or
(ii) has authority or responsibility for (or significant influence over) planning, directing, operating or controlling the activities of the person or body.
Note: For
responsible person of a registered provider, see section 12 of the Act.
local region means an aged care planning region specified in the document titled2018 Aged Care Planning Regions by Statistical Areas Level 2 (SA2) 2016 ‑ Australia published by the Department, as existing on the day this instrument commences.Note: The document titled
2018 Aged Care Planning Regions by Statistical Areas Level 2 (SA2) 2016 ‑ Australia could in 2025 be viewed on the Department’s website ( cognitive ability: an individual who is mobile only with assistancehaslower cognitive ability if the individual’s AFM cognition score is 10 or less.
lower function : an individual who is not mobile haslower function if the individual’s RUG total score is 17 or more.
lower pressure sore risk : an individual who is not mobile haslower pressure sore risk if the individual’s Braden total score is 14 or more.
low means individual : an individual to whom a registered provider is delivering funded aged care services for a classification type for the service group residential care is alow means individual if, on the start day for the individual for the classification type, the individual’s means tested amount was less than the maximum accommodation supplement amount for that day.
low means resident : see section 230‑13.
low means resident percentage : see 230‑13.
maximum daily amount of the transitional resident contribution : see subsection 285A‑10(1).
maximum permissible interest rate for a day, means the maximum rate for the day worked out in accordance with section 301‑5.
maximum possible daily accommodation payment amount for an individual for a day: see step 3 of the method statement in subsection 296‑5(3).
means tested care fee , for an individual in the post‑2014 residential contribution class: see subsection 285A‑14(1).
means testing class : each of the following is ameans testing class :
(a) full‑pensioner;
(b) part-pensioner;
(c) seniors health card holder;
(d) self‑funded retiree.
mechanical restraint : see subsection 17‑5(4).
medical or psychological treatment , in relation to a priority 1 reportable incident under section 165A‑25, means treatment that may only be provided by a medical practitioner, nurse practitioner, registered nurse, psychologist or social worker.
medical practitioner has the same meaning as in the National Law.
medical treatment authority , for an individual (theindividual concerned ), means an individual or body that, under an appointment in writing that is in effect under the law of the State or Territory in which the individual concerned accesses funded aged care services, can give informed consent to the provision of medical treatment (however described) to the individual concerned if the individual concerned lacks capacity to give that consent.
medication , in relation to medication management, means a chemical substance given with the intention of preventing, diagnosing, curing, controlling or alleviating disease or otherwise enhancing the physical or mental health of an individual.
medium cognitive ability : an individual who is mobile only with assistancehasmedium cognitive ability if the individual’s AFM cognition score is between 11 and 21 (inclusive).
member of a couple has the same meaning as in the Social Security Act.
merging service delivery branch : see subsection 263A‑5(1).
middle weight , in relation to unplanned weight loss, means the weight of an individual recorded in the second month of a quarter.
minimum monetary spend amount , for an approved residential care home that has been, or is proposed to be, significantly refurbished, means the amount worked out by multiplying $25,000 by 40% of the lower of:
(a) the total number of individual’s rooms in the home before the commencement of the refurbishment; and
(b) the total number of individual’s rooms in the home after the completion of the refurbishment.
mobile only with assistance : an individual ismobile only with assistance if the individual’s DEMMI score is between 4 and 12 (inclusive).
Modified Monash Model means the model known as the Modified Monash Model developed by the Department for categorising metropolitan, regional, rural and remote locations according to both geographical remoteness and population size, based on population data published by the Australian Bureau of Statistics, as the model exists from time to time.Note: In 2025, the Modified Monash Model categorisation for a location could be viewed on the Department’s website ( performance report, for a registered provider, means the report required under section 166‑610.
MPSP is short for Multi‑Purpose Service Program.
MRC Act means theMilitary Rehabilitation and Compensation Act 2004 .
music therapist means a person who is registered with the Australian Music Therapy Association as a Registered Music Therapist.
national efficient price : thenational efficient price for residential care activity is $295.64.
National Law has the same meaning as in theHealth Insurance Act 1973 .
National Safety and Quality Health Service Standards means the standards of that name developed by the Australian Commission on Safety and Quality in Health Care under paragraph 9(1)(e) of theNational Health Reform Act 2011 , as existing on 31 May 2021.Note: The National Safety and Quality Health Service Standards could in 2025 be viewed on the website of the Australian Commission on Safety and Quality in Health Care (
NATSIFACP is short for the program known as the National Aboriginal and Torres Strait Islander Flexible Aged Care Program.
NDIS screening application means a screening application within the meaning of paragraph 181Y(5)(a) of the NDIS Act.
newly built home : see section 230‑20.
nominated entity : see subsection 95‑5(1).
no‑show circumstances : see subsections 11A‑5(3) and (4).
not mobile : an individual isnot mobile if the individual’s DEMMI score is 3 or less.
nurse practitioner has the same meaning as in theHealth Insurance Act 1973 .
NWAU (short for National Weighted Activity Unit) means a measure of residential care activity, expressed as a common unit, against which the national efficient price is set.
occupational therapist means a person who is registered under the National Law in the occupational therapy profession.
occupied bed , for an approved residential care home on a day, means an operational bed for the home that is occupied by an individual to whom funded aged care services are delivered on the day.
offline bed , for an approved residential care home, means a bed covered by the approval of the home that is covered by a notice under section 167 of the Act given in accordance with section 167‑70 of this instrument.
old Act wait time , for an individual who, immediately before the transition time, was approved under section 22‑1 of the old Act as a recipient of home care but was not a prioritised home care recipient (within the meaning of the old Act), means the time starting at the time the individual’s approval as a recipient of home care was given and ending immediately before the transition time.
old Principles means Principles made under section 96‑1 of theold Act.
operational bed , for an approved residential care home, means a bed covered by the approval of the home that is not an offline bed for the home.
(a) is a certified member of the Australian Orthotic Prosthetic Association; and
(b) is certified by that Association as a qualified orthotist.
(a) a report about the person’s criminal conviction record prepared by:
(i) the Australian Federal Police; or
(ii) the Australian Criminal Intelligence Commission; or
(iii) an agency accredited by the Australian Criminal Intelligence Commission; or
(iv) the police force or police service of a State or Territory; or
(b) for a responsible person of a registered provider that delivers funded aged care services in South Australia, or an aged care worker delivering funded aged care services in South Australia—the screening check known as the Aged Care Sector Employment Check issued to the person by the Department administered by the Minister administering the
Child Safety (Prohibited Persons) Act 2016 (SA).
(a) the individual entered a flexible care service (within the meaning of the old Act) before the transition time; and
(b) the approved provider of the service charged the individual an accommodation payment (within the meaning of the old Act); and
(c) if, at the transition time, the individual is not accessing funded aged care services through the residential care service group under a specialist aged care program:
(i) the individual has a transition break period; and
(ii) the transition break period is not more than 28 days; and
(d) since the transition time, the individual has not ceased accessing funded aged care services through the residential care service group under a specialist aged care program for a continuous period of more than 28 days.
(a) on 12 September 2024, the individual was approved as a recipient of home care (within the meaning of the old Act); and
(b) the individual has not elected, in the approved form, to cease being a member of the class or of the post‑2014 residential contribution class.
(a) at the transition time, the individual is in the post‑2014 residential contribution class; and
(b) since the transition time, the individual has not:
(i) both:
(A) elected, in the approved form, to cease being a member of the post‑2014 residential contribution class; and
(B) ceased accessing funded aged care services in an approved residential care home and started accessing funded aged care services in another approved residential care home; or
(ii) ceased accessing funded aged care services in an approved residential care home for a continuous period of more than 28 days.
(a) all of the following apply to the individual:
(i) before the transition time, the individual entered residential care (within the meaning of the old Act) other than as a recipient of respite care (within the meaning of that Act) and other than residential care provided through a multi-purpose service (within the meaning of the
Subsidy Principles 2014 );(ii) immediately before the transition time, the individual was not a continuing residential care recipient (within the meaning of the old Act);
(iii) if, at the transition time, the individual is not accessing funded aged care services in an approved residential care home:
(A) the individual has a transition break period; and
(B) the transition break period is not more than 28 days; or
(b) all of the following apply to the individual:
(i) the individual is a member of the post‑2014 home contribution class at the transition time;
(ii) the individual has entered residential care after the transition time;
(iii) the individual has not elected, in the approved form, to cease being a member of the post‑2014 home contribution class.
(a) immediately before the transition time, any of the following agreements were in effect for the individual:
(i) a formal agreement (within the meaning of the old Act);
(ii) an accommodation bond agreement (within the meaning of the
Aged Care (Transitional Provisions) Act 1997 );(iii) an accommodation charge agreement (within the meaning of the
Aged Care (Transitional Provisions) Act 1997 ); or(b) all of the following apply to the individual:
(i) immediately before the transition time, an agreement of a kind mentioned in paragraph (a) was not in effect for the individual;
(ii) at the transition time, the individual was not accessing funded aged care services in an approved residential care home, but had previously received residential care through a residential care service (within the meaning of the old Act), and the most recent agreement of any kind under the old Act that had been in effect for the individual was an agreement of a kind mentioned in paragraph (a);
(iii) at the test time, the individual has a transition break period and the transition break period is not more than 28 days; or
(c) both of the following apply to the individual:
(i) immediately before the transition time, an agreement of a kind mentioned in subparagraph (a)(ii) or (iii) was not in effect for the individual, but the individual was eligible under the old Act to enter into such an agreement;
(ii) at the transition time, the individual was accessing funded aged care services in an approved residential care home;
unless, before the test time, the individual:
(d) had ceased accessing funded aged care services in an approved residential care home (the
first home ); and(e) had started accessing funded aged care services in another approved residential care home (the
second home ); and(f) had elected in the approved form, before starting to access funded aged care services in the second home, to cease being a member of the pre‑2014 residential contribution class.
(a) immediately before the transition time, the individual was a continuing residential care recipient (within the meaning of the old Act); and
(b) if, at the transition time, the individual is not accessing funded aged care services in an approved residential care home:
(i) the individual has a transition break period; and
(ii) the transition break period is not more than 28 days; and
(c) the individual has not elected, in the approved form, to cease being a member of the class.
(a) the day on which the registered provider for the approved residential care home and the individual enter into an accommodation agreement for the approved residential care home in accordance with section 293 of the Act; or
(b) if the accommodation agreement between the registered provider for the approved residential care home and the individual is varied because the individual proposes to change the individual’s room and the proposed move is voluntary—the day on which the accommodation agreement is varied in relation to the individual’s room; or
(c) if the individual is notified by the registered provider for the approved residential care home that the individual’s room is to be changed for 28 days or longer, and the proposed move is not voluntary—the day on which the notice is given.
Note: An individual’s principal home may be in a retirement village (see section 12 of the Social Security Act).
(a) is a certified member of the Australian Orthotic Prosthetic Association; and
(b) is certified by that Association as a qualified prosthetist.
Note: The Quality Indicator Program Manual could in 2025 be viewed on the Department’s website ( indicators report, for a registered provider, means the report required by Subdivision B of Division 3 of Part 2 of Chapter 5.
Quality ‑of‑Care Experience Aged Care Consumers ©Flinders University 2022 (QCE‑ACC) Tool has the same meaning as in the Quality Indicator Program Manual.
Quali ty of Life Aged Care Consumers ©Flinders University 2022 (QOL‑ACC) Tool has the same meaning as in the Quality Indicator Program Manual.
Quality of Life Assessment means an assessment using the Quality of Life Aged Care Consumers ©Flinders University 2022 (QOL‑ACC) Tool.
quarterly financial report , for a registered provider, means the report required by section 166‑340.
queue rate means:
(a) for the priority category high for the classification type ongoing for the service group home support—0.25; or
(b) for the priority category medium for the classification type ongoing for the service group home support—1; or
(c) for the priority category standard for the classification type ongoing for the service group home support—1.25.
recreational therapist means a person who is a certified member of the Australian Recreational Therapy Association.
reduced daily amount of the resident contribution , for an individual for a day: see subsection 231‑17(7).
reference period , for a quarter, has the meaning given by subsection 176‑20(6).
refunding event means an event referred to in paragraph 311(1)(a) or (b) of the Act.
refund period means:
(a) in relation to the refund of a refundable deposit balance—the period within which the refundable deposit balance must be refunded in accordance with section 311 of the Act; or
(b) in relation to the refund of an accommodation bond balance—the period within which the accommodation bond balance must be refunded in accordance with section 287‑102 of this instrument.
refurbishment cost , for an approved residential care home that has been, or is proposed to be, significantly refurbished, means:
(a) unless paragraph (b) applies—the total cost of the refurbishment or proposed refurbishment of the home; or
(b) if the refurbishment or proposed refurbishment includes fire safety improvements, and the cost of the fire safety improvements is more than 25% of the minimum monetary spend amount for the home—the total cost of the refurbishment or proposed refurbishment, reduced by the amount by which the cost of the fire safety improvements exceeds 25% of the minimum monetary spend amount for the home.
registered health practitioner has the same meaning as in the National Law.
registered nurse staff member means a staff member of a registered provider who is a registered nurse.
registered training organisation has the same meaning as in theNational Vocational Education and Training Regulator Act 2011 .
rehabilitation counsellor means a person who is a member of the Australian Society of Rehabilitation Counsellors.
reimbursement arrangement has the same meaning as in theHealth and Other Services (Compensation) Act 1995 .
remedial massage therapist means a person who holds either of the following qualifications from a registered training organisation:
(a) a Diploma of Remedial Massage Therapy;
(b) a Certificate IV in Massage Therapy.
required combined staff average number of care minutes , per individual per day in respect of an approved residential care home for a quarter: see subsection 176‑20(1).
required registered nurse average number of care minutes , per individual per day in respect of an approved residential care home for a quarter: see subsection 176‑20(2).
residential care compounding factors : see section 81‑8.
residential care fee reduction supplement determination , for an individual, means a determination made under subsection 231‑16(2) in relation to the individual (including as varied).
residential care place , for an approved residential care home of a registered provider in which the provider delivers funded aged care services through the service group residential care under the MPSP, means a place allocated to the registered provider for delivering those services in that home.
restorative care means an intensive short‑term period of care after an illness or injury to help an individual maintain or regain independence.
restorative care partner : see subsection 148-40(4).
restrictive practices nominee : see subsection 6‑15(1).
restrictive practices substitute decision‑maker : see section 6‑20.
Rockwood frailty score , for an individual, means the individual’s score on the Rockwood Frailty Score assessment item of the AN‑ACC Assessment Tool.
RRMA Classification means the document titledRural, Remote and Metropolitan Area Classification , as existing at the transition time, setting out certain categories of areas in Australia that have been determined by the Department by reference to population size and remoteness of locality on the basis of 1991 census data published by the Australian Bureau of Statistics in 1994.Note: The RRMA Classification for a location could in 2025 be viewed on the Department’s website ( total score, for an individual, means the individual’s total score on the Resource Utilisation Group ‑ Activities of Daily Living assessment item of the AN‑ACC Assessment Tool.
seclusion : see subsection 17‑5(6).
second asset threshold :
(a) for an individual in the post‑2014 residential contribution class: see paragraph 319‑5(7)(a); or
(b) in any other case: see paragraph 319‑5(7)(b).
second income threshold : see subsection 319‑5(3).
seniors health card has the same meaning as in the Social Security Act.
serious offence conviction : a person has aserious offence conviction if the person has been:
(a) convicted of murder or sexual assault; or
(b) convicted of, and sentenced to imprisonment for, any other form of assault.
service activity report , for a registered provider, means the report required under section 166‑645.
service delivery report , for a registered provider, means the report required under section 166‑625.
service demographics report , for a registered provider, means the report required under section 166‑735.
settlement has the same meaning as in theHealth and Other Services (Compensation) Act 1995 .
significant compounding factors :
(a) for a classification assessment for an individual for a classification type for the service group home support—the individual has
significant compounding factors if the home support compounding factors for the individual, considered together, indicate that the individual has significantly higher care needs relative to the needs of other individuals with similar home support functional independence scores and home support needs met scores; and(b) for a classification assessment for an individual for the classification type ongoing for the service group residential care—an individual mentioned in an item of the table in section 81‑8 has
significant compounding factors if the residential care compounding factors for the individual, considered together, indicate that the individual has significantly higher care needs relative to the needs of other individuals mentioned in that item.
significantly refurbished home means an approved residential care home in relation to which a determination under subsection 230‑30(1) or 230‑35(1) is in effect.
significant unplanned weight loss , in relation to unplanned weight loss, means a decrease in the weight of an individual that is equal to or greater than 5%, as determined by comparing the finishing weight of the previous quarter against the finishing weight for the current quarter.
Social Security Act means theSocial Security Act 1991 .
social worker means a person who is certified by the Australian Association of Social Workers as an Accredited Social Worker.
sonographer means a person who is registered with the Australian Sonographer Accreditation Registry as an Accredited Medical Sonographer.
sp ecialist Aboriginal or Torres Strait Islander programs means specialist programs for Aboriginal or Torres Strait Islander persons and includes, but is not limited to, the following:
(a) programs to deliver care and services that are culturally safe for, and tailored to meet the particular needs of, the Aboriginal or Torres Strait Islander persons to whom funded aged care services are being delivered in the approved residential care home in question;
(b) programs to promote social and cultural engagement and participation of Aboriginal or Torres Strait Islander persons.
specialist aged care program fee : see subsection 286‑10(1).
specialist homeless programs means specialist programs for persons with a background as a homeless person and includes, but is not limited to, the following:
(a) programs and interventions to manage complex behavioural needs of persons with that background;
(b) programs to promote social engagement and participation of persons with that background.
speech pathologist means a person who is certified by Speech Pathology Australia as a Certified Practising Speech Pathologist.
standing higher everyday living agreement : see section 284-2.
starting weight , in relation to unplanned weight loss, means the weight of an individual recorded in the first month of a quarter.
Statement of Accounting Concepts SAC 1 means Statement of Accounting Concepts SAC 1 “Definition of the Reporting Entity” published by the Australian Accounting Standards Board, as existing on 6 March 2020.Note: The Statement of Accounting Concepts SAC 1 could in 2025 be viewed on the website of the Australian Accounting Standards Board (
supported individual : an individual is asupported individual if, immediately before the transition time, the individual was a supported resident within the meaning of theAged Care (Transitional Provisions) Act 1997 .
surplus and uncommitted funds , for a registered provider and a financial year, means financial assistance the System Governor, on behalf of the Commonwealth, has granted the registered provider in the financial year relating to the same or similar activities and that are:
(a) surplus and uncommitted; and
(b) confirmed by provided financial statements.
target classification type wait time : see section 93‑14.
target priority category wait time , for a priority category for a classification type for the service group home support on a day, means:
(a) for the priority category urgent—1 month; or
(b) for the priority category high, medium or standard—the result of multiplying the wait time factor on the day by the queue rate for the priority category.
TCP is short for Transition Care Program.
third asset threshold : see subsection 319‑5(8).
third income threshold : see subsection 319‑5(4).
transitional agreed amount : see subsection 285A‑25(2).
transitional basic daily fee : see subsection 285A‑11(1).
transitional bed reservation fee : see subsection 285A‑20(1).
transitional compensation payment fee : see subsection 285A‑10(2).
transitional higher everyday living agreement : see subsection 285A‑25(2).
transitional higher everyday living fee : see subsection 285A‑25(1).
transitional pre‑entry fee : see subsection 285A‑15(1).
transitional pre‑entry period : see subsection 285A‑15(1).
transitional resident contribution : see subsection 285A‑5(1).
transition break period , for an individual, means the sum of:
(a) the number of days in a continuous period that ended immediately before the transition time during which the individual was not being provided with residential care through a residential care service (within the meaning of the old Act) other than because the person was on leave (within the meaning of that Act); and
(b) the number of days in a continuous period beginning at the transition time during which the individual was not accessing funded aged care services in an approved residential care home.
The period mentioned in paragraph (a) and the period mentioned in paragraph (b) must each be a period of at least one day.
unavoidable service cost : see subsections 284‑11(16) and (17).
unplanned weight loss means:
(a) significant unplanned weight loss; or
(b) consecutive unplanned weight loss.
unrealisable asset has the meaning given by subsections 11(12) and (13) of the Social Security Act.
unreduced daily amount of the resident contribution , for an individual for a day: see subsection 231‑17(6).
unreduced individual contribution , for the delivery of a funded aged care service to an individual on a day, means the amount that would be the individual contribution for the delivery of the service to the individual on the day if step 4 in the method statement in subsection 273(2) of the Act were disregarded.
veteran means a person:
(a) who is taken to have rendered eligible war service under section 7 of the Veterans’ Entitlements Act; or
(b) in respect of whom a pension is payable under subsection 13(6) of that Act; or
(c) who is:
(i) a member of the Forces within the meaning of subsection 68(1) of that Act; or
(ii) a member of a Peacekeeping Force within the meaning of that subsection; or
(d) who is:
(i) a member within the meaning of the MRC Act; or
(ii) a former member within the meaning of that Act; or
(e) who is an employee within the meaning of the
Safety, Rehabilitation and Compensation Act 1988 .Note: The Acts mentioned in paragraphs (d) and (e) provide that, in some cases:
(a) a member of the Forces, or a member of a Peacekeeping Force, includes a person who is no longer serving; and
(b) an employee includes a person who has ceased to be an employee.
Veterans’ Entitlements Act means theVeterans’ Entitlements Act 1986 .
waiting individual , for a priority category for a classification type for a service group on a day, means an individual who:
(a) has an access approval in effect for the classification type for the service group; and
(b) has been assigned the priority category for the classification type for the service group; and
(c) has not been allocated a place for the classification type for the service group.
wait time factor : see section 93‑13.
In this instrument, a reference to an action taken or a statement given by one of the following persons is a reference to such actions or statements that are within the person’s professional scope of practice:
(a) an allied health assistant;
(b) an allied health professional;
(c) a diversional therapist;
(d) a registered health practitioner;
(e) a remedial massage therapist.
(1)
Restrictive practices nominee , for a restrictive practice in relation to an individual, means:
(a) if there is only a single individual nominee for the restrictive practice in relation to the individual—that individual nominee; or
(b) if there is only a nominee group for the restrictive practice in relation to the individual—that nominee group; or
(c) if there is more than one individual nominee, or a nominee group and one or more individual nominees, for the restrictive practice in relation to the individual—the individual nominee or nominee group (as applicable) that takes precedence (see paragraph (9)(a)).
(2)
Individual nominee , for a restrictive practice in relation to an individual (theindividual concerned ), means an individual:
(a) who has been nominated by the individual concerned, in accordance with this section, as an individual who can give informed consent to the use of the restrictive practice in relation to the individual concerned if the individual concerned lacks capacity to give that consent; and
(b) who has agreed, in writing, to the nomination (and has not withdrawn that agreement); and
(c) who has capacity to give the informed consent mentioned in paragraph (a).
(3)
Nominee group , for a restrictive practice in relation to an individual (theindividual concerned ), means a group of individuals:
(a) who have been nominated by the individual concerned, in accordance with this section, as a group of individuals who can jointly give informed consent to the use of the restrictive practice in relation to the individual concerned if the individual concerned lacks capacity to give that consent; and
(b) each of whom has agreed, in writing, to the nomination (and has not withdrawn that agreement); and
(c) each of whom has capacity to give the informed consent mentioned in paragraph (a).
(4) An individual may make, vary or revoke a nomination only if the individual concerned has capacity to do so.
(5) A nomination, or a variation or revocation of a nomination, must be made in writing.
(6) A nomination (or varied nomination) of a group may nominate not more than 3 individuals as members of the group.
(7) A nomination (or varied nomination) may include only one nomination of a group.
(8) An individual may be nominated as an individual, or as a member of a group, but not both.
(9) If a nomination (or a varied nomination) nominates more than one individual nominee, or both one or more individual nominees and a nominee group, the nomination (or varied nomination) must:
(a) state the order of precedence in which the individual nominees and nominee group (as applicable) are nominated; and
(b) if a nominee group is nominated—state the rules that will apply if the members of the group cannot agree on whether to give informed consent as mentioned in paragraph (3)(a) in a particular case.
(10) An individual (the
individual concerned ) may nominate, as an individual or a member of a group, an aged care worker of a registered provider that is delivering funded aged care services to the individual concerned only if the aged care worker is the partner or a relative of the individual concerned.
(1) An individual or body is the
restrictive practices substitute decision‑maker for a restrictive practice in relation to an individual (theindividual concerned ) if:
(a) the individual or body is appointed by the law of the State or Territory in which the individual concerned accesses funded aged care services as an individual or body that can give informed consent to the use of the restrictive practice in relation to the individual concerned if the individual concerned lacks capacity to give that consent; or
(b) under an appointment in writing that is in effect under the law of the State or Territory in which the individual concerned accesses funded aged care services, the individual or body can give informed consent to the use of the restrictive practice in relation to the individual concerned if the individual concerned lacks capacity to give that consent.
(2) The following table has effect if:
(a) there is no such individual or body appointed for the restrictive practice in relation to the individual concerned under the law of the State or Territory in which the individual concerned accesses funded aged care services; and
(b) either:
(i) there is no clear mechanism for appointing such an individual or body under the law of the State or Territory; or
(ii) an application has been made for an appointment under the law of the State or Territory in relation to the use of the restrictive practice in relation to the individual concerned, but there is a significant delay in deciding the application.
1 | there is a restrictive practices nominee for the restrictive practice in relation to the individual concerned | that restrictive practices nominee. |
2 | item 1 does not apply to the restrictive practice in relation to the individual concerned, but the individual concerned has a partner:
| that partner. |
3 | items 1 and 2 do not apply to the restrictive practice in relation to the individual concerned, but the individual concerned has a relative or friend:
|
|
4 | items 1, 2 and 3 do not apply to the restrictive practice in relation to the individual concerned, but the individual concerned has a relative or friend:
|
|
5 | items 1, 2, 3 and 4 do not apply to the restrictive practice in relation to the individual concerned, but there is a medical treatment authority for the individual concerned |
|
(3) For the purposes of paragraph (a) of column 1 of item 3 of the table in subsection (2), a person was an unpaid carer for the individual concerned if:
(a) the person was not employed, hired, retained or contracted (whether directly or through an employment or recruiting agency) as a carer for the individual concerned; and
(b) no payment or benefit other than one or more of the following was or will be made or given to the person for being a carer for the individual concerned:
(i) a carer payment or equivalent benefit;
(ii) payment in kind;
(iii) a payment or benefit as a beneficiary under the will of the individual concerned.
(4) For the purposes of paragraph (b) of column 1 of item 3 of the table and paragraph (a) of column 1 of item 4 of the table in subsection (2), a person has a personal interest in the welfare of the individual concerned on an unpaid basis if:
(a) the person is not employed, hired, retained or contracted (whether directly or through an employment or recruiting agency) to have that interest; and
(b) no payment or benefit other than one or more of the following is or will be made or given to the person for having that interest:
(i) a carer payment or equivalent benefit;
(ii) payment in kind;
(iii) a payment or benefit as a beneficiary under the individual’s will.
For the purposes of the definition of
accommodation bond in section 7 of the Act, anaccommodation bond means an amount that does not accrue daily and that is paid or payable by an individual in the pre‑2014 accommodation class in accordance with an accommodation bond agreement.
For the purposes of the definition of
accommodation bond balance in section 7 of the Act, anaccommodation bond balance is, at a particular time, an amount equal to the difference between:
(a) an accommodation bond, other than:
(i) an accommodation bond that is to be paid by periodic payment; or
(ii) the part of an accommodation bond that is to be paid by periodic payment; and
(b) the sum of any amounts that have been, or are permitted to be, deducted from the accommodation bond in accordance with Subdivision D of Division 3 of Part 2 of Chapter 9 of this instrument as at that time.
For the purposes of the definition of
accommodation charge in section 7 of the Act, anaccommodation charge means an amount that accrues daily and that is paid or payable by an individual in the pre‑2014 accommodation class in accordance with an accommodation charge agreement.
Approving entities
(1) For the purposes of paragraph (a) of the definition of
approved needs assessor in section 7 of the Act, the kind of entity is an entity specified in the document titledSingle Assessment System assessment organisations by service area, region, state and territory , published by the Department, as existing on the day this instrument commences.Note: The document titled
Single Assessment System assessment organisations by service area, region, state and territory could in 2025 be viewed on the Department’s website ( the purposes of paragraph (b) of the definition ofapproved needs assessor in section 7 of the Act, the criteria for a person are that the person is an individual who is employed or otherwise engaged by an entity prescribed by subsection (1) of this section.Note: An individual engaged by an entity includes an independent contractor.
For the purposes of the definition of
cost in section 7 of the Act, the cost for the delivery by a registered provider of a funded aged care service for which the subsidy basis is cost means the amount charged by the provider for the delivery of the service.
For the purposes of the definition of
direct care in section 7 of the Act, the following funded aged care services are prescribed:
(a) the funded aged care services listed and described in items 2, 3, 4, 5, 6 and 7 of the table in section 8‑150 of this instrument;
(b) the funded aged care services listed and described in items 3, 4, 5 and 6 of the table in section 8‑155 of this instrument.
For the purposes of the definition of
entry contribution in section 7 of the Act, anentry contribution means a payment that was made before 1 October 1997 by an individual in the pre‑2014 accommodation class in accordance with a formal agreement.
For the purposes of the definition of
entry contribution balance in section 7 of the Act, anentry contribution balance is, at a particular time, an amount equal to the difference between:
(a) the amount of an entry contribution; and
(b) the sum of any amounts that have been, or are permitted to be, deducted from the entry contribution in accordance with a formal agreement as at that time.
(1) This section is made for the purposes of the definition of
entry day in section 7 of the Act.
Classification type ongoing
(2) The first day an individual accesses a funded aged care service for the classification type ongoing through a service group is the entry day for the individual for that classification type for that service group.
Classification type short‑term for the service groups home support, assistive technology and home modifications
(3) The first day an individual accesses a funded aged care service for a classification level for the classification type short‑term for the service group home support, assistive technology or home modifications is the entry day for the individual for the period of effect for that classification level.
Classification type short‑term for the service group residential care
(4) The first day an individual accesses a funded aged care service for the classification type short‑term for the service group residential care is the entry day for the individual for that classification type for that service group.
Classification type hospital transition
(5) The first day an individual accesses a funded aged care service for a classification level for the classification type hospital transition for a service group is the entry day for the individual for the period of effect for that classification level.
For the purposes of the definition of
homeowner in section 7 of the Act:
(a) an individual who is not a member of a couple is a
homeowner if:
(i) the individual has a right or interest in the individual’s principal home; and
(ii) the individual’s right or interest in the individual’s principal home gives the individual reasonable security of tenure in the home; and
Note: See also Subdivision A of Division 2 of Part 6 of Chapter 5 to this instrument (Delivery of direct care—mainstream providers).
(2) To avoid doubt, the requirements in subsection (1) do not apply in respect of the delivery of funded aged care services delivered only under the NATSIFACP or the MPSP.
(3) The System Governor must publish the information mentioned in paragraphs (1)(a) and (b) as soon as practicable on or after the calculation day for the relevant quarter.
For funded aged care services delivered in a particular residential care home or home or community setting, the matters are the following:
(a) any information included in a report referred to in section 166‑855 of this instrument (relating to reporting requirements relating to registered nurses);
(b) if the provider has been granted an exemption from section 175 of the Act (relating to registered nurses) in relation to the residential care home:
(i) the steps the provider has taken to ensure that the clinical care needs of the care recipients residing in the residential care home will be met during the period for which the exemption is in force; and
(ii) confirmation that the System Governor is satisfied that those steps are reasonable;
(c) any information included in a report referred to in section 166‑10, 166‑15, 166‑20 or 166‑25 of this instrument (relating to service staff and individuals who have received certain vaccinations);
(d) any information included in any of the following:
(i) an aged care financial report referred to in section 166‑310 of this instrument;
(ii) a response to a request for further information given under subsection 166‑310(8) of this instrument (relating to an aged care financial report);
(iii) a financial support statement referred to in section 166‑315 of this instrument;
(iv) a response to a request for further information given under subsection 166‑315(8) of this instrument (relating to a financial support statement);
(v) a care minutes performance statement referred to in section 166‑335 of this instrument;
(vi) an audit referred to in subsection 166‑335(6) of this instrument of a care minutes performance statement;
(vii) a quarterly financial report referred to in section 166‑340 of this instrument;
(viii) a response to a request for further information given under subsection 166‑340(11) of this instrument (relating to a quarterly financial report);
(ix) a general purpose financial report referred to in section 166‑345 of this instrument;
(x) a response to a request for further information given under subsection 166‑345(10) of this instrument (relating to a general purpose financial report);
(xi) an audit referred to in section 166‑350 of this instrument of a general purpose financial report;
(xii) an annual prudential compliance statement referred to in section 166‑360 of this instrument;
(xiii) an audit referred to in section 166‑385 of this instrument of an annual prudential compliance statement;
(xiv) a report referred to in section 166‑805 of this instrument (relating to governing body statements);
(xv) a report referred to in section 166‑810 of this instrument (relating to provider operations reporting);
(e) any information included in an annual wellness and reablement report referred to in section 166‑615 of this instrument (relating to CHSP reporting);
(f) the grade assigned to a provider in a final assessment report referred to in section 110‑30 of this instrument (relating to an entity’s conformance with the Aged Care Quality Standards);
(g) any information included in an audit referred to in section 110‑38 of this instrument (relating to an entity’s conformance with the Aged Care Quality Standards);
(h) any information relating to a compliance notice given under section 481 or 482 of the Act, including:
(i) the date the compliance notice was sent to the provider;
(ii) brief details of the non‑compliance or possible non‑compliance;
(iii) action that the provider must take, or refrain from taking, to address the non‑compliance or possible non‑compliance;
(iv) the period within which the provider must take, or refrain from taking, the action to address the non‑compliance or possible non‑compliance;
(v) whether the System Governor or the Commissioner (as applicable) is satisfied that the provider has complied with the compliance notice;
(vi) whether the compliance notice is varied or revoked;
(i) any information included in an annual activity report referred to in section 166‑725 of this instrument (relating to MPSP reporting);
(j) any information included in an annual statement of financial compliance and income and expenditure referred to in section 166‑730 of this instrument (relating to MPSP reporting);
(k) any information included in a service demographics report referred to in section 166‑735 of this instrument (relating to MPSP reporting).
Note: See also subsection 545(2) of the Act, which relates to not publishing certain personal information.
For the purposes of paragraph 546(1)(l) of the Act, this Division prescribes matters, about which the Commissioner may publish information, relating to funded aged care services delivered in a particular residential care home or home or community setting by a particular registered provider.
For funded aged care services delivered in a particular residential care home, the matters are matters included in or related to the final assessment report of a home assessment of the home, including, but not limited to, the following:
(a) the report’s findings;
(b) information considered in reaching those findings;
(c) the grade assigned for conformance with the Aged Care Quality Standards for the registered provider’s delivery of funded aged care services in the approved residential care home.
For funded aged care services delivered in a particular residential care home or home or community setting, the matters are matters included in or related to a final audit report of an entity’s ability to conform with the Aged Care Quality Standards, including, but not limited to, the following:
(a) the name of the entity to which the final audit report relates;
(b) the date of completion of the final audit report;
(c) a summary of the outcome of the audit including the grade assigned for conformance with the Aged Care Quality Standards (as outlined in the audit methodology);
(d) to the extent that the audit relates to services delivered in a particular approved residential care home:
(i) the name of the approved residential care home; and
(ii) the date of completion of the home assessment conducted in accordance with subsection 110‑26(2); and
(iii) a summary of the outcome of the home assessment, including the grade assigned (as outlined in the audit methodology) for conformance with any of the Aged Care Quality Standards assessed at the approved residential care home.
Note: Home assessment outcomes about an approved residential care home in which funded aged care services are delivered by a registered provider may be published before the completion of the final audit report (see section 546‑10).
This Chapter provides for the reconsideration and review of certain decisions made by the Commissioner, System Governor and the Pricing Authority under this instrument.
It also provides for application fees and fees for services provided by the System Governor, Commissioner and Complaints Commissioner.
The following table prescribes decisions and entities for the purposes of table item 31 in subsection 556(1) of the Act.
1 | A decision under subsection 507‑20(3) of this instrument to not make a requested correction to information that is included in the register of banning orders in relation to an entity | The entity |
2 | A decision under subsection 507‑25(5) of this instrument not to make a proposed correction, or to make a different correction, to information that is included in the register of banning orders in relation to an entity | The entity |
The following table prescribes decisions and entities for the purposes of table item 44 in section 557 of the Act.
1 | A decision under subsection 166‑335(7) of this instrument to approve a person to audit a registered provider’s care minutes performance statement | The registered provider |
2 | A decision under subsection 166‑350(2) of this instrument to approve a person to audit a registered provider’s general purpose financial report | The registered provider |
3 | A decision under subsection 166‑355(3) of this instrument to determine a period of 12 months, other than the financial year, to be a registered provider’s reporting period | The registered provider |
4 | A decision under subsection 166‑385(2) of this instrument to approve a person to audit a registered provider’s annual prudential compliance statement | The registered provider |
5 | A decision under subsection 175‑25(1) of this instrument to refuse to grant an exemption from subsection 175(1) of the Act to a registered provider in relation to a residential care home | The registered provider |
6 | A decision under subsection 175‑50(1) of this instrument to revoke a registered provider’s exemption from subsection 175(1) of the Act in relation to a residential care home | The registered provider |
7 | A decision under paragraph 197‑10(1)(a) of this instrument to determine an individual’s fortnightly total income amount, fortnightly total essential expenses or fortnightly remaining income amount | Each of the following:
(b) the registered provider delivering funded aged care services to the individual |
8 | A decision under paragraph 197‑10(1)(b) of this instrument to determine the day a determination made under subsection 197‑10(1) takes effect | Each of the following:
(b) the registered provider delivering funded aged care services to the individual |
9 | A decision under paragraph 197‑10(1)(c) of this instrument to determine the period for which a determination made under subsection 197‑10(1) is in effect | Each of the following:
(b) the registered provider delivering funded aged care services to the individual |
10 | A decision under subsection 197‑20(1) of this instrument to vary or revoke a home or community fee reduction supplement determination | Each of the following:
(b) the registered provider delivering funded aged care services to the individual |
11 | A decision under subsection 211‑20(5) of this instrument on an application by a registered provider to determine an amount for an individual who has the classification level AT High for the classification type short‑term for the service group assistive technology | Each of the following:
(b) the registered provider |
12 | A decision to refuse to make a determination under subsection 230‑30(1) of this instrument that an approved residential care home is a significantly refurbished home | The registered provider |
13 | A decision to refuse to make a determination under subsection 230‑35(1) of this instrument that an approved residential care home of a registered provider is a significantly refurbished home | The registered provider |
14 | A decision under paragraph 230‑35(5)(a) of this instrument that the System Governor is not satisfied, as referred to in paragraph 230‑35(1)(b), that an approved residential care home of a registered provider meets the requirements in paragraphs 230‑35(3)(a) to (h) | The registered provider |
15 | A decision under paragraph 231‑17(1)(a) of this instrument to determine an individual’s daily total essential expenses, daily remaining income amount, unreduced daily amount of the resident contribution and reduced daily amount of the resident contribution | Each of the following:
(b) the registered provider delivering funded aged care services to the individual |
16 | A decision under paragraph 231‑17(1)(b) of this instrument to determine the day a determination made under subsection 231‑17(1) takes effect | Each of the following:
(b) the registered provider delivering funded aged care services to the individual |
17 | A decision under paragraph 231‑17(1)(c) of this instrument to determine the period for which a determination made under subsection 231‑17(1) is in effect | Each of the following:
(b) the registered provider delivering funded aged care services to the individua |
18 | A decision under subsection 231‑19(1) of this instrument to vary or revoke a residential care fee reduction supplement determination | Each of the following:
(b) the registered provider delivering funded aged care services to the individual |
19 | A decision under subsection 246A‑5(2) of this instrument to determine that a judgment or settlement is to be treated as having taken into account the future costs of delivering funded aged care services to an individual, and the part of the compensation under the judgment or settlement that is to be treated as relating to those future costs | The individual |
20 | A decision under subsection 246A‑5(3) of this instrument to determine the part of the compensation that is to be treated as relating to the future costs of delivering funded aged care services to an individual | The individual |
21 | A decision under paragraph 263‑10(3)(b) of this instrument not to approve the proposed transfer of a service delivery branch of a registered provider to another registered provider | Each registered provider |
The following table prescribes decisions and entities for the purposes of the table item 2 in section 558 of the Act.
1 | A decision under subsection 290‑30(4) that the Pricing Authority is not satisfied of the matters referred to in paragraph 290‑30(3)(b) in relation to information given by a registered provider | The registered provider |
(1) For the purposes of subparagraph 597(d)(i) of the Act, the circumstances specified in column 2 of an item of the following table are prescribed for the fee specified in column 1 of the item.
1 | the application fee prescribed in section 104-5 of this instrument for an application made by an entity under section 104 of the Act to be registered as a registered provider |
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2 | the application fee prescribed in section 107-5 of this instrument for an application made by a registered provider under section 107 of the Act to renew the provider’s registration |
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3 | the application fee prescribed in section 111-5 of this instrument for an application made by an entity under section 111 of the Act to approve a residential care home in relation to the entity |
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4 | the application fee prescribed in section 124-5 of this instrument for an application made by a registered provider under section 124 of the Act to vary the provider’s registration |
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5 | the application fee prescribed in section 124-10 of this instrument for an application made by a registered provider under section 124 of the Act to vary the provider’s registration |
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(1) For the purposes of subparagraph 597(d)(ii) of the Act, the circumstances specified in subsections (2) and (3) are prescribed for a fee for an application specified in subsection (5).
Circumstances for full refund
(2) The circumstances in which a fee specified in subsection (5) may be refunded in whole in relation to an application and an entity are that:
(a) either or both of the following apply:
(i) the entity makes the application in a form other than the approved form; or
(ii) the entity fails to include information in the application that is required under the Act to be included; and
(b) the entity pays the applicable fee in relation to the application.
Circumstances for partial refund
(3) The circumstance in which a fee specified in subsection (5) may be refunded in part in relation to an application and an entity is that both of the following apply:
(a) the entity makes the application;
(b) the entity pays an amount which exceeds the applicable fee in relation to the application.
(4) If subsection (3) applies in relation to an application and an entity, the amount by which the amount referred to in paragraph (3)(b) exceeds the applicable fee may be refunded.
Fees for which circumstances apply
(5) For the purposes of subsections (2) and (3), the fees are the following:
(a) for an application made under section 104 of the Act—the application fee prescribed in section 104-5 of this instrument;
(b) for an application made under section 107 of the Act—the application fee prescribed in section 107-5 of this instrument;
for an application made under section 111 of the Act—the application fee prescribed in section 111-5 of this instrument;
for an application made under section 124 of the Act—the application fee prescribed in section 124-5 of this instrument;
for an application made under section 124 of the Act—the application fee prescribed in section 124-10 of this instrument.
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