Community Care Grant Principles 1997 (Cth)

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Community Care Grant Principles 1997

as amended

made under subsection 96-1 (1) of the

Aged Care Act 1997

This compilation was prepared on 20 March 2008
taking into account amendments up to Community Care Grant Amendment
Principles 2008 (No. 1)

Prepared by the Office of Legislative Drafting and Publication,
Attorney-General’s Department, CanberraContents


Contents

Part 1Preliminary  

11.1Citation [see Note 1]   3

11.2Commencement   3

11.3Definitions   3

Part 2Allocations  

11.4Purpose of Part (Act, s 76-2)   4

11.5Additional criteria   4

Part 3Amounts of grants  

11.6Purpose of Part (Act, s 78-1)   5

11.7Amount of grants   5

Notes    7

Note: Part 5.2 of the Aged Care Act 1997

Part 5.2 of the Aged Care Act 1997 is about the allocation of grants to contribute towards the costs associated with some projects undertaken by approved providers to establish community care services or to enhance their capacity to provide community care.

The Community Care Grant Principles deal with a number of aspects of the allocation and amounts of community care grants.

Part 1                 Preliminary

11.1        Citation [see Note 1]

These Principles may be cited as the Community Care Grant Principles 1997.

11.2        Commencement

These Principles commence on 1 October 1997.

11.3        Definitions

In these Principles:

Act means the Aged Care Act 1997.

GST has the same meaning as in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999

project means a project mentioned in subsection 76-1 (1) of the Act.

service infrastructure, for an approved provider, means the provider’s administrative structure and financial arrangements.

Note:  Definitions

A number of expressions used in these Principles are defined in the Aged Care Act 1997 (see Dictionary in Schedule 1), including:

  • approved provider

  • community care

  • place.

Part 2                 Allocations

11.4        Purpose of Part (Act, s 76-2)

This Part specifies additional criteria for allocation of community care grants.

11.5        Additional criteria

The additional criteria are as follows:

(a)    that the purpose of the project is a purpose mentioned in subsection 76‑1 (1) of the Act;

(c)    whether the approved provider is disadvantaged in meeting the cost of the project because:

(i)    it does not have an established service infrastructure to support the provision of new services; or

(ii)    the project is for an isolated or remote community; or

(iii)    the project is for an Aboriginal or Torres Strait Islander community; or

(iv)    the project is for the provision of a small number of places;

(d)    whether there is a reasonable likelihood of the grant enabling the establishment, or extension to an additional area, of a viable community care service;

(e)    whether the grant will have the effect of enabling the provision of aged care services from the day of approval of recurrent subsidy;

(f)    that the applicant has sufficiently identified each item or cost for which the grant is sought (for example, by firm quotations from suppliers);

(g)    whether the project will confer a significant benefit upon current and future care recipients.

Note 1   For paragraph (g), one way to establish that a project will confer a significant benefit would be to demonstrate that the project is for a service in a priority or high‑need area.

Note 2 Recurrent subsidy is dealt with in Chapter 3 of the Act.

Part 3                 Amounts of grants

Note:  Amounts of Grants

Under section 11.7 of these Principles, the Secretary may have regard to how well the project proposed by an approved provider who has applied for a grant might further the objects of the Act (in comparison with projects proposed by other approved providers who have applied for a grant) in working out the amount of a grant.  As well as the matters mentioned in section 11.7, the making (or ‘allocation’) of a grant is subject to the conditions (if any) determined by the Secretary under subsection 77-1 (2) of the Act.  Those conditions may also require consideration of how well a proposed project might further the objects of the Act.

11.6        Purpose of Part (Act, s 78-1)

This Part provides for matters relevant to the working out of amounts of community care grants.

11.7        Amount of grants

(1)   The maximum amount of a community care grant is the sum of $65 000 and the amount of GST payable by the approved provider on that amount.

(2)   The amount of a community care grant to an approved provider for community care services is the amount (not more than the maximum amount in subsection (1)) the Secretary considers appropriate, having regard to:

(a)    the circumstances of the approved provider; and

(b)    the purposes for which the grant is payable; and

(c)    the location of the community care services; and

(d)    the kinds of people proposed to be provided with community care through the services.

(3)   The approved provider’s circumstances include, for example, the following matters:

(a)    the number of places that will become available to the provider because of the project;

(b)    the capacity of the provider to obtain financial and other kinds of help;

(c)    the provider’s existing service infrastructure (if any);

(d)    the cost to the provider of providing care to particular community care recipients;

(e)    the particular cost factors applying to the provider’s operational environment.

Notes to the Community Care Grant Principles 1997

Note 1

The Community Care Grant Principles 1997 (in force under subsection 96-1 (1) of the Aged Care Act 1997) as shown in this compilation are amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non‑exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Principles

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Community Care Grant Principles 1997 29 Sept 1997
(see Gazette 1997, No. S380)
1 Oct 1997
Community Care Grant Amendment Principles 1999 (No. 1) 7 Apr 1999
(see Gazette 1999, No. S149)
7 Apr 1999
Community Care Grant Amendment Principles 2000 (No. 1) 30 June 2000
(see Gazette 2000, No. S361)
1 July 2000
Community Care Grant Amendment Principles 2008 (No. 1) 19 Mar 2008 (see F2008L00897) 20 March 2008

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Part 1
S. 11.3.................................... am. No. 1, 2000
S. 11.5.................................... am. No. 1, 2008
Part 2
S. 11.5.................................... am. No. 1, 1999; No. 1, 2008
Note to s. 11.5...................... rep. No. 1, 2008
Note 1 to s. 11.5................... ad. No. 1, 2008
Note 2 to s. 11.5................... ad. No. 1, 2008
Part 3
S. 11.7.................................... am. No. 1, 2000; No. 1, 2008
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