Residential Care Subsidy Amendment Principles 2006 (No. 1) (Cth)
Residential Care Subsidy Amendment Principles 2006 (No. 1)
Aged Care Act 1997
I, SANTO SANTORO, Minister for Ageing, make these Principles under subsection 96-1 (1) of the Aged Care Act 1997.
Dated 30 June 2006
SANTO SANTORO
Minister for Ageing
Name of Principles
These Principles are the Residential Care Subsidy Amendment Principles 2006 (No. 1).
Commencement
These Principles commence, or are taken to have commenced, as follows:
(a) on 19 February 2005 — sections 1 to 3 and Schedule 1;
(b) on the day after they are registered — Schedule 2.
Amendment of Residential Care Subsidy Principles 1997
Schedules 1 and 2 amend the Residential Care Subsidy Principles 1997.
Schedule 1 Amendments taken to have commenced on 19 February 2005
(section 3)
[1] After subsection 21.26E (2)
insert
(2A) To avoid doubt, for paragraph 2 (b), in relation to a payment period, if an approved provider has, before the beginning of an earlier payment period, given the Secretary a notice in writing that includes:
(a) a statement to the effect that the approved provider has encouraged, or is taken to have encouraged, staff training at the residential care service in the relevant calendar year; and
(b) information about the training opportunities that were offered by the approved provider to staff at the residential care service in the relevant calendar year;
then the approved provider is taken also to have given that notice to the Secretary before the beginning of the later payment period.
[2] After subsection 21.26F (2)
insert
(2A) To avoid doubt, for paragraph (2) (b), in relation to a payment period, if an approved provider has, before the beginning of an earlier payment period, given the Secretary a notice in writing that includes a statement to the effect that the approved provider:
(a) has complied with paragraph (2) (a) for the relevant financial year; or
(b) is taken to have complied with paragraph (2) (a) for the relevant financial year;
then the approved provider is taken also to have given that notice to the Secretary before the beginning of the later payment period.
Schedule 2 Amendments commencing on the day after registration
(section 3)
[1] Subsection 21.26B (1), definition of financial period, paragraph (a)
substitute
(a) unless paragraph (b) applies:
(i) the period of thirteen months beginning on 1 November 2005; or
(ii) the period of eleven months beginning on 1 December 2006; or
(iii) the period of 12 months beginning on 1 November in any other year; or
[2] Subsection 21.26B (1), definition of financial period, paragraph (b)
omit
of twelve months
[3] Subsection 21.26B (1), definition of previous financial year
substitute
previous financial year, in relation to a relevant financial year, means:
(a) unless paragraph (b) applies — the financial year ending most recently before the beginning of the relevant financial year; or
(b) if, under paragraph (2) (c), the Secretary determines another period in place of the financial year ending most recently before the beginning of the relevant financial year — that other period.
[4] Subsection 21.26B (1), definition of relevant financial year, paragraph (b)
omit
period of 12 months
insert
period of not more than 12 months
[5] Subsection 21.26B (1), definition of training period, paragraph (b)
omit
of 12 months
[6] Subsection 21.26B (2), including the note
substitute
(2) The Secretary may determine for an approved provider:
(a) for paragraph (b) of the definition of financial period, if the Secretary is satisfied, on reasonable grounds, that it would be impracticable for the approved provider to comply with the requirements of section 21.26F in relation to the period mentioned in paragraph (a) of that definition — another period; or
(b) for paragraph (b) of the definition of relevant calendar year, if the Secretary is satisfied, on reasonable grounds, that it would be impracticable for the approved provider to comply with the requirements of section 21.26E in relation to the period mentioned in paragraph (a) of that definition — another period of 12 months; or
(c) for paragraph (b) of the definition of relevant financial year, if the Secretary is satisfied, on reasonable grounds, that it would be impracticable for the approved provider to comply with the requirements of section 21.26F in relation to the period mentioned in paragraph (a) of that definition — another period of not more than 12 months; or
(d) for paragraph (b) of the definition of training period, if the Secretary is satisfied, on reasonable grounds, that it would be impracticable for the approved provider to comply with the requirements of section 21.26E in relation to the period mentioned in paragraph (a) of that definition — another period.
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