Accountability Amendment Principles 2008 (No. 1)

Administered by Department of Health, Disability and Ageing

Legislation au F2008L00894 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Ageing

 

Aged Care Act 1997

 

Accountability Amendment Principles 2008 (No. 1)

 

The Aged Care Act 1997 (the Act) provides for the funding of aged care services.  Persons who are approved under the Act to provide residential aged care services (approved providers) can be eligible to receive residential care subsidy payments in respect of the care they provide to approved care recipients. 

 

Subsection 96-1(1) of the Act allows the Minister to make Principles providing for various matters required or permitted by a Part or section of the Act. 

 

One set of Principles made under the Act is the Accountability Principles 1997 (the Accountability Principles).

 

The purpose of the Accountability Amendment Principles 2008 (No. 1) (the Amending Principles) is detailed below.  The Amending Principles are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Accountability Amendment Principles 2008 (No. 1)

 

The Aged Care Amendment (2008 Measures No. 1) Act 2008 amended the Act and related legislation to simplify, and make fairer, the fees and charges paid by residents of aged care facilities as well as the subsidies paid by the Commonwealth Government for residents who cannot fully meet their own care and accommodation costs. 

 

Some more minor changes to the legislation were also made to improve consistency and clarity, address unintended consequences of the operation of the legislation, and streamline the administration of the legislation.  One of these minor amendments was the inclusion of a requirement that approved providers of aged care must notify the Secretary of the Department of Health and Ageing of each care recipient who enters an aged care service (other than for respite care), on or after 20 March 2008.  The purpose of these Amending Principles is to prescribe a time period for such notification.

 

Consultation

The Department of Health and Ageing undertook extensive consultation on the policy that is implemented through the Aged Care Amendment (2008 Measures No. 1) Act 2008 which amends the Act.  These Amending Principles flow from these amendments.

 

Details of the amendments to the Principles are listed at Attachment A.

ATTACHMENT A

NOTES ON CLAUSES

 

Clause 1 states that the name of the amending Principles is the Accountability Amendment Principles 2008 (No. 1).

 

Clause 2 states that the Principles commence on 20 March 2008.

 

Clause 3 states that Schedule 1 amends the Accountability Principles.

 

Schedule 1 Amendments

 

Item 1

Currently Part 3 of the Accountability Principles sets out circumstances in which information must be given to the Minister (and the heading of the Part is “Information to be given to Minister). 

 

As item 3 amends Part 3 to insert a new requirement in relation to the giving of information to the Secretary, Item 1 amends the heading of Part 3 to read “Information to be given to Minister or Secretary”.

 

Item 2

This item amends section 1.14 (which describes the purpose of the Part) in recognition of the expanded purpose of the Part resulting from the inclusion of new section 1.16A (refer Item 3 below).

 

Item 3

Currently, approved providers lodge ‘Resident Entry Records’ with the Department of Health and Ageing in relation to care recipients.  These records tell the Department important information about care recipients who have entered residential care services, and the records also assist in the proper payment of supplements to approved providers.

 

The Aged Care Amendment (2008 Measures No. 1) Act 2008 inserted a new section (section 63-1B) into the Act to make this current practice mandatory. 

 

Section 63-1B of the Act provides that it is the responsibility of an approved provider to notify the Secretary of each care recipient who enters (other than for respite care), on or after 20 March 2008, a residential care service operated by the approved provider.  The notification must be made in the form approved by the Secretary and within the period specified in the Accountability Principles.

 

This item of the Amending Principles inserts a new section (section 1.16A) into the Accountability Principles providing that the period within which an approved provider must notify the Secretary about entry of a care recipient into a residential aged care service is 28 days.

 

Overview

The Aged Care Act 1997 was enacted to facilitate the funding of aged care services, with a focus on providing care to elderly individuals who require assistance with daily living activities. The Accountability Amendment Principles 2008 (No. 1) were introduced to address certain gaps and issues identified in the existing legislation. These amendments were designed to simplify and make fairer the fees and charges for aged care residents and the subsidies paid by the Commonwealth Government. Furthermore, the amendments aimed to enhance consistency, clarity, and administrative efficiency within the aged care framework. One significant change was the requirement for approved providers to notify the Secretary of the Department of Health and Ageing about each care recipient entering an aged care service, excluding respite care, from 20 March 2008. The Accountability Amendment Principles 2008 (No. 1) were made under the authority of the Minister for Ageing and are a legislative instrument for the purposes of the Legislative Instruments Act 2003. The policy objective behind these amendments was to ensure a more streamlined and transparent process for the administration of aged care services in Australia.

Scope and Application

The Aged Care Act 1997 applies to approved providers of residential aged care services, who must comply with the Act to be eligible for residential care subsidy payments for the care they provide to approved care recipients. The Accountability Amendment Principles 2008 (No. 1) amends the Accountability Principles 1997 to include a requirement that approved providers must notify the Secretary of the Department of Health and Ageing of each care recipient who enters an aged care service (other than for respite care) on or after 20 March 2008. The Amending Principles prescribe a time period for such notification, which must be made in the form approved by the Secretary and within 28 days. The Act applies to the Commonwealth, and its application may be extended or restricted through subordinate instruments. There are no stated exclusions, exemptions, or thresholds in the Act.

Key Provisions

The main operative sections of the Accountability Amendment Principles 2008 (No. 1) (Amending Principles) are focused on the notification obligations for approved providers of aged care services. Section 1.16A of the Accountability Principles, introduced by the Amending Principles, specifies that approved providers must notify the Secretary of the Department of Health and Ageing of each care recipient who enters a residential aged care service (other than for respite care) within 28 days from the date of entry, as per section 63-1B of the Aged Care Act 1997. This notification is a mandatory requirement and must be made in a form approved by the Secretary. The obligations imposed on the parties governed by the Act are primarily administrative and procedural. Approved providers must ensure that they comply with the notification requirement within the specified timeframe. This includes maintaining accurate records of care recipients' entry dates and ensuring that notifications are sent to the Secretary within the 28-day period. The Department of Health and Ageing is responsible for approving the form of notification and providing guidance to approved providers on how to meet this requirement. Breaches of the notification requirements set out in the Accountability Amendment Principles 2008 (No. 1) can result in civil and criminal consequences. While the Explanatory Statement does not specify the exact penalties, breaches of similar notification obligations under the Aged Care Act 1997 can attract penalties. For example, under section 96-2 of the Act, penalties may include fines of up to $12,600 for individuals and $63,000 for bodies corporate, depending on the severity and frequency of the breach. Furthermore, failure to comply with these requirements can impact the approved provider's eligibility to receive residential care subsidy payments, potentially leading to financial repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.