EXPLANATORY STATEMENT
Issued by the authority of the Minister for Mental Health and Ageing
Aged Care Act 1997
Advocacy Grant Amendment Principle 2013
The Aged Care Act 1997 (the Act) provides for the regulation and funding of aged care services. Persons who are approved under the Act to provide aged care services (approved providers) can be eligible to receive subsidy payments in respect of the care they provide to approved care recipients.
Section 96-1 of the Act allows the Minister to make Principles providing for various matters required or permitted by a Part or section of the Act. Among the Principles made under section 96-1 are the Advocacy Grant Principles 1997 (the Principles).
Part 5.5 of the Act is about making advocacy grants. Organisations may receive grants to undertake activities to allow care recipients to understand and exercise their rights as care recipients. Part 5.5 of the Act, in combination with the Principles, sets out the requirements for making advocacy grants to organisations.
The purpose of the Advocacy Grant Amendment Principle 2013 (the Amending Principle) is to remove redundant provisions in the Principles. The Department of Health and Ageing (the Department) has implemented a Standard Funding Agreement which provides a consistent set of terms and conditions for all grant recipients and can be tailored to include specific conditions appropriate to a particular grant. With the implementation of the Standard Funding Agreement, the mandatory conditions for advocacy grant agreements currently set out in the Principles are redundant. The Amending Principle therefore repeals both Part 3 of the Principles and the Schedule to the Principles.
The Amending Principle does not affect the legislated criteria that must be taken into account in deciding whether to make an advocacy grant.
The Amending Principle is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Consultation
In April 2012, the Government announced the Living Longer Living Better aged care reform package. This package was developed in close consultation with the aged care sector, including consumers, industry and professional bodies.
As part of the consultation on the proposed changes to the Act, and to delegated legislation, arising from the Living Longer Living Better aged care reforms, the Government communicated its intention to examine the delegated legislation and, where possible, simplify the delegated legislation and remove redundant provisions.
This intent was communicated in November 2012, with the public release of a paper providing an overview of the proposed legislative changes.
A video presentation detailing the changes was also made available through the Living Longer Living Better website, to assist with public understanding of the proposed changes.
During November and December 2012, the Department also held briefing sessions in Melbourne, Sydney and Canberra on the proposed changes. The intention to remove redundant provisions from delegated legislation was discussed at these briefings.
In March and April 2013, the Department held industry briefing sessions across Australia to provide information and to explain, in detail, the proposed legislative changes included in the package of Bills introduced into Parliament on 13 March 2013. As part of these consultations, the intention to remove redundant provisions from the delegated legislation was again discussed. For those who were unable to attend the briefings a copy of the presentation, supporting handouts, a detailed Questions and Answers document and an information video were made available on the Living Longer Living Better website.
An exposure draft of the Amending Principle was made available on the Living Longer Living Better website in May 2013.
Regulation Impact Statement
The Office of Best Practice Regulation has advised that no Regulation Impact Statement is required (OBPR ID 14911).
Commencement
The Amending Principle commences on 1 July 2013.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Advocacy Grant Amendment Principle 2013
The legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Advocacy Grant Principles 1997 (the Principles) refer to and list mandatory matters to which the conditions of an advocacy grant must relate. The purpose of the Advocacy Grant Amendment Principle 2013 (the Legislative Instrument) is to remove these redundant provisions, as matters that are relevant to the advocacy program are provided for in the Department of Health and Ageing’s Standard Funding Agreement.
Human Rights Implications
The Legislative Instrument removes redundant provisions in the Principles to improve the ease of administration of the advocacy program and reduce the regulatory burden on recipients of advocacy grants by improving the readability and succinctness of the legislation. The amendments do not engage any human rights issues.
Conclusion
The Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, as it does not engage any of the applicable rights or freedoms or alter any human rights safeguards currently in place.
The Hon Mark Butler MP
Minister for Mental Health and Ageing