ACA. Ch.3 No. 15 / 2002
AGED CARE ACT 1997
Determination of amount of flexible care subsidy under section 52-1
for pilot services in NSW
I, KEVIN JAMES ANDREWS, Minister for Ageing, acting under paragraph 52-1(1)(a) and subsection 52-1(2) of the Aged Care Act 1997, DETERMINE that the amount of
FLEXIBLE CARE SUBSIDY payable in respect of a day and based on the following
matters is as set out below:
For the kind of care specified in paragraph 15.24(1)(b) of the Flexible Care Subsidy
Principles, where this is in accordance with the joint initiatives agreed between the
Department of Health and Ageing, NSW Health and the Approved Providers listed below, the rate of Flexible Care Subsidy per place per day, commencing on 1 July 2002 or thereafter, is
as follows:
Pilot service | Rate of flexible care subsidy | Approved Provider |
Central Sydney ICRS Pilot “Up and at ‘Em” | $65.80 | Uniting Church in Australia Property Trust (NSW) through Lucan Care |
Newcastle Innovative Care Enablement (NICE) Service | $102.00 | Baptist Community Services |
Northern Sydney Innovative Care Rehabilitation Service (NSICRS) pilot | $73.65 | NSW Government |
For the kind of care specified in paragraph 15.24(1)(d) of the Flexible Care Subsidy
Principles, where this is in accordance with the joint initiatives agreed between the
Department of Health and Ageing, NSW Health and the Approved Providers listed below, the
rate of Flexible Care Subsidy per place per day, commencing on 1 July 2002 or thereafter, is
as follows:
Pilot service | Rate of flexible care subsidy | Approved Provider |
Central Coast Short Term Intensive Community Care and Support (STICCS) | $85.61 | Hammond Care Group |
Greater Murray Dementia Care (GMADC) pilot | $92.46 | NSW Government |
Northern Rivers Mobile Dementia Rehabilitation Service (NRMDRS) | $83.47 | NSW Government |
Dated this 25th day of June 2002
KEVIN ANDREWS
Minister for Ageing
Overview
The Aged Care Act 1997 was enacted to provide a comprehensive framework for the delivery of aged care services in Australia, aiming to ensure that older Australians receive quality care tailored to their needs. This Act was introduced to address the gaps in the aged care system, particularly in ensuring that services were accessible, affordable, and of high quality. The determination under section 52-1 of the Aged Care Act 1997, made by Kevin James Andrews, the Minister for Ageing, sets specific rates for the flexible care subsidy for pilot services in New South Wales, effective from 1 July 2002. This legislative instrument aims to support innovative care models by providing financial subsidies to approved providers for certain types of care, ensuring these services can be offered at a sustainable cost while maintaining quality standards. The policy objective is to enhance the flexibility and range of care options available to the elderly population.
Scope and Application
The Aged Care Act 1997 applies to the provision of aged care services within Australia, with the legislation governing the funding and delivery of these services to ensure the welfare of older Australians. This particular legislative instrument focuses on determining the amount of flexible care subsidy for specific pilot services in New South Wales (NSW), which are provided in accordance with joint initiatives between the Department of Health and Ageing, NSW Health, and approved providers. The subsidy rates are set for different types of pilot services such as the Central Sydney ICRS Pilot, Newcastle Innovative Care Enablement (NICE) Service, Northern Sydney Innovative Care Rehabilitation Service (NSICRS) pilot, Central Coast Short Term Intensive Community Care and Support (STICCS), Greater Murray Dementia Care (GMADC) pilot, and Northern Rivers Mobile Dementia Rehabilitation Service (NRMDRS). Each pilot service has a distinct approved provider, and the subsidy rates are specified per place per day, effective from 1 July 2002. The legislation does not specify exclusions or exemptions but operates within the broader framework of the Aged Care Act 1997, which may include other provisions governing aged care services and their delivery.
Key Provisions
The Aged Care Act 1997, as amended, includes provisions that allow the Minister for Ageing to determine the amount of Flexible Care Subsidy payable for specific pilot services in New South Wales. Section 52-1 of the Act permits the Minister to establish these rates based on agreements between the Department of Health and Ageing, NSW Health, and approved providers (sections 52-1(1)(a) and 52-1(2)). The rates are determined for particular types of care as outlined in the Flexible Care Subsidy Principles (section 15.24). These rates are applicable from 1 July 2002 or later, and are set for different pilot services such as the Central Sydney ICRS Pilot, Newcastle Innovative Care Enablement (NICE) Service, Northern Sydney Innovative Care Rehabilitation Service (NSICRS) pilot, Central Coast Short Term Intensive Community Care and Support (STICCS), Greater Murray Dementia Care (GMADC) pilot, and Northern Rivers Mobile Dementia Rehabilitation Service (NRMDRS).
The Act imposes obligations on the approved providers to deliver care in accordance with the agreements made with the Department of Health and Ageing and NSW Health. These providers must adhere to the specified rates of Flexible Care Subsidy for the respective pilot services. The Department of Health and Ageing and NSW Health are also required to monitor and ensure that the services are provided as per the agreed terms, including the financial aspects outlined in this legislation.
Breaches of the terms outlined in the Act could result in civil or criminal consequences. While the specific penalties are not detailed in the Act, breaches of similar provisions in other sections of the Aged Care Act 1997 could lead to penalties such as fines or, in severe cases, criminal charges. The precise penalties would depend on the nature and severity of the breach, as well as any additional legislation that may apply. It is also possible that the approved providers could face contractual penalties or be removed from the pilot programs if they fail to meet their obligations.