EXPLANATORY STATEMENT
AGED CARE ACT 1997 SECTION 44-16(3)
DETERMINATION UNDER SECTION 44-16(3)
(ACA Ch. 3 No. 15/2008)
CONDITIONAL ADJUSTMENT PAYMENT
Subsection 44-16(1) of the aged Care Act 1997 (the Act) provides that the Residential Care Subsidy Principles 1997 may provide for additional primary supplements.
Division 4 of Part 10 of the Residential Care Subsidy Principles 1997 provides that the Conditional Adjustment Payment will paid in respect of a care recipient if the approved provider complies with three requirements, namely that they:
produced a financial report for either the approved provider or the residential care service through which the care recipient receives care, for the previous financial year, in accordance with the accounting standards, had that report audited, and provided a copy of the report for the financial year previous to the previous financial year to:
- any care recipient who received care from the entity covered by the financial report, or their representative, who requested a copy of the report; and
- any prospective care recipient (that is, a person approved to receive residential care) who was considering receiving care from the entity covered by the financial report, or their representative, who requested a copy of the report; and
- any person or agency authorised by the Secretary of the Department of Health and Ageing, who requested a copy of the report.
encouraged workforce training at the residential care service during the previous calendar year; and
participated in the most recent workforce census conducted by the Department of Health and Ageing.
Subsection 44-16(3) of the Aged Care Act 1997 provides that the Minister may determine in writing the amount of additional primary supplements or the way in which the amount of the supplement is to be worked out.
This determination sets the amounts of the Conditional Adjustment Payment, with effect from 1 July 2008, in line with the amount announced in the 2008-09 Budget Papers. It also revokes the previous determination under section 44-16(3) of the amounts of Conditional Adjustment Payment, made on 10 February 2005.
Consultation
Since this instrument is the result of a 2008-09 Budget decision, no specific consultation was undertaken with respect to the instrument.