Aged Care (Allocation of Multi-Purpose Service Program Places for 2025-2026) Determination 2026

Overview

The Aged Care (Allocation of Multi-Purpose Service Program Places for 2025-2026) Determination 2026, enacted under the Aged Care Act 2024, aims to address the need for a clear allocation of places for the delivery of funded aged care services through the Multi-Purpose Service Program (MPSP) for the 2025-2026 financial year. This determination is made by the Minister for Aged Care and Seniors, as per subsection 94(1) of the Act, and it ensures the alignment of service provision with government priorities and community needs. The MPSP is designed to provide integrated health and aged care services in rural and remote areas, and this annual allocation of places is crucial for maintaining the effectiveness and responsiveness of the program. The determination process involved consultation with State and Territory governments, MPSP providers, and relevant stakeholders, indicating a commitment to collaborative decision-making. This Determination is exempt from disallowance under the Legislation Act 2003, safeguarding the process from legislative challenges that could disrupt the allocation of places and the provision of aged care services. The determination comes into effect on the day after its registration on the Federal Register of Legislation, ensuring timely implementation of the allocation plan.

Scope and Application

The Aged Care (Allocation of Multi-Purpose Service Program Places for 2025-2026) Determination 2026 applies to entities participating in the Multi-Purpose Service Program (MPSP) under the Aged Care Act 2024. This determination specifies the number of places available for allocation in the 2025-2026 financial year for the delivery of funded aged care services through the residential care service group within the MPSP. The Act applies to entities that deliver aged care services in rural and remote areas, ensuring that service provision aligns with government priorities and community needs. The Determination is made under subsection 94(1) of the Aged Care Act 2024 and is not subject to disallowance, allowing the Minister to determine the number of places available for allocation without the risk of uncertainty that could impede service delivery. This Determination ensures that the System Governor can allocate places to entities to facilitate access to funded aged care services in accordance with the decisions of the Expenditure Review Committee. The Aged Care (Allocation of Multi-Purpose Service Program Places for 2025-2026) Determination 2026 has a national jurisdictional reach, applying to entities across Australia involved in the MPSP. There are no stated exclusions or exemptions in this Determination, although it does rely on the conditions set out in the Aged Care Act 2024 and the Aged Care Rules 2025. The Determination is a legislative instrument for the purposes of the Legislation Act 2003 and is exempt from disallowance, ensuring that the Minister's decisions are effective in managing government spending and administration resources in line with the annual Budget process. The details of the places available for allocation, all designated for residential care homes, are provided in Attachment A to the Determination.

Key Provisions

The Aged Care (Allocation of Multi-Purpose Service Program Places for 2025-2026) Determination 2026 primarily serves to specify the number of available places for the delivery of funded aged care services in the financial year 2025-2026. According to Section 5 of the Determination, a total of 100 places will be allocated for residential care homes, as detailed in Section 7 of the Aged Care Act 2024. This allocation is aimed at ensuring that the provision of integrated health and aged care services aligns with government priorities and community needs. The determination is made under the authority of subsection 94(1) of the Aged Care Act 2024, which allows the Minister to determine the number of available places for allocation in a given financial year. Entities, specifically those delivering funded aged care services through the Multi-Purpose Service Program (MPSP), are required to comply with the number of places allocated by this Determination. The Department of Health, Disability and Ageing has consulted with various stakeholders, including State and Territory governments, MPSP providers, and relevant stakeholders, to ensure that the proposed number of places for allocation in 2025-26 is appropriate. These entities must adhere to the conditions outlined in section 99 of the Aged Care Act 2024 and section 99-5 of the Aged Care Rules 2025 regarding the allocation of specific places. Additionally, the System Governor can only allocate a place to an entity for the delivery of funded aged care services when the Minister has determined a place is available for allocation under subsection 94(1) of the Act. The Determination is subject to certain legislative constraints. Section 42 of the Legislation Act 2003, which allows for the disallowance of legislative instruments, does not apply to this Determination. This exemption is justified on the basis that the Determination serves as an internal tool to manage government spending and administration resources in accordance with decisions made through the annual Budget process. Ensuring that the determination is exempt from disallowance minimises the risk of uncertainty that would arise if the determination was disallowed and the Minister could not determine the number of places available for allocation, leaving the System Governor unable to allocate places to entities to facilitate access to funded aged care services. Any breaches or non-compliance with the terms of this Determination may result in administrative or legal consequences, although specific penalties are not detailed within the Determination itself.