Aged Care Amendment (Extra Service) Act 2005
No. 59, 2005
An Act to amend the Aged Care Act 1997, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Extra service
Aged Care Act 1997
Aged Care Amendment (Extra Service) Act 2005
No. 59, 2005
An Act to amend the Aged Care Act 1997, and for related purposes
[Assented to 26 June 2005]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Aged Care Amendment (Extra Service) Act 2005.
2 Commencement
This Act commences, or is taken to have commenced, on 1 July 2005.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Extra service
Aged Care Act 1997
1 Paragraph 31‑1(a)
Omit “to 34”, substitute “and 33”.
2 Section 31‑2
Repeal the section.
3 Paragraph 33‑1(a)
Repeal the paragraph.
4 Section 33‑2
Repeal the section.
5 Division 34
Repeal the Division.
6 Paragraph 35‑1(2)(c)
Omit “or 34”.
7 Subsection 36‑3(1) (note)
Omit “34‑1(3)”, substitute “32‑9(1)”.
8 Paragraph 63‑1(1)(i)
Repeal the paragraph, substitute:
(i) if the service, or a *distinct part of the service, has *extra service status—to comply with any conditions to which the grant of extra service status is subject under section 32‑8;
9 Section 85‑1 (table item 32)
Repeal the item.
10 Clause 1 of Schedule 1 (definition of expiry date)
Repeal the definition, substitute:
expiry date, in relation to a classification under Part 2.4, means the expiry date fixed under Division 27.
11 Transitional
(1) This item applies to a place included in a residential care service, or a distinct part of a residential care service, for which a determination was in force under section 31‑2 of the Aged Care Act 1997 immediately before 1 July 2005.
(2) The place continues to be an extra service place for the care recipient for whom residential care was being provided, in respect of that place, on an extra service basis immediately before that day during the period:
(a) starting on that day; and
(b) ending at the end of the last day on which the care recipient is provided with residential care in respect of the place.
[Minister’s second reading speech made in—
House of Representatives on 26 May 2005
Senate on 14 June 2005]
Overview
The Aged Care Amendment (Extra Service) Act 2005 was enacted by the Parliament of Australia to address the need for changes and improvements in the provision of extra services within the aged care sector. This legislation aimed to amend the Aged Care Act 1997 by introducing modifications that would enhance the quality and regulation of extra services provided to aged care recipients. The Act, which received assent on 26 June 2005 and commenced on 1 July 2005, focuses on updating and repealing certain sections and definitions within the Aged Care Act 1997 to better align with current standards and practices in aged care service delivery. The policy objective underpinning this Act is to ensure that aged care recipients receive the highest quality of care through the regulation and provision of extra services that meet specific criteria and conditions.
Scope and Application
The Aged Care Amendment (Extra Service) Act 2005 amends the Aged Care Act 1997 to address the provision of extra services in residential care settings for the elderly. The Act applies to residential care services provided by entities authorised under the Aged Care Act 1997, focusing on the conditions and requirements for the provision of extra services to care recipients. This includes the implementation of specific conditions under which extra services can be offered, thereby ensuring that such services meet certain standards and are provided as part of a regulated framework. The Act operates nationally across Australia, as it is an amendment to a Commonwealth Act. There are no specific exclusions or exemptions mentioned in the Act itself, but it does detail the transitional provisions for places that were already classified as extra service places before the Act's commencement. The Act's provisions can be further detailed or modified through subordinate legislation, which allows for the introduction of regulations and guidelines that specify the conditions under which extra services can be offered.
Key Provisions
The Aged Care Amendment (Extra Service) Act 2005 (C2005A00059) makes several amendments to the Aged Care Act 1997. The primary changes are introduced through Schedule 1, which targets specific sections and paragraphs to introduce new provisions and repeal existing ones. For example, paragraph 31-1(a) of the Aged Care Act 1997 is amended to include "and 33" (Schedule 1, item 1). Similarly, section 31-2 is repealed entirely (Schedule 1, item 2). Additionally, paragraph 33-1(a) is repealed (Schedule 1, item 3) along with section 33-2 (Schedule 1, item 4), and division 34 is repealed (Schedule 1, item 5). These changes are aimed at streamlining the services and conditions under which they are provided.
The Act imposes specific obligations on residential care providers and service recipients. For instance, if a service or a distinct part of a service has extra service status, providers must comply with any conditions attached to that status under section 32-8 (Schedule 1, item 8). This ensures that care providers adhere to the required standards and conditions that have been set for services deemed to have extra service status. Furthermore, the definition of "expiry date" is revised to clarify the term in relation to a classification under Part 2.4 (Schedule 1, item 10). This change is intended to provide clearer guidance on when a particular classification expires, affecting the duration and conditions of care services.
In terms of penalties and consequences for non-compliance, the Act does not explicitly state penalties for breaching the new provisions. However, given that these amendments relate to the Aged Care Act 1997, any failure to comply with the new requirements could potentially result in civil or criminal penalties as outlined in the primary Act. Providers found not adhering to the conditions or failing to meet the stipulated obligations may face enforcement actions, which could include fines or other sanctions as determined by relevant authorities. The exact penalties would depend on the specific nature and severity of the breach, as well as the provisions of the Aged Care Act 1997.