EXPLANATORY STATEMENT

Issued by the authority of the Minister for Ageing

Aged Care Act 1997

Determination under section 52-1

Aged Care (Amount of flexible care subsidy — Innovative Care Service — Congress Community Development and Education Unit Ltd) Determination 2009 (No. 1)

The Aged Care Act 1997 (the Act) provides for the funding of aged care services.  Persons who are approved under the Act to provide flexible aged care services can be eligible to receive flexible care subsidy payments in respect of the care they provide to care recipients.

Paragraph 52-1(1)(b) of the Act provides that the Minister may determine by legislative instrument a method for working out the amount of flexible care subsidy payable in respect of a day.  Subsection 52-1(2) of the Act provides that the Minister may determine rates of flexible care subsidy based on any matters determined by the Minister by legislative instrument.

This Determination sets the amount of flexible care subsidy in respect of a day for places allocated to Congress Community Development and Education Unit Ltd (the approved provider) through the Aged Care Innovative Pool 2008-09.

The Aged Care Innovative Pool allows for the development of innovative services, in partnership with other stakeholders including State and Territory Governments and aged care providers.  Since 2001-02, pilot projects have been approved addressing specific categories that were targeted in a particular year.  The pilot service, provided by the approved provider, will provide care to people from Aboriginal and Torres Strait Islander communities through 12 flexible care places until 5 July 2010.

This Determination will commence on the date when the approved provider takes over the provision of aged care at Dija Meta Aged and Disabled Hostel, previously operated by Aborigines and Islanders Alcohol Relief Services Ltd.  Any retrospectivity of this Determination is not disadvantageous to the approved provider, care recipients or any other person and will enable the smooth transition of services to the new approved provider.

This Determination revokes a previous determination of the amount of flexible care subsidy for this approved provider for the pilot service.  That previous Determination was made on 6 July 2009, but was not registered on the Federal Register of Legislative Instruments.

Consultation

The Department undertook extensive consultation with the approved provider on the establishment of this service and the funding requirements.