Overview

The Aged Care (Amount of Flexible Care Subsidy — Innovative Care Service — Congress Community Development and Education Unit Ltd) Determination 2009 (No. 1) was enacted to address a specific funding need for innovative aged care services provided to Aboriginal and Torres Strait Islander communities. This Determination was made under the Aged Care Act 1997 by the Minister for Ageing, and it sets the amount of flexible care subsidy for a day in respect of places allocated to Congress Community Development and Education Unit Ltd through the Aged Care Innovative Pool 2008-09. The policy objective behind this Determination is to facilitate the development of innovative aged care services that meet the specific needs of Aboriginal and Torres Strait Islander people, as well as to ensure a smooth transition of care services from the previous operator to the new approved provider. The Determination revokes a previous, unregistered Determination made on 6 July 2009, and it will commence on the date when Congress Community Development and Education Unit Ltd takes over the provision of aged care at Dija Meta Aged and Disabled Hostel.

Scope and Application

The Aged Care (Amount of Flexible Care Subsidy — Innovative Care Service — Congress Community Development and Education Unit Ltd) Determination 2009 applies specifically to the approved provider, Congress Community Development and Education Unit Ltd, which has been approved to deliver flexible aged care services under the Aged Care Act 1997. This Determination sets the amount of flexible care subsidy for the innovative care service that this provider offers to Aboriginal and Torres Strait Islander people through 12 flexible care places at the Dija Meta Aged and Disabled Hostel, effective from the date the provider takes over the operation of the hostel. The Determination is based on the need for innovative services to address specific categories as targeted in the Aged Care Innovative Pool 2008-09, a program that facilitates the development of new services in partnership with other stakeholders. This Determination revokes the previous determination made on 6 July 2009, which was not registered on the Federal Register of Legislative Instruments, ensuring the current Determination is effective from the date of commencement without any disadvantage to the approved provider or care recipients. The Department undertook extensive consultation with the approved provider to establish the service and determine the funding requirements, ensuring that the implementation of this Determination is well-supported and aligned with the goals of the Aged Care Act 1997.

Key Provisions

The main operative sections of the Aged Care (Amount of flexible care subsidy — Innovative Care Service — Congress Community Development and Education Unit Ltd) Determination 2009 (No. 1) are sections 52-1(1)(b) and 52-1(2) of the Aged Care Act 1997, which empower the Minister to set the method and rates for calculating the flexible care subsidy. This Determination specifically establishes the amount of subsidy payable per day for places allocated to Congress Community Development and Education Unit Ltd through the Aged Care Innovative Pool for the 2008-09 period. This pilot service, aimed at providing care to people from Aboriginal and Torres Strait Islander communities, will be operational until 5 July 2010. The Determination will take effect from the date Congress Community Development and Education Unit Ltd begins providing aged care services at Dija Meta Aged and Disabled Hostel, which previously operated under Aborigines and Islanders Alcohol Relief Services Ltd. Under this Determination, Congress Community Development and Education Unit Ltd, as an approved provider of flexible aged care services, is eligible to receive the specified flexible care subsidy for each day it operates within the terms of the Determination. The provider must ensure that the care provided to the twelve flexible care places is consistent with the objectives of the Aged Care Innovative Pool, which aims to develop innovative services in partnership with various stakeholders, including State and Territory Governments and other aged care providers. The Department of Health and Ageing has consulted extensively with the approved provider to establish the service and determine the funding requirements, ensuring that the transition from the previous operator to Congress Community Development and Education Unit Ltd is seamless and beneficial. The Determination also outlines that it will not be retrospective in a manner that disadvantages the approved provider, care recipients, or any other person, thereby facilitating a smooth transition of services. Additionally, it revokes a previous Determination made on 6 July 2009, which had not been registered on the Federal Register of Legislative Instruments. This revocation is intended to align with the current funding and operational requirements set out in this Determination. Regarding the consequences of breaching the terms of this Determination, the Aged Care Act 1997 provides various enforcement mechanisms. Although specific offences and penalties are not detailed in the Explanatory Statement, breaches of the Act could result in civil or criminal penalties. These may include fines, imprisonment, or other penalties as prescribed by law. The precise penalties would depend on the nature and severity of the breach, and would be determined in accordance with the relevant provisions of the Act and other applicable legislation. The Act also allows for the Minister to take corrective actions to ensure compliance with the Determination.