EXPLANATORY STATEMENT
Issued under the authority of the Minister for Mental Health and Ageing
Aged Care Act 1997
Aged Care (Amount of Flexible Care Subsidy – Innovative Care Service – Congress Community Development and Education Unit Ltd) Determination 2012 (No. 1)
The Aged Care Act 1997 (the Act) provides for the regulation and 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.
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. One such pilot service is provided by Congress Community Development and Education Unit Ltd (the approved provider). Since August 2009, this approved provider has provided care to people from Aboriginal and Torres Strait Islander communities through 12 flexible care places at Dija Meta Aged and Disabled Hostel. These places ceased on 30 June 2012.
However, under the Aged Care Innovative Pool a further 12 places have been temporarily allocated to the approved provider. These places have been allocated for six months with effect from 1 July 2012 to facilitate the smooth transition of care recipients receiving care under the pilot to other types of aged care.
Subsection 52-1(1) of the Act provides that the amount of flexible care subsidy that is payable in respect of a day is the amount determined by the Minister by legislative instrument or worked out in accordance with a method determined by the Minister by legislative instrument.
The Aged Care (Amount of Flexible Care Subsidy – Innovative Care Service – Congress Community Development and Education Unit Ltd) Determination 2012 (No. 1) (the Determination) will provide for payment of flexible care subsidy in respect of these places from 1 July 2012 to 31 December 2013. The rate of subsidy is identical to the subsidy previously paid in respect of this pilot program under the Aged Care (Amount of Flexible Care Subsidy – Innovative Care Service – Congress Community Development and Education Unit Ltd) Determination 2011 (No. 1).
Consultation
The Department undertook extensive consultation with the approved provider on the temporary allocation of flexible care places in respect of this service and the funding requirements.
This Determination commences on 1 July 2012 and ceases on 31 December 2012.
The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Aged Care (Amount of Flexible Care Subsidy – Innovative Care Service – Congress Community Development and Education Unit Ltd) Determination 2012 (No. 1)
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of Legislative Instrument
The purpose of the Aged Care (Amount of Flexible Care Subsidy – Innovative Care Service – Congress Community Development and Education Unit Ltd) Determination 2012 (No. 1) (the Determination) is to provide for payment of flexible care subsidy in respect of the places allocated to the approved provider through the Aged Care Innovative Pool 2012-13 until 31 December 2012. This will facilitate the smooth transition of care recipients receiving care under the pilot program to other types of aged care.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Mark Butler
Minister for Mental Health and Ageing