EXPLANATORY STATEMENT
Aged Care (Conditions of Allocation)
Determination 2006 (No. 2)
The Aged Care (Conditions of Allocation) Determination 2006 (No.2) is made by a delegate of the Secretary under subsection 14-6(1) of the Aged Care Act 1997 (‘the Act’). The determination gives effect to the matters that the Secretary must determine in accordance with sections 4.43 and 4.45 of the Allocation Principles 1997.
Under the Aged Care Act 1997 (the Act), the official notification to an approved provider of the results of the Aged Care Approvals Round, whether they have been successful in being allocated aged care places or not, is the Notification of Allocation made under section 14-8 signed by a delegate of the Secretary. This particular section of the Act also lists the items that the Notification must contain if the provider is successful in being allocated places. One of those items is the conditions to which the allocation is subject.
Sections 14-5 and 14-6 of the Act are the provisions that allow the Secretary to determine conditions that are associated with the allocation of places. Both sections provide examples of the nature and extent of those conditions.
Conditions established under section 14-5 apply to each particular allocation, and therefore only the relevant particular approved provider, and are established by the delegate in the relevant State or Territory Office where the places are to be located.
Conditions established under section 14-6 apply to allocations in general or of a specified kind.
Section 14-6(2) states that in making any determination under section 14-6, the Secretary must have regard to any matters specified in the Allocation Principles. Such matters are listed in sections 4.43 and 4.45 of the Allocation Principles 1997 and are the subject of this determination.
Under Part 4.3 of the Act, it is a responsibility of an approved provider to comply with any conditions to which the allocation of any of the places included in the service is subject under section 14-5 or 14-6.
Consultation
Consultation with approved providers and care recipients was not undertaken as the Determination is of a minor or machinery nature and does not substantially alter existing arrangements. Approved providers have been advised of the same conditions on an individual basis at the point of any new allocation of places.
The Determination is a ‘legislative instrument’ for the purposes of the Legislative Instruments Act 2003. Although the Determination applies to allocations that occurred before or after the Determination is made, this is in accordance with subsection 14-6(3) of the Act and does not contravene subsection 12(2) of the Legislative Instruments Act 2003. The rights of approved providers and care recipients as at the date of registration are not adversely affected by the Determination and the Determination does not impose liabilities on any person in respect of anything done or omitted to be done before the date of registration.