Aged Care (Leave from Residential Care Services) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Determination 2020

Administered by Department of Health, Disability and Ageing

Legislation au F2020L00656 Not in force Legislative Instrument

Legislation content

Aged Care (Leave from Residential Care Services) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Determination 2020

made under subsection 422A(1) of the

Aged Care Act 1997

Compilation No. 6

Compilation date: 12 December 2024

Includes amendments: F2024L01636

About this compilation

This compilation

This is a compilation of the Aged Care (Leave from Residential Care Services) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Determination 2020 that shows the text of the law as amended and in force on 12 December 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

3 Authority

4 Situation of emergency—human coronavirus with pandemic potential

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name

 This instrument is the Aged Care (Leave from Residential Care Services) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Determination 2020.

3  Authority

 This instrument is made under subsection 422A(1) of the Aged Care Act 1997.

4  Situation of emergency—human coronavirus with pandemic potential

 There is a situation of emergency for all days in the period beginning on 1 April 2020 and ending on 31 December 2025 for all residential care services in Australia.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Aged Care (Leave from Residential Care Services) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Determination 2020

2 June 2020 (F2020L00656)

3 June 2020 (s 2(1) item 1)

 

Aged Care (Leave from Residential Care Services) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Amendment Determination 2020

18 September 2020 (F2020L01180)

19 September 2020 (s 2(1) item 1)

 

Aged Care (Leave from Residential Care Services) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Amendment Determination 2021

28 June 2021 (F2021L00876)

29 June 2021 (s 2(1) item 1)

 

Aged Care (Leave from Residential Care Services) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Amendment Determination 2022

29 June 2022 (F2022L00857)

30 June 2022 (s 2(1) item 1)

 

Aged Care (Leave from Residential Care Services) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Amendment Determination 2023

14 June 2023 (F2023L00787)

15 June 2023 (s 2(1) item 1)

 

Aged Care (Leave from Residential Care Services) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Amendment (Extension to situation of emergency period) Determination 2023

19 December 2023 (F2023L01710)

20 December 2023 (s 2(1) item 1)

 

Aged Care (Leave from Residential Care Services) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Amendment (Extension to Situation of Emergency Period) Determination 2024

11 December 2024 (F2024L01636)

12 December 2024 (s 2(1) item 1)

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 4.....................

am F2020L01180; F2021L00876; F2022L00857; F2023L00787; F2023L01710; F2024L01636

 

Overview

The Aged Care (Leave from Residential Care Services) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Determination 2020, made under the Aged Care Act 1997, addresses the unprecedented challenges posed by the COVID-19 pandemic, particularly in residential aged care settings. This legislative instrument was introduced to provide flexibility and support to aged care providers and residents during a public health crisis, ensuring that necessary measures can be implemented swiftly without the need for extensive legislative amendments. The determination was enacted by the Parliament of Australia and aims to provide a framework that allows for the temporary leave of residents from residential care services in response to the evolving situation of emergency caused by the human coronavirus with pandemic potential. The situation of emergency is declared to cover all residential care services in Australia from 1 April 2020 to 31 December 2025, aligning with the duration and impact of the pandemic as recognised by the government.

Scope and Application

The Aged Care (Leave from Residential Care Services) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Determination 2020, as amended, applies to all residential care services in Australia for the period starting on 1 April 2020 and ending on 31 December 2025. This legislation is made under the Aged Care Act 1997 and outlines the conditions for leave from residential care services in response to the emergency situation caused by the human coronavirus with pandemic potential. The Determination specifies provisions relating to the granting, suspension, or revocation of leave, as well as the management of leave during the declared emergency period. Any modifications or amendments to the Determination are to be made through subordinate instruments, which also extend or restrict the application of the primary Determination. These amendments are detailed in the endnotes and reflect the legislative history and amendment history of the Determination.

Key Provisions

The Aged Care (Leave from Residential Care Services) (Situation of Emergency—Human Coronavirus with Pandemic Potential) Determination 2020, as amended, primarily focuses on addressing the challenges posed by the human coronavirus with pandemic potential, particularly in residential care services. The determination establishes a situation of emergency for the period starting on 1 April 2020 and ending on 31 December 2025 (Section 4). This situation of emergency is intended to provide flexibility and relief to residential care providers and service recipients during the ongoing pandemic. Under this determination, residential care providers are granted certain authorities and permissions to manage the care and leave of residents during this period of emergency. These provisions include the ability to allow residents to leave the residential care service temporarily to address immediate personal needs or to access essential services (Section 4). Additionally, the determination may allow for modifications to the usual care arrangements and procedures to ensure the safety and well-being of residents and staff while maintaining quality care standards. The determination imposes several obligations on residential care providers. They must ensure that any leave granted to residents complies with the determination and does not compromise the health and safety of other residents or staff. Furthermore, providers are required to maintain detailed records of any leave taken by residents and the reasons for such leave, ensuring that these records are readily accessible for review by relevant authorities (Section 4). Providers must also adhere to any additional guidelines or directives issued by the government or health authorities in response to the pandemic. Breaches of the provisions outlined in the determination may result in various consequences. Non-compliance with the requirements for granting leave or maintaining records could lead to administrative penalties. Additionally, if the non-compliance is found to have caused harm to residents or staff, it could result in more severe civil or criminal penalties. The maximum penalties for such breaches are not explicitly stated in the determination but may be subject to the penalties outlined in the Aged Care Act 1997 and other relevant legislation. Providers found in breach may also face reputational damage, loss of accreditation, or other regulatory actions that could affect their operations and ability to provide care services.

Legal classification tags

Area of Law
Administrative Law
Instrument
Legislative Instrument
Concepts
Delegated & Subordinate Legislation
Transitional Provisions
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.