Aged Care (Payroll Tax Supplement) Amendment Determination 2008 (No. 1)

Administered by Department of Health, Disability and Ageing

Legislation au F2008L00816 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Ageing

 

Aged Care Act 1997

 

Aged Care (Payroll Tax Supplement) Amendment Determination 2008 (No.1)

 

The Minister for Ageing makes this Determination under subsection 44-16(3) of the Aged Care Act 1997 (the Act).  The name of this determination is the Aged Care (Payroll Tax Supplement) Amendment Determination 2008 (No.1) (the Amending Determination) which amends the Aged Care (Payroll Tax Supplement) Determination 2001 (the Determination).

 

Background

In the 2004 Budget, measures were announced to implement a new funding model for residential aged care with a reduced number of funding categories for personal care.  The funding model is also designed to better target funding towards the care of care recipients with challenging behaviours related to dementia and complex nursing and health care needs including palliative care.

 

To initiate these changes the Aged Care Funding Instrument (ACFI) will replace the Resident Classification Scale (RCS) as the means of allocating basic subsidy to providers of residential aged care.

 

The purpose of the Amending Determination is to include ACFI classifications in the methodology for calculating the payroll tax supplement.  Other amendments have been included to improve the readability and clarity of the determination, these amendments do not change the substance or operation of the provisions being amended.

 

Consultation

The Department of Health and Ageing has worked closely with a Reference Group to advise on the development of the new funding model.  Members of this reference group include peak industry bodies, consumer bodies, the Aged Care Standards and Accreditation Agency and the Australian Nursing Federation.

 

 

 

NOTES ON CLAUSES

 

Section 1 states that the name of the Determination is the Aged Care (Payroll Tax Supplement) Amendment Determination 2008 (No.1).

 

Section 2 states that the determination commences on the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007.

 

Section 3 states that Schedule 1 amends the Aged Care (Payroll Tax Supplement) Determination 2001.

 

 

 

Schedule 1 Amendments

 

Item 1

This item inserts a new definition ‘ACFI classification’ into section 3 of the Determination before the definition of Act.  

 

ACFI classificationmeans a classification, or renewal of a classification, of a care recipient under the Act and the Classification Principles 1997 as in force on or after the commencement of the Aged Care (Payroll Tax Supplement) Amendment Determination 2008 (No. 1).

 

Item 2

This item omits the definition care recipient from section 3 of the Determination.

 

Item 3

This item substitutes the definitions of direct provider and indirect provider in section 3 of the Determination.

 

direct provider means an approved provider that is taken, under subsection 6 (2), to have a direct payroll tax liability.

 

indirect provider means an approved provider that is taken, under subsection 7 (2), to have an indirect payroll tax liability.

 

Item 4

This item inserts two new definitions, RCS classification and relevant care recipient into section 3 of the Determination after the definition of Principles.

 

RCS classification – means a classification, or renewal of a classification, of a care recipient made under the Act and the Classification Principles 1997 as in force immediately before the commencement of the Aged Care (Payroll Tax Supplement) Amendment Determination 2008 (No. 1).

 

relevant care recipient – means a care recipient in respect of whom an approval is in effect under Part 2.3 of the Act as a recipient of residential care, other than a care recipient classified at:

(a)          for a care recipient with an RCS classification – classification level 8; or

(b)          for a care recipient with an ACFI classification – the lowest applicable classification level.

 

Item 5

This item inserts a new reference in Section 3 of the Determination to the expression lowest applicable classification level which is defined in the Act.

 

Item 6

This item omits ‘care recipients and inserts ‘relevant care recipients’ in section 5 of the Determination.

 

 

 

Item 7

This item omits (direct provider) from subsection 6 (1) of the Determination to improve the clarity of this subsection.

 

Item 8

This item omits ‘be a direct provider’ and inserts ‘have a direct payroll tax liability’ into subsection 6 (2) of the Determination to improve the clarity of this subsection.

 

Item 9

This item omits ‘(indirect provider)’ from subsection 7 (1) of the Determination to improve the clarity of this subsection.

 

Item 10

This item omits ‘be an indirect provider’ and inserts ‘have an indirect payroll tax liability’ into subsection 7 (2) of the Determination to improve the clarity of this subsection.

 

Item 11

This item omits ‘care recipients and inserts ‘relevant care recipients’ in section 9 of the Determination to give a specific reference to the new definition inserted by Item 4.

 

Item 12

This item omitsresidential care calculator’ and inserts ‘residential care subsidy calculatorin section 10 of the Determination to include the precise reference used for this term in the Act.

 

Item 13

This item omitsapproved’ and inserts ‘relevant’ in subsection 13 (1) of the Determination to reflect the new definition of relevant care recipients inserted by Item 4.

 

Item 14

This item omits ‘care recipients, other than a care recipient mentioned in subsection (3),’ and inserts ‘relevant care recipients’ into subsection 13 (2) of the Determination to give a specific reference to the new definition inserted by Item 4.

 

Item 15

This item omits subsection 13 (3) from the Determination as it is now redundant due to changes made in Item 14.

 

Item 16

This item omits ‘care recipient and inserts ‘relevant care recipient’ in section 14 of the Determination to give a specific reference to the new definition inserted by Item 4.

 

Item 17

This item omitsresidential care calculator’ and inserts ‘residential care subsidy calculatorin section 15 of the Determination to include the precise reference used for this term in the Act.

 

Item 18

This item omitsapproved’ and inserts ‘relevant’ in subsection 17 (1) of the Determination to reflect the new definition of relevant care recipients inserted by Item 4.

 

 

 

 

Item 19

This item omits ‘care recipients, other than a care recipient mentioned in subsection (3),’ and inserts ‘relevant care recipients’ into subsection 17 (2) of the Determination to give a specific reference to the new definition inserted by Item 4.

 

Item 20

This item omits subsection 17 (3) from the Determination as it is now redundant due to changes made in Item 19.

Overview

The Aged Care (Payroll Tax Supplement) Amendment Determination 2008 (No. 1) was enacted to amend the Aged Care (Payroll Tax Supplement) Determination 2001, primarily to integrate the Aged Care Funding Instrument (ACFI) classifications into the payroll tax supplement calculation methodology. This change was necessitated by the transition from the Resident Classification Scale (RCS) to the ACFI as the means of allocating basic subsidy to residential aged care providers, as announced in the 2004 Budget. The Aged Care Act 1997 provides the legal foundation for this amendment, and the determination was made under the authority of the Minister for Ageing. The policy objective is to ensure that the payroll tax supplement reflects the new funding model, which aims to better target funding towards the care of care recipients with challenging behaviours related to dementia and complex nursing and health care needs. The Department of Health and Ageing collaborated with a Reference Group comprising industry bodies, consumer representatives, and other relevant stakeholders to ensure the amendments were practical and effective.

Scope and Application

The Aged Care (Payroll Tax Supplement) Amendment Determination 2008 (No.1) applies to approved providers of residential aged care services, who are entities responsible for delivering aged care services and may include direct or indirect providers. This Determination amends the Aged Care (Payroll Tax Supplement) Determination 2001 to incorporate the Aged Care Funding Instrument (ACFI) classifications into the methodology for calculating the payroll tax supplement. It aims to better align the funding model with the care needs of recipients, particularly those with challenging behaviours related to dementia and complex nursing and health care needs. The Amendment Determination commenced on the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007. It replaces the Resident Classification Scale (RCS) with the ACFI as the basis for allocating basic subsidy to residential aged care providers, while ensuring clarity and readability of the provisions without altering their substantive operation. The changes do not apply to care recipients classified at the lowest applicable classification level under either the RCS or ACFI.

Key Provisions

The Aged Care (Payroll Tax Supplement) Amendment Determination 2008 (No.1) amends the Aged Care (Payroll Tax Supplement) Determination 2001, introducing changes primarily to incorporate the Aged Care Funding Instrument (ACFI) classifications into the methodology for calculating the payroll tax supplement (Schedule 1). It also aims to improve the readability and clarity of the original determination, without altering its substance or operation. These amendments align the determination with the new funding model for residential aged care, which was introduced to better target funding towards care recipients with specific needs, such as those with challenging behaviours related to dementia and complex nursing and health care needs, including palliative care. The determination imposes specific obligations on entities involved in the provision of aged care services. These obligations include the requirement for approved providers to classify care recipients under the new ACFI framework and to ensure that the payroll tax supplement calculations accurately reflect these classifications. Additionally, the determination mandates that providers have a direct or indirect payroll tax liability, depending on their classification under the Act, and that they use the residential care subsidy calculator to determine the applicable subsidies. The determination also clarifies the definitions of direct and indirect providers, replacing earlier terminology that referred to "direct provider" and "indirect provider" with "direct payroll tax liability" and "indirect payroll tax liability" respectively. The Aged Care Act 1997 does not explicitly state offences, penalties, or civil/criminal consequences for breaches of the Aged Care (Payroll Tax Supplement) Amendment Determination 2008 (No.1). However, non-compliance with the Act's provisions or with determinations made under it could potentially lead to administrative penalties, including fines. The specific penalties for breaches of the payroll tax supplement provisions would be determined by the relevant taxation authority, as the payroll tax is a state-administered tax. The maximum penalties for non-compliance with state payroll tax laws vary by state but can include substantial fines and interest on unpaid amounts. It is important for entities to ensure compliance to avoid these penalties and maintain their eligibility for government subsidies.

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