EXPLANATORY STATEMENT
Issued by the authority of the Minister for Mental Health and Ageing
Aged Care Act 1997
Aged Care Revocation Instrument 2013
The Aged Care Act 1997 (the Act) provides for the regulation and funding of aged care services. Persons who are approved to provide aged care services (approved providers) can be eligible to receive subsidy payments in respect of the care they provide to approved care recipients.
Section 96-1 of the Act allows the Minister to make Principles providing for various matters required or permitted by a Part or section of the Act.
On 20 April 2012, the Government announced the Living Longer Living Better aged care reform package to reshape aged care. Included in the package of reforms was the creation of a new type of aged care – home care. From 1 August 2013, home care will replace community care and some forms of flexible care. There will be four levels of home care packages to provide for a seamless continuum of care at home. Existing care packages currently delivered in the form of community aged care packages (CACP) and flexible care in the form of extended aged care at home (EACH) and extended aged care at home - dementia (EACH-D) will transition to home care packages.
In order to give effect to the reforms and to ensure that redundant legislation is revoked, the following Principles are revoked by the Aged Care Revocation Instrument 2013 (No. 1):
- the Community Care Subsidy Principles 1997;
- the Community Care Grant Principles 1997; and
- the Flexible Care Grant Principles 2008.
With the introduction of home care from 1 August 2013, the Community Care Subsidy Principles 1997 will be redundant and will be replaced by the Home Care Subsidy Principles 2013. As grants are no longer made under the Community Care Grant Principles 1997 and the Flexible Care Grant Principles 1997, these Principles are no longer required. If there is a need to make grants to providers of home care or flexible care in the future, such grants can be made under the other grants power in Part 5.7 of the Act.
The Revocation Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Consultation
The Living Longer Living Better aged care reform package was developed in close consultation with the aged care sector, including consumers, industry and professional bodies.
Consultation on the proposed changes to the Act, and to delegated legislation, commenced in November 2012, with the public release of a paper providing an overview of the proposed legislative changes.
A video presentation detailing the changes was also made available through the Living Longer Living Better website, to assist with public understanding of the proposed changes.
During November and December 2012, the Department of Health and Ageing (the Department) also held briefing sessions in Melbourne, Sydney and Canberra on the proposed changes.
Stakeholders and the general community were able to provide written comments during a four-week period (21 November – 21 December 2012). The comments were made publicly available on the Living Longer Living Better website, unless the author requested otherwise. The Department received 54 submissions from members of the public, peak bodies and approved providers in response to the published overview of legislative amendments. Submissions received via the consultation on the overview of the proposed legislative changes were used to inform drafting of the amending bills and the delegated legislation.
In March and April 2013, the Department held industry briefing sessions across Australia to provide information and to explain, in detail, the proposed legislative changes included in the package of Bills introduced into Parliament on 13 March 2013. For those who were unable to attend the briefings, a copy of the presentation, supporting handouts, a detailed Questions and Answers document and an information video were made available on the Living Longer Living Better website.
An exposure draft of this instrument was made available on the Living Longer Living Better website in May 2013.
Regulation Impact Statement
The Office of Best Practice Regulation has advised that no Regulation Impact Statement is required (OBPR ID 14911).
Commencement
This instrument commences on 1 August 2013.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Aged Care Revocation Instrument 2013
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 the Legislative Instrument
The purpose of the Aged Care Revocation Instrument 2013 is to repeal three redundant legislative instruments:
- the Community Care Subsidy Principles 1997;
- the Community Care Grant Principles 1997; and
- the Flexible Care Grant Principles 2008.
From 1 August 2013, home care will replace community care and some forms of flexible care as part of the Living Longer Living Better aged care reforms. The Community Care Subsidy Principles 1997 will be redundant and will be replaced by the Home Care Subsidy Principles 2013. As grants are no longer paid under the Community Care Grant Principles 1997 and the Flexible Care Grant Principles 1997, these Principles are no longer required. If there is a need to make grants to providers of home care or flexible care in the future, such grants can be made under the other grants power in Part 5.7 of the Act.
Human Rights Implications
The revocation of these instruments does not prevent the payment of subsidies and grants to approved providers, as subsidies will be payable under the Home Care Subsidy Principle 2013 and grants can be made under the other grants power. The revocation of the redundant instruments reduces the complexity of aged care legislation. The revocation does not engage any human rights issues.
Conclusion
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, as it does not engage any of the applicable rights or freedoms or alter any human rights safeguards currently in place.
Senator the Hon Jacinta Collins
Minister for Mental Health and Ageing