Aged or Disabled Persons Homes Amendment Act 1980
No. 157 of 1980
An Act to amend the Aged or Disabled Persons Homes Act 1954
[Assented to 5 December 1980]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title
1. (1) This Act may be cited as the Aged or Disabled Persons Homes Amendment Act 1980.
(2) The Aged or Disabled Persons Homes Act 1954 is in this Act referred to as the Principal Act.
Commencement
2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Section 3 shall be deemed to have come into operation on 30 September 1980.
Authorization of payments
3. (1) Section 10c of the Principal Act is amended by omitting from sub-section (1) “$60” and substituting “$80”.
(2) The amendment made by sub-section (1) applies in respect of payments to an approved organization in respect of persons residing in accommodation provided by that organization on a date that is a prescribed date in relation to that organization, being a date later than the date of commencement of this section.
Formal amendments
4. The Principal Act is amended as set out in the Schedule.
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SCHEDULE Section 4
FORMAL AMENDMENTS
Provision amended | Omit— | Substitute— |
Title.......................... | Australia | the Commonwealth |
Section 2 (definition of “aged person”) | (a) sixty-five | 65 |
(b) sixty | 60 |
Section 2 (definitions of “eligible organization” and “government authority”) | Australia (wherever occurring) | the Commonwealth |
Paragraph 6(2)(a)................. | 4th May, 1954 | 4 May 1954 |
Paragraph 6(2)(b)................. | the last preceding paragraph | paragraph (a) |
Sub-section 7(1).................. | Australia | the Commonwealth |
Sub-section 8(3).................. | (a) the last preceding sub-section | sub-section (2) |
(b) Australia | the Commonwealth |
Sub-section 9(1a)................. | Australia (wherever occurring) | the Commonwealth |
Sub-section 10a(1) (definition of “approved organization”) | the next succeeding section | section 10b |
Sub-section 10a (1) (definition of “prescribed date”) | (a) twenty-eight | 28 |
(b) the next succeeding section | section 10b |
Sub-section 10a(2)................ | twenty-eight | 28 |
Sub-section 10b(2)................ | the last preceding sub-section | sub-section (1) |
Sub-section 10c(1)................ | (a) Australia | the Commonwealth |
(b) eighty | 80 |
(c) the last preceding section | section 10b |
Section 10g..................... | National Welfare Fund Act 1943-1952 | National Welfare Fund Act 1943 |
NOTE
1. No. 81, 1954, as amended. For previous amendments, see No. 47, 1957; No. 83, 1967; No. 68, 1969; No. 84, 1972; No. 128, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 115, 1974; and Nos. 37 and 91, 1976.
Overview
The Aged or Disabled Persons Homes Amendment Act 1980 was enacted by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia to address gaps and provide updates to the Aged or Disabled Persons Homes Act 1954. The Act amended the Principal Act by increasing the authorized payment amount for persons residing in accommodation provided by an approved organisation from $60 to $80 and making several formal amendments to the Principal Act, including updates to definitions, references, and other minor adjustments to ensure the continued efficacy and relevance of the legislation in providing care and support for aged and disabled individuals. The amendments aim to reflect changes in societal standards and improve the overall framework governing homes for the aged and disabled.
Scope and Application
The Aged or Disabled Persons Homes Amendment Act 1980 amends the Aged or Disabled Persons Homes Act 1954. It applies to the Commonwealth, specifically to the amendments of the Principal Act, which pertains to the regulation of homes for aged or disabled persons. The Act applies to organisations approved to provide such accommodation and to the conduct of those organisations in providing services to residents. The amendments include adjustments to definitions, references to dates, and financial thresholds. Notably, the Act adjusts the payment rates for approved organisations from $60 to $80, applicable to prescribed dates after the Act’s commencement. The geographic reach of the Act is limited to the Commonwealth, impacting only those entities operating within Australia under the provisions of the Principal Act. The Act does not explicitly state any exclusions or exemptions, implying that its provisions apply broadly to all entities and persons governed by the Principal Act. The Act’s application may be further defined or extended through subordinate legislation, which would provide additional rules and regulations implementing the changes specified in this Act.
Key Provisions
The Aged or Disabled Persons Homes Amendment Act 1980 amends the Principal Act, the Aged or Disabled Persons Homes Act 1954. The Act introduces several modifications to the Principal Act, primarily concerning the authorization of payments and formal amendments to definitions and references within the original legislation. Specifically, section 3 of the Amendment Act raises the authorized payment amount from $60 to $80 for services provided to individuals residing in approved accommodations as of a prescribed date following the amendment's commencement (section 3(1)). Additionally, the Act makes several formal amendments to the Principal Act as detailed in the Schedule, including changes to definitions and references to ensure consistency and update outdated terms (Schedule, section 4).
The obligations imposed by the Act on the parties governed by it primarily revolve around ensuring compliance with the updated payment authorization and the formal amendments. Service providers must adhere to the new payment rates as specified in section 3, and they must ensure that any services provided on or after the prescribed date are eligible for the increased payment amount. Furthermore, entities and individuals referenced in the Principal Act must update their records and practices to align with the formal amendments, ensuring that all references to outdated terms are replaced with the updated ones as specified in the Schedule (Schedule, section 4).
In terms of consequences for non-compliance, the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the updated payment authorizations or the formal amendments could potentially lead to disputes or legal actions, as entities may be required to provide evidence of compliance with the new standards. Non-compliance could also result in financial discrepancies or disputes over payments, as incorrect payment amounts could be issued if the updated rates are not correctly applied. It is important for all parties involved to ensure that they are fully aware of and adhere to the provisions of the Amendment Act to avoid any potential legal or financial repercussions.