EXPLANATORY STATEMENT
STATUTORY RULES No. 354 OF 1988
AGED OR DISABLED PERSONS HOMES ACT 1954
AGED OR DISABLED PERSONS HOMES REGULATIONS (AMENDMENT)
Section 11 of the Aged or Disabled Persons Homes Act 1954 (“the Act”) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
Subsection 10C(1) of the Act provides that the Secretary may, in his discretion, on behalf of the Commonwealth, authorise the payment to an approved organisation of -
(a) in respect of each eligible person who is assessed as requiring hostel care services only and for whom hostel care services are made available by that approved organisation - an amount calculated at the rate of $1.95 per day or such higher rate as is prescribed in the regulations;
(b) in respect of each eligible person who is assessed as requiring hostel care services and personal care services and for whom those services are made available by that approved organisation - an amount calculated at the rate of $8.40 per day or such higher rate as is prescribed in the regulations; and
(c) in respect of each respite care bed provided by that approved organisation that is occupied by an eligible person - an amount calculated at the rate of $7.50 per day or such higher rate as is prescribed in the regulations.
Approved organisations to which payments are made are nonprofit, non-Government organisations approved by the Secretary where the Secretary is satisfied that they are providing adequate hostel care services and adequate personal care services.
The Aged or Disabled Persons Homes Regulations (Amendment) prescribe the following amounts -
(a) for the purposes of paragraph 10C(1)(a) of the Act - an increase from $2.10 to $2.25 per day;
(b) for the purposes of paragraph 10C(1)(b) of the Act - the amount is to remain at $13.45 per day; and
(c) for the purposes of paragraph 10C(1)(c) of the Act - an increase from $8.05 to $8.60 per day.
The Regulations are taken to have come into operation on 19 October 1988 in accordance with the decision of the Government to increase the amount of financial assistance provided pursuant to paragraphs 10C(1)(a) and 10C(1)(c) of the Act from that date. The retrospective commencement of the Regulations will not operate to the financial detriment of any person or body other than the Commonwealth, and so does not conflict with the provisions of subsection 48(2) of the Acts Interpretation Act 1901 dealing with the retrospectively of regulations.