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.
Overview
The Aged or Disabled Persons Homes Act 1954 was enacted to establish a framework for the provision of hostel care and personal care services to eligible aged and disabled persons. The Act addresses the need for adequate residential care and support services for those unable to live independently due to age or disability. Enacted by the Australian Parliament, the Act aims to ensure that approved non-profit organisations can provide these essential services with appropriate financial support from the Commonwealth. The Aged or Disabled Persons Homes Regulations (Amendment) Statutory Rules 1988 further this objective by adjusting the rates of financial assistance provided to approved organisations, ensuring these rates are adequate to meet the evolving needs of the care recipients. This amendment specifically increases the daily rates for hostel care and respite care, reflecting the policy objective to enhance the quality and affordability of care services for vulnerable individuals.
Scope and Application
The Aged or Disabled Persons Homes Act 1954 applies to the provision of hostel care services and personal care services to eligible aged or disabled individuals, with the Act authorising the Secretary to make payments to approved organisations providing such care. These organisations must be nonprofit, non-Government entities that have been approved by the Secretary and are deemed to be offering adequate care services. The Act extends to the entire Commonwealth, establishing a uniform standard for the provision of care and financial assistance across all states and territories. The Act also allows for the creation of regulations to further define and implement its provisions, as seen in the Aged or Disabled Persons Homes Regulations (Amendment) which adjusts the rates of financial assistance provided by the Commonwealth to these organisations. These regulations came into effect on 19 October 1988, with adjustments made to the rates for hostel care services and respite care beds, but not for personal care services. Notably, the regulations are structured to ensure that their retrospective application does not adversely affect any party other than the Commonwealth.
Key Provisions
The Aged or Disabled Persons Homes Act 1954 (the Act) empowers the Governor-General to make regulations necessary for carrying out or giving effect to the Act. Specifically, Section 11 provides for the creation of regulations that are not inconsistent with the Act. Subsection 10C(1) outlines the financial assistance that may be paid to approved organisations for eligible persons requiring different levels of care. For persons assessed to require only hostel care services, the payment is calculated at $1.95 per day or a higher rate prescribed in the regulations. For those requiring both hostel care and personal care services, the rate is $8.40 per day or a higher rate prescribed in the regulations. Additionally, for each respite care bed occupied by an eligible person, an amount of $7.50 per day or a higher rate prescribed in the regulations is payable. These payments are contingent upon the Secretary's approval of the organisations providing these services, ensuring that they meet certain standards.
The Aged or Disabled Persons Homes Regulations (Amendment) further specify the rates for these payments. For hostel care services, the rate has been increased from $2.10 to $2.25 per day. For combined hostel and personal care services, the rate remains at $13.45 per day. The rate for respite care beds has been increased from $8.05 to $8.60 per day. These amendments reflect a government decision to enhance the financial assistance provided to approved organisations from 19 October 1988. The retrospective application of these Regulations ensures that the increased payments apply from the commencement date without causing financial detriment to any parties other than the Commonwealth, aligning with the provisions of the Acts Interpretation Act 1901.
Organisations that receive these payments must comply with the requirements set forth in the Act and the Regulations. They must be nonprofit, non-Government entities approved by the Secretary, and they must provide adequate hostel care and personal care services to eligible persons. The Secretary must be satisfied with the quality and adequacy of the services provided before authorising any payments. Failure to meet these standards could result in the suspension or termination of payments. Additionally, the approved organisations must ensure accurate and timely submission of claims for the services provided.
Failure to comply with the provisions of the Act and the Regulations can result in various consequences. Organisations that do not meet the standards for service provision may face the suspension or termination of payments. This can have significant financial implications, as the payments are a critical source of funding for these organisations. Moreover, any misrepresentation or fraudulent claims for services rendered can lead to civil or criminal penalties. Under Australian law, the penalties for such offences can include fines and, in severe cases, imprisonment. The specific penalties would depend on the nature and severity of the breach, but they underscore the importance of adherence to the Act's provisions.