EXPLANATORY STATEMENT
ISSUED BY AUTHORITY OF THE MINISTER FOR HOUSING
AND AGED CARE
AGED OR DISABLED PERSONS HOMES ACT 1954
AGED OR DISABLED PERSONS HOMES REGULATIONS (AMENDMENT)
1988 No. 71
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 organization of (among other things), 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.
Approved organizations to which payments are made are non-profit, non-government organizations approved by the Secretary where the Secretary is satisfied that they are providing adequate hostel care services and adequate personal care services.
The Regulations amend Regulations which came into operation on 21 October 1987 (Statutory Rules 1987 No. 239) by prescribing a new rate in respect of this assistance. The rate is being increased from $11.85 to $13.45.
The amendments are to come into operation on 4 May 1988.
Overview
The Aged or Disabled Persons Homes Act 1954 was enacted to ensure that suitable accommodation and care are provided to aged or disabled persons who need such services. The Act aims to establish a framework through which the Commonwealth can support approved non-profit, non-government organisations in providing hostel care and personal care services. The authority to make regulations to facilitate the implementation of the Act is vested in the Governor-General under Section 11, ensuring that any regulations are consistent with the Act’s objectives. One such regulation, specified under Subsection 10C(1), allows the Secretary to authorise payments to approved organisations for the provision of care services to eligible individuals. The Aged or Disabled Persons Homes Regulations (Amendment) 1988, which came into effect on 4 May 1988, amended the existing regulations to increase the rate of assistance from $11.85 to $13.45 per day, reflecting the need to provide adequate support to those receiving care services. This amendment was made to better align the financial assistance with the costs associated with providing quality care.
Scope and Application
The Aged or Disabled Persons Homes Regulations (Amendment) 1988, issued under the Aged or Disabled Persons Homes Act 1954, pertains to the provision of financial assistance for eligible individuals who require hostel care services and personal care services. This legislation applies to non-profit, non-government organizations approved by the Secretary, provided they meet the criteria for delivering adequate care services to those in need. The Act’s scope encompasses the financial assistance rates prescribed by the Commonwealth for eligible individuals, with these rates being subject to amendments through subordinate regulations. The amendments, effective from 4 May 1988, adjust the rate of assistance from $11.85 to $13.45 per day, reflecting the legislative intent to ensure that the assistance provided meets the evolving needs of the individuals concerned. The regulations apply across the Commonwealth, impacting approved organizations nationwide and ensuring a uniform approach to the financial support provided to aged or disabled persons in care facilities.
Key Provisions
The Aged or Disabled Persons Homes Act 1954 includes various sections that outline the framework for providing care services to eligible persons requiring hostel and personal care. Section 11 (1) allows the Governor-General to make regulations that are necessary or convenient for the operation of the Act, provided they do not conflict with its provisions. This flexibility enables the Act to adapt to changing circumstances and needs over time. Section 10C(1) specifically allows the Secretary to authorise payments to approved organisations, which are non-profit, non-government entities that have been vetted and approved by the Secretary for providing adequate care services. These payments are made for each eligible person assessed as needing hostel and personal care services, with the amount calculated based on a prescribed rate.
The obligations under the Act for approved organisations include ensuring they provide adequate hostel and personal care services to eligible persons, as determined by the Secretary. They must also comply with any regulations made under the Act, including those relating to the rates of payment and the conditions for receiving assistance. These organisations are expected to maintain high standards of care and adhere to any guidelines or requirements set forth by the Secretary to ensure the well-being of the individuals they serve.
Breaching the provisions of the Act or the regulations can lead to various consequences. The Act does not specify particular offences or penalties in the provided text, but typically, non-compliance with care regulations can result in penalties such as fines or the suspension of funding. The exact penalties may be outlined in other sections of the Act or in related legislation. The seriousness of the breach and the impact on the care recipients would be considered when determining the appropriate penalty. These measures are in place to ensure that approved organisations maintain the standards required to provide quality care services.