Aged or Disabled Persons Homes Regulations
Statutory Rules 1987 No. 239 as amended
made under the
Aged or Disabled Persons Care Act 1954
This compilation was prepared on 22 July 2004
taking into account amendments up to SR 1988 No. 354
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Citation [see Note 1]
2 Commencement
3 Interpretation
4 Payments to approved organisations
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Aged or Disabled Persons Homes Regulations.
2 Commencement
These Regulations shall come into operation on 21 October 1987.
3 Interpretation
In these Regulations, unless the contrary intention appears:
the Act means the Aged or Disabled Persons Homes Act 1954.
4 Payments to approved organisations
(1) For the purposes of paragraph 10C (1) (a) of the Act, an amount of $2.25 is prescribed.
(2) For the purposes of paragraph 10C (1) (b) of the Act, an amount of $14.35 is prescribed.
(3) For the purposes of paragraph 10C (1) (c) of the Act, an amount of $8.60 is prescribed.
Notes to the Aged or Disabled Persons Homes Regulations
Note 1
The Aged or Disabled Persons Homes Regulations (in force under the Aged or Disabled Persons Care Act 1954) as shown in this compilation comprise Statutory Rules 1987 No. 239 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1987 No. 239 | 20 Oct 1987 | 21 Oct 1987 | |
1988 No. 71 | 3 May 1988 | 4 May 1988 | — |
1988 No. 354 | 21 Dec 1988 | 19 Oct 1988 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 4................. | am. 1988 Nos. 71 and 354 |
Overview
The Aged or Disabled Persons Homes Regulations 1987, as amended, were enacted under the Aged or Disabled Persons Care Act 1954. This legislation was introduced to address the need for regulated standards and financial support for homes providing care for the aged and disabled in Australia. The Aged or Disabled Persons Homes Regulations 1987 were prepared by the Office of Legislative Drafting, Attorney-General's Department, and came into operation on 21 October 1987. The policy objective is to ensure that homes providing care to the aged and disabled operate within a regulatory framework that guarantees the safety, health, and well-being of the residents. These regulations specify payments to approved organisations for the purposes outlined in the Act and have been amended to reflect changes in policy and financial considerations.
Scope and Application
The Aged or Disabled Persons Homes Regulations 1987, as amended, are subsidiary legislation enacted under the Aged or Disabled Persons Care Act 1954. These regulations apply to the provision and management of homes for aged or disabled persons, focusing on the financial aspects of care and the payments made to approved organisations. The Act and its regulations cover entities such as care homes and care providers that offer services to aged or disabled persons. The geographic reach of these regulations is limited to the Commonwealth jurisdiction, as they are federal regulations applying across Australia. The regulations specifically detail the prescribed payments for certain care provisions, setting out amounts for different levels of care, which are updated through amendments as necessary. Notably, these regulations do not explicitly state exclusions or thresholds but focus on the financial obligations of approved care providers. The regulations can be extended or modified through further statutory rules, allowing for updates and adjustments in response to changing needs and circumstances.
Key Provisions
The Aged or Disabled Persons Homes Regulations, 1987, made under the Aged or Disabled Persons Care Act 1954, outline several key provisions and requirements for entities and individuals involved in the care of aged or disabled persons. The main operative sections include the citation (1), commencement (2), interpretation (3), and the specific provisions related to payments to approved organisations (4). These sections set out the framework for the operation and administration of homes for aged or disabled persons, ensuring that these institutions adhere to the stipulated standards and financial obligations.
The Regulations impose several obligations and requirements on parties involved, including approved organisations that provide care for aged or disabled persons. Specifically, the Regulations detail the prescribed payments for different services or provisions within the care facilities, as outlined in section 4. For instance, section 4(1) prescribes an amount of $2.25 for certain services, section 4(2) sets $14.35 for other services, and section 4(3) prescribes $8.60 for additional provisions. These financial stipulations ensure that the care provided meets certain standards and that approved organisations are compensated accordingly.
Failure to comply with the provisions of the Aged or Disabled Persons Homes Regulations can result in legal consequences. While the specific offences and penalties are not detailed in the provided extract, the overarching Act, the Aged or Disabled Persons Care Act 1954, typically includes provisions for penalties against non-compliance. These can include both civil and criminal sanctions, depending on the severity of the breach. The Act may impose fines, corrective orders, or even revocation of approval for care facilities found to be in breach of the Regulations. Such consequences underscore the importance of adhering to the stipulated requirements to maintain the integrity and quality of care provided to aged or disabled individuals.