Aged Persons Homes Act 1967

Legislation au C1967A00083 Not in force Act

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Aged Persons Homes

No. 83 of 1967

An Act to amend the Aged Persons Homes Act 1954–1957.

[Assented to 8 November 1967]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Aged Persons Homes Act 1967.

(2.) The Aged Persons Homes Act 1954–1957 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Aged Persons Homes Act 1954–1967.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Definitions.

3. Section 2 of the Principal Act is amended by omitting the definition of “eligible organization” and inserting in its stead the following definitions:—

“‘eligible organization’ means—

(a) an organization (other than an organization conducted or controlled by, or by persons appointed by, the Government of the Commonwealth or of a State) that is carried on otherwise than for the purpose of profit or gain to its individual members and is—

(i) a religious organization;

(ii) an organization the principal objects or purposes of which are charitable or benevolent;

(iii) an organization of former members of the Defence Force established in every State or a State branch of such an organization; or

(iv) an organization approved by the Governor-General for the purposes of this Act; and

(b) a local governing body,

and includes—

(c) the trustee or trustees under a trust established by an organization referred to in paragraph (a) of this definition or by a local governing body;

(d) a corporation established by such an organization or by a local governing body; and


(e) the trustee or trustees under a trust established for charitable or benevolent purposes and approved by the Governor-General for the purposes of this Act;

‘government authority’ means an authority established by or under a law of the Commonwealth, a State or a Territory of the Commonwealth, but does not include a local governing body;

‘local governing body’ means a local governing body established by or under a law of a State or Territory of the Commonwealth;”.

Eligible organizations.

4. Section 5 of the Principal Act is repealed.

Grants to organizations.

5. Section 7 of the Principal Act is amended by inserting after sub-section (2.) the following sub-section:—

“(2a.) The Director-General may, by instrument in writing, authorize an officer in the Department of Social Services to exercise, subject to such conditions as are specified in the instrument, any power of the Director-General under the last preceding sub-section.”.

Amount of grants.

6. Section 9 of the Principal Act is amended by omitting paragraph (b) of sub-section (1.) and inserting in its stead the following paragraph:—

“(b) twice the sum of the moneys (if any) expended, and the moneys presently available for expenditure, by the eligible organization towards the capital cost of the home, being moneys that the Director-General is satisfied—

(i) did not become available as a result of the borrowing of those moneys or any other moneys by the organization and were not received by the organization from the Government of the Commonwealth or of a State or from a government authority; and

(ii) in the case of moneys received by the organization from a local governing body—were moneys that were not received by the local governing body from the Government of the Commonwealth or of a State or from a government authority,”.

Transitional provisions.

7.—(1.) A building erected or purchased by a local governing body shall not be approved under section 6 of the Principal Act as amended by this Act unless the building—

(a) was in course of erection by the local governing body on the twenty-eighth day of November, One thousand nine hundred and sixty-six; or

(b) was erected or purchased by the local governing body on or after that date.

(2.) Moneys received by an eligible organization from a local governing body before the twenty-eighth day of November, One thousand nine hundred and sixty-six, shall, for the purposes of sub-section (1.) of section 9 of the Principal Act as amended by this Act, be deemed to have been received from an authority that is a government authority for the purposes of the Principal Act as so amended.


(3.) In this section, “local governing body” includes—

(a) the trustee or trustees under a trust established by a local governing body; and

(b) a corporation established by a local governing body.

 

Overview

The Aged Persons Homes Act 1967, enacted by the Commonwealth of Australia, amends the Aged Persons Homes Act 1954–1957 to address gaps in the regulation and funding of aged care facilities. This Act seeks to ensure that aged care services are provided by eligible organisations that are not primarily profit-driven but are instead charitable, benevolent, or related to former Defence Force members. The legislation aims to provide clarity and expand the eligibility criteria for organisations that can receive grants for aged care homes. The Act also introduces provisions for transitional arrangements to manage the implementation of these changes effectively. This Act was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The policy objective is to facilitate the provision of adequate and suitable accommodation for aged persons by ensuring that only appropriate organisations are eligible for grants. This approach helps maintain the integrity and purpose of aged care services, ensuring they are delivered by entities aligned with the charitable and benevolent goals intended by the legislation.

Scope and Application

The Aged Persons Homes Act 1954–1967, as amended by the Aged Persons Homes Act 1967, applies to organisations that operate aged persons' homes in Australia, focusing primarily on those entities that are not conducted or controlled by any government or by persons appointed by any government, and are not operated for the profit or gain of individual members. These eligible organisations can include religious bodies, charitable or benevolent organisations, organisations of former members of the Defence Force, and those approved by the Governor-General for the purposes of this Act. Additionally, it encompasses local governing bodies, which are established by or under the law of a state or territory of the Commonwealth. The Act also extends to trustees under certain trusts and corporations established by these eligible organisations or local governing bodies. The Act governs the provision of grants to these organisations for the establishment, maintenance, or improvement of aged persons' homes, as well as the amount of grants, which is calculated based on the capital costs incurred by the eligible organisation. The Act operates at the Commonwealth level and its provisions can be extended or restricted through subordinate instruments.

Key Provisions

The Aged Persons Homes Act 1967 amends the Aged Persons Homes Act 1954–1957 and introduces several key provisions. Firstly, the Act defines "eligible organization" more comprehensively, specifying that these are entities such as religious organizations, charitable or benevolent organizations, organizations of former members of the Defence Force, or those approved by the Governor-General (section 3). The definition also includes local governing bodies and their trustees, corporations established by eligible organizations or local governing bodies, and trustees under trusts for charitable or benevolent purposes approved by the Governor-General. The Act mandates that the Director-General of Social Services can delegate their powers to authorize grants to eligible organizations to an officer in the Department of Social Services, subject to specified conditions (section 5). It also modifies the amount of grants payable, now requiring the Director-General to consider the total capital costs incurred by the eligible organization, excluding any funds borrowed or received from government or government authorities (section 6). Transitional provisions ensure that buildings erected or purchased by local governing bodies after a specified date are eligible for approval and that funds received from local governing bodies before that date are treated as coming from government authorities for grant purposes (section 7). The Act imposes obligations on eligible organizations to ensure that any capital expenditures towards aged persons' homes are made using their own resources and not borrowed or received from government sources. Local governing bodies must also ensure that any buildings they erect or purchase meet the criteria set out in the Act. Additionally, the Act requires that any grants be utilized in accordance with the conditions specified by the Director-General or their delegate. Breach of the Act's provisions could result in various consequences. For instance, if an eligible organization uses government funds to contribute to the capital cost of an aged persons' home, this would render the building ineligible for approval under the Act. Similarly, failure to comply with the transitional provisions regarding the timing of building erection or purchase could lead to disqualification of the building from receiving grants. While the Act does not specify maximum penalties for breaches, violations could potentially result in the withholding of grants or other administrative actions taken by the Director-General or their delegate.

Legal classification tags

Area of Law
Elder Law
Instrument
Act
Concepts
Definitions & Interpretation
Transitional Provisions
Grants to organizations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.