Allocation Amendment Principles 1999 (No. 2)

Overview

The Allocation Amendment Principles 1999 (No. 2) were introduced to address a gap in the Aged Care Act 1997 by enhancing the diversity of care options available to current and future care recipients, their carers, and families. Enacted by Bronwyn Kathleen Bishop, the Minister for Aged Care, these principles aim to ensure that care allocations consider the varied needs of different care recipient groups, including those who are financially or socially disadvantaged, those affected by dementia, and those belonging to ethnic or indigenous communities. The policy objective is to promote a broader range of services in various locations, thereby increasing the overall diversity of care options in the region. These principles, which came into effect upon gazettal, amend the Allocation Principles 1997 to explicitly require the Secretary to assess whether the allocation of resources will enhance the diversity of care choices. This includes considering services such as 'extra service' options, ageing in place services, and services tailored for those affected by dementia or from ethnic and indigenous communities. The overarching goal is to ensure that care recipients have access to a wider range of services that meet their specific needs, thereby improving the quality and inclusivity of aged care services.

Scope and Application

The Allocation Amendment Principles 1999 (No. 2) are a legislative instrument made under the Aged Care Act 1997 by Bronwyn Kathleen Bishop, the Minister for Aged Care. These principles specifically amend the Allocation Principles 1997, which relate to the allocation of resources within the aged care sector, and they commenced on gazettal. The principles apply to the Secretary, who is responsible for ensuring that approved allocations consider whether they will increase diversity of choice for current and future care recipients and their carers and families, with particular attention to various kinds of services offered in the region. The types of services to be considered include those offered in specific locations, services for financially or socially disadvantaged individuals, services for those affected by dementia, services for care recipients from ethnic or indigenous communities, ageing in place services, and services to meet the needs of couples. The application of these principles is national, as they are made under the Commonwealth legislation, the Aged Care Act 1997. The principles extend their reach through subordinate instruments by amending the Allocation Principles 1997, thereby incorporating the new considerations into the existing framework.

Key Provisions

The main operative sections of the Allocation Amendment Principles 1999 (No. 2) are those found in Schedule 1, which amend the Allocation Principles 1997. Specifically, section 4.38 now requires the Secretary to consider whether an approved allocation will increase the diversity of choice for care recipients, carers, and their families, taking into account the different kinds of services available in the region (section 1). Additionally, sections 4.63 and 4.70 have been amended to require consideration of how transfers and variations will affect the diversity of choice, with examples given of the kinds of services that should be considered in this regard (sections 2 and 4). The obligations imposed on parties or entities governed by these principles primarily involve ensuring that any approved allocations, transfers, or variations are assessed with an eye towards increasing diversity of choice for care recipients. This means that when making decisions about the provision of aged care services, the Secretary must take into account a wide range of factors, including the needs of care recipients who are financially or socially disadvantaged, affected by dementia, or who belong to ethnic or indigenous communities (section 1). Additionally, the principles require that examples of different kinds of services, such as "extra service" services, ageing in place services, and services for those affected by dementia, be considered in any assessment of diversity of choice (sections 2 and 4). There are no specific offences, penalties, or civil or criminal consequences outlined in the Allocation Amendment Principles 1999 (No. 2) for breach of the principles. However, failure to comply with the requirements of the principles could potentially lead to legal challenges or other consequences if it is determined that decisions made in relation to aged care services were not in line with the principles. It is important for parties or entities governed by the principles to carefully consider the requirements outlined in the principles and to ensure that their decisions are in line with the principles to avoid any potential legal or reputational consequences.