EXPLANATORY STATEMENT
Issued by the authority of the Minister for Mental Health and Ageing
Aged Care Act 1997
Allocation Amendment Principles 2012 (No. 1)
The Aged Care Act 1997 (the Act) provides for the regulation and funding of aged care services. Persons who are approved under the Act to provide aged care services (approved providers) can be eligible to receive subsidy payments in respect of the care they provide to approved care recipients receiving care in allocated places.
Section 96-1 of the Act allows the Minister to make Principles providing for various matters required or permitted by a Part or section of the Act. Among the Principles made under section 96-1 are the Allocation Principles 1997 (the Allocation Principles).
The purpose of the Allocation Amendment Principles 2012 (No.1) (the Amending Principles) is to amend the Allocation Principles to reduce the number of matters that must be considered by the Secretary, in relation to each application for the allocation of places, in deciding which allocation would best meet the needs of the aged care community in a region. The amendments do not preclude the Secretary from taking any matters into account if they are relevant to the consideration of a particular application.
The Amending Principles also add an additional example to the list of examples of ways in which an allocation of places might promote diversity of choice for care recipients, that is the allocation of places to a service to provide care on a consumer directed care basis. In addition, the Amending Principles replace the mention of three specific classes of people with special needs in the list of examples with the defined term, people with special needs, which includes all people with special needs.
Consultation
As the amendments in these Amending Principles are minor or machinery in nature, no specific consultation was undertaken in relation to this instrument.
Regulation impact statement
The Office of Best Practice Regulation has advised that no Regulation Impact Statement is required (OBPR ID 14239).
Commencement
This instrument commences on the day after registration.
The Amending Principles are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Allocation Amendment Principles 2012 (No. 1)
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The purpose of the Allocation Amendment Principles 2012 (No. 1) is to reduce the number of matters that must be considered by the Secretary, in relation to each application for the allocation of aged care places, in deciding which allocation would best meet the needs of the aged care community in a region. The amendments do not preclude the Secretary from taking any matters into account if they are relevant to the consideration of a particular application.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Mark Butler
Minister for Mental Health and Ageing
Overview
The Aged Care Act 1997, enacted by the Australian Parliament, governs the regulation and funding of aged care services. The Act facilitates the provision of aged care services to approved care recipients by approved providers through subsidy payments for care in allocated places. To refine the allocation process, the Allocation Amendment Principles 2012 (No. 1) were introduced to streamline the decision-making process by reducing the number of factors the Secretary must consider when allocating places. This amendment aims to enhance efficiency while ensuring that relevant matters are still taken into account. The policy objective is to better meet the needs of the aged care community in a region by promoting a more focused and responsive allocation process. These principles were introduced by the Minister for Mental Health and Ageing and are compatible with human rights as they do not engage any applicable rights or freedoms.
Scope and Application
The Allocation Amendment Principles 2012 (No. 1) are a legislative instrument under the Aged Care Act 1997 that refines the criteria for the allocation of aged care places, aiming to streamline the decision-making process by the Secretary. This amendment applies to approved providers of aged care services who submit applications for the allocation of places and the care recipients who depend on these services. The principles aim to enhance the efficiency of the allocation process while ensuring that all relevant factors are still considered. Geographically, the Act applies at the Commonwealth level, impacting the allocation of places across Australia. The legislative instrument does not introduce any exclusions or exemptions but simplifies the process by reducing the number of mandatory considerations, without preventing the Secretary from considering additional relevant factors in specific cases. The scope of application can be extended or restricted through subordinate instruments as necessary.
Key Provisions
The Aged Care Act 1997, supplemented by the Allocation Amendment Principles 2012 (No. 1), outlines the framework for the regulation and funding of aged care services in Australia. Under section 96-1 of the Act, the Minister is empowered to establish principles governing various aspects of the Act, including the allocation of aged care places. These principles, which were initially established in 1997 and amended in 2012, aim to streamline the decision-making process for the Secretary when allocating places to ensure they best meet the needs of the aged care community in a particular region. Section 96-1 of the Act specifically allows for the creation of these principles, which provide clarity and guidance on the allocation process.
The obligations imposed by the Allocation Amendment Principles 2012 (No. 1) primarily revolve around the streamlined consideration of applications for the allocation of aged care places. The Secretary, when assessing applications, is directed to focus on the essential factors that best meet the needs of the aged care community in a region. However, it is important to note that this streamlining does not limit the Secretary's discretion to consider any relevant factors that might impact a particular application. The principles also include an expanded definition of 'people with special needs' to ensure that the allocation process adequately considers the diverse needs of the aged care community, including those receiving care on a consumer-directed care basis.
The Allocation Amendment Principles 2012 (No. 1) do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, the overarching Aged Care Act 1997 does establish a framework for enforcement and compliance. Non-compliance with the provisions of the Act or the principles established under section 96-1 could potentially lead to administrative actions, including the revocation of approval for providers to operate in the aged care sector. Additionally, failure to adhere to the guidelines set out in the principles could result in the Secretary rejecting an application for the allocation of places, thereby impacting a provider's ability to receive subsidy payments for the care they provide. The specific penalties for non-compliance would depend on the nature and severity of the breach, as outlined in the broader provisions of the Aged Care Act 1997.