EXPLANATORY STATEMENT
Issued by the authority of the Minister for Mental Health and Ageing
Aged Care Act 1997
Approved Provider Amendment (Home Care) Principle 2013
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.
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 Approved Provider Principles 1997 (the Principles).
The Principles deal with a number of matters that are important to the provider approval process described in Part 2.1 of the Act.
On 20 April 2012, the Government announced the Living Longer Living Better aged care reform package to reshape aged care. Included in the package of reforms was the creation of a new type of aged care – home care. From 1 August 2013, home care will replace community care and some forms of flexible care. There will be four levels of home care packages to provide for a seamless continuum of care at home. Existing care packages currently delivered in the form of community aged care packages (CACP) (community care under the Act), extended aged care at home (EACH) and extended aged care at home - dementia (EACH-D) (flexible care under the Act) will transition to home care packages.
The purpose of the Approved Provider Amendment (Home Care) Principle 2013
(the Amending Principle) is to make consequential changes to the Principles to remove references to community care and replace them with references to home care.
The amendments replace references to ‘community care’ with references to ‘home care’ in a note at the end of section 6.3 and in a list of examples at the end of subsection 6.8(2).
The Amending Principle is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Consultation
The Living Longer Living Better aged care reform package was developed in close consultation with the aged care sector, including consumers, industry and professional bodies.
Consultation on the proposed changes to the Act, and to delegated legislation, commenced in November 2012, with the public release of a paper providing an overview of the proposed legislative changes.
A video presentation detailing the changes was also made available through the Living Longer Living Better website, to assist with public understanding of the proposed changes.
During November and December 2012, the Department of Health and Ageing (the Department) also held briefing sessions in Melbourne, Sydney and Canberra on the proposed changes.
Stakeholders and the general community were able to provide written comments during a four-week period (21 November – 21 December 2012). The comments were made publicly available on the Living Longer Living Better website, unless the author requested otherwise. The Department received 54 submissions from members of the public, peak bodies and approved providers in response to the published overview of legislative amendments. Submissions received via the consultation on the overview of the proposed legislative changes were used to inform drafting of the amending bills and the delegated legislation.
In March and April 2013, the Department held industry briefing sessions across Australia to provide information and to explain, in detail, the proposed legislative changes included in the package of Bills introduced into Parliament on 13 March 2013. For those who were unable to attend the briefings a copy of the presentation, supporting handouts, a detailed Questions and Answers document and an information video were made available on the Living Longer Living Better website.
An exposure draft of the Amending Principle was made available on the Living Longer Living Better website in May 2013.
Regulation Impact Statement
The Office of Best Practice Regulation has advised that no Regulation Impact Statement is required (OBPR ID 14911).
Commencement
The Amending Principle commences on 1 August 2013.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Approved Provider Amendment (Home Care) Principle 2013
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 Approved Provider Amendment (Home Care) Principle 2013 (the Legislative Instrument) makes consequential amendments to the Approved Provider Principles 1997 to reflect changes to the Aged Care Act 1997 made by the Aged Care (Living Longer Living Better) Act 2013. These changes establish home care as a new type of care that replaces community care. The Legislative Instrument replaces all references to ‘community care’ with references to ‘home care’.
Human Rights Implications
These amendments are purely consequential, resulting from the change from community care to home care in the primary legislation. They do not engage any human rights issues.
Conclusion
The 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, as it does not engage any of the applicable rights or freedoms or alter any human rights safeguards currently in place.
Senator the Hon Jacinta Collins
Minister for Mental Health and Ageing