EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Ageing
Aged Care Act 1997
Classification Amendment Principles 2005 (No.2)
The purpose of the Classification Amendment Principles 2005 (No. 2) is to make a technical amendment to omit a misdescribed item (item 3) of the Classification Amendment Principles 2005 (No.1) and to give effect to the purpose of the original misdescribed item.
Principles made under the Aged Care Act 1997
Subsection 96-1(1) of the Aged Care Act 1997 (“the Act”) allows the Minister to make Principles providing for various matters required or permitted by a Part or section of the Act.
Subsection 96-1(2) of the Act provides that any Principles made under subsection 96-1(1) of the Act are disallowable instruments.
The Classification Principles is one of the sets of Principles made under the Act.
Context of the Classification Amendment Principles 2005 (No. 2)
The intention of the Classification Amendment Principles 2005 (No.1) was to amend the Classification Principles 1997 (‘the Classification Principles’) to establish that, where a residential care recipient takes hospital leave followed by leave for transition care for a combined and continuous period of 30 days or more, the expiry date for a classification is at the end of the combined period of leave, regardless of whether the original expiry date would have fallen within or after this period.
The purpose of item 3 of the Classification Amendment Principles 2005 (No.1) was to make it clear that section 9.29B of the Classification Principles, which specifies the expiry date for a classification of a care recipient who takes extended hospital leave, does not specify the expiry date for a classification of a care recipient who takes extended hospital leave that is followed immediately by leave as provided by subsection 42-2(3A) of the Act (that is, where extended hospital leave is followed immediately by transition care leave).
Because item 3 of the Classification Amendment Principles 2005 (No.1) was misdescribed, the amendment to section 9.29B was ineffective. This could result in some question as to whether it is section 9.29B or the new section 9.29D, which was inserted by the Classification Amendment Principles 2005 (No.1), that would operate to specify the expiry date for a classification of a care recipient who takes extended hospital leave plus transition care leave. The purpose of the Classification Amendment Principles 2005 (No.2) is to correct this anomaly and clarify that it is section 9.29D that specifies the expiry date under these circumstances.
Consultation
The parameters of transition care were developed through a consultation process with State and Territory Government representatives. All States and Territories were included in a Transition Care Task Group, along with appropriate clinical representatives.
Regulation impact statement
The Office of Regulation Review (ORR) assessed the proposed amendments and determined that the preparation of a Regulation Impact Statement was not required (ORR ID number 7425).
ATTACHMENT
NOTES ON CLAUSES
Clause 1 provides that the Amending Principles are to be cited as the Classification Amendment Principles 2005 (No. 2).
Clause 2 provides that the Principles are taken to have commenced on 24 June 2005 (the date that the Classification Amendment Principles 2005 (No. 1) were registered).
Clause 3 amends the Classification Amendment Principles 2005 (No. 1) as directed in Schedule 1 of the Classification Amendment Principles 2005 (No. 2).
Clause 4 amends the Classification Principles 1997 as directed in Schedule 2 of the Classification Amendment Principles 2005 (No. 2).
Schedule 1: Amendment of the Classification Amendment Principles 2005 (No. 1)
Item 1 removes a misdescribed item (item 3) from the Classification Amendment Principles 2005 (No.1).
Schedule 1: Amendment of Classification Principles 1997
Item 1 amends section 9.29B, which specifies the expiry date for a classification of a residential care recipient who takes extended hospital leave (that is, for a continuous period of 30 days or more), so that it does not apply where a period of extended hospital leave is immediately followed by a period of leave for transition care (as provided by subsection 42‑2(3A)). This brings into effect the original intention of the misdescribed item (item 3) of the Classification Amendment Principles 2005 (No.1).
Overview
The Classification Amendment Principles 2005 (No. 2) was enacted to rectify an oversight in the Classification Amendment Principles 2005 (No. 1), which had misdescribed a provision concerning the expiry date for a classification of a care recipient who takes extended hospital leave followed by transition care leave. This legislation, introduced by the Minister for Ageing, aims to ensure that the expiry date for a classification is correctly determined at the end of the combined period of leave, thereby aligning with the original intent of the earlier principles. The objective of this amendment is to eliminate ambiguity and ensure consistency in the application of classification rules under the Aged Care Act 1997.
The Aged Care Act 1997 empowers the Minister to make principles that address various requirements and permissions under the Act, with these principles being subject to disallowance by Parliament. The Classification Amendment Principles 2005 (No. 2) was developed after consultation with State and Territory Government representatives, reflecting a collaborative effort to refine the transition care provisions. The Office of Regulation Review concluded that a Regulation Impact Statement was unnecessary for these amendments, underscoring the minimal disruption and administrative burden they are expected to impose.
Scope and Application
The Classification Amendment Principles 2005 (No.2) pertains to the amendment of the Classification Amendment Principles 2005 (No.1) and the Classification Principles 1997, both of which are made under the Aged Care Act 1997. These principles apply to residential care recipients, specifically those who take extended hospital leave followed by leave for transition care for a combined period of 30 days or more. The amendment clarifies that it is section 9.29D, not section 9.29B, that specifies the expiry date for a classification of a care recipient under these circumstances. The principles are intended to ensure that the expiry date for a classification is at the end of the combined period of leave, regardless of whether the original expiry date would have fallen within or after this period. The principles apply across Australia, as they are made under a Commonwealth Act. There are no stated exclusions or exemptions in these principles, but they may be subject to further interpretation or clarification through subordinate instruments.
Key Provisions
The Classification Amendment Principles 2005 (No. 2) primarily serves to correct an error in a previous set of principles, the Classification Amendment Principles 2005 (No.1). Specifically, section 3 of the Classification Amendment Principles 2005 (No. 2) removes a misdescribed item (item 3) from the earlier principles, and section 4 amends the Classification Principles 1997 to clarify the expiry date for a classification of a residential care recipient who takes extended hospital leave, followed by transition care leave. These changes aim to ensure that the expiry date for a classification aligns with the original intention of the earlier principles, which was to set the expiry date at the end of a combined and continuous period of 30 days or more of hospital and transition care leave.
Under the Aged Care Act 1997, the Minister for Ageing has the authority to make principles that provide for various matters required or permitted by a Part or section of the Act. The Classification Amendment Principles 2005 (No. 2) are made under this authority, and as disallowable instruments, they can be subject to disallowance by either House of Parliament. These principles are designed to clarify the rules around the classification of residential care recipients who take extended hospital leave followed by transition care leave, ensuring that the expiry date for their classification is correctly set.
The Classification Amendment Principles 2005 (No. 2) do not impose new obligations or requirements on parties or entities beyond those already set out in the Aged Care Act 1997. However, by correcting the misdescription in the earlier principles, it ensures that all relevant parties understand and comply with the correct rules regarding the classification of care recipients who take extended hospital leave followed by transition care leave. This includes clarifying that section 9.29D, rather than section 9.29B, specifies the expiry date for such classifications.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Classification Amendment Principles 2005 (No. 2) for breaches of the principles themselves. However, failure to comply with the requirements of the Aged Care Act 1997 or the Classification Principles 1997, as amended by these principles, could result in penalties under the Act. These penalties can include fines and other sanctions as prescribed by the Act, depending on the nature and severity of the non-compliance. The exact penalties would be determined in accordance with the provisions of the Aged Care Act 1997.