Community Care Subsidy Principles 1997

Administered by Department of Health, Disability and Ageing

Legislation au F1998B00258 Not in force Legislative Instrument

Legislation content

Community Care Subsidy Principles 1997

as amended

made under subsection 96-1 (1) of the

Aged Care Act 1997

This compilation was prepared on 19 October 2012
taking into account amendments up to Community Care Subsidy Amendment Principles 2012 (No. 1)

Prepared by the Office of Parliamentary Counsel, Canberra

 

Contents

Part 1 Preliminary 

 12.1 Citation [see Note 1]

 12.2 Commencement 

 12.3 Definitions 

Part 2 Meaning of community care 

 12.4 Purpose of Part (Act, s 45-3) 

 12.5 The care 

Part 3 Suspension of community care services 

 12.6 Purpose of Part (Act, s 46-2) 

 12.7 Specification of matters 

Part 4 Advances of community care subsidy 

 12.8 Purpose of Part (Act, s 47-3) 

 12.9 Requirement 

Notes  

 

 

Note:  Part 3.2 of the Aged Care Act 1997

Community care is care consisting of a package of personal care services and other personal assistance provided to a person who is not being provided with residential care.

These Principles specify kinds of care that are, or are not, included in the package.

Part 1 Preliminary

 

12.1 Citation [see Note 1]

  These Principles may be cited as the Community Care Subsidy Principles 1997.

12.2 Commencement

  These Principles commence on 1 October 1997.

12.3 Definitions

  In these Principles:

Act means the Aged Care Act 1997.

transition care has the meaning given by section 15.28 of the Flexible Care Subsidy Principles 1997.

Note:  Definitions

A number of expressions used in these Principles are defined in the Aged Care Act 1997 (see Dictionary in Schedule 1), including:

         aged care

         approved provider

         residential care service.


Part 2 Meaning of community care

12.4 Purpose of Part (Act, s 45-3)

  This Part specifies care that constitutes community care.

12.5 The care

 (1) Community care for a person is constituted by providing a package of services, including personal assistance, for any of the following:

 (a) bathing, showering, or personal hygiene;

 (b) toileting;

 (c) dressing or undressing;

 (d) mobility;

 (e) transfer;

 (f) preparing and eating meals;

 (g) sensory communication, or fitting sensory communication aids;

 (h) laundry;

 (i) home help;

 (j) gardening;

 (k) short-term illness.

 (2) Community care for a person is also constituted by providing any of the following kinds of care:

 (a) special diet;

 (b) control and administration of medication prescribed by a medical practitioner, subject to legal  restrictions on providing the medication;

 (c) rehabilitative support, or helping to get access to rehabilitative support, to meet a professionally determined therapeutic need;

 (d) administration of treatment such as eye drops, back rubs, dressings and urine tests, subject to legal restrictions on providing the treatment;

 (e) emotional support and direct supervision;

 (f) having at least 1 responsible person or agency, approved by the organisation providing the community care, reasonably near and continuously on call to give emergency assistance when needed;

 (g) transport to help the person shop, visit a medical practitioner or attend socialisation activities;

 (h) temporary respite care in the home;

 (i) home maintenance, including modification, reasonably required to maintain the home and garden in a condition of functional safety and provide an adequate level of security;

 (j) arranging social activities, providing or coordinating transport to social functions at a reasonable frequency and other out-of-home services that help prevent social isolation;

 (k) advocacy services to help protect the person’s interests;

 (l) support services to maintain personal affairs;

 (m) other services required to maintain the person at home.

 (3) Community care for a person may be provided at one of the following levels:

 (a) home care level 1, comprising a basic care package;

 (b) home care level 2, comprising a low care package;

 (c) home care level 3, comprising an intermediate care package;

 (d) home care level 4, comprising a high care package.


Part 3 Suspension of community care services

12.6 Purpose of Part (Act, s 46-2)

  This Part makes provision about days on which, and the maximum number of days for which, community care is taken to have been provided despite its temporary suspension.

12.7 Specification of matters

 (1) For subparagraph 46-2 (3) (b) (ii) of the Act, there is specified:

 (a) an alternative care service (other than flexible care in the form of transition care) at a level at least equivalent to community care; or

 (b) flexible care that is:

 (i) in the form of transition care; and

 (ii) provided by an approved provider to whom a flexible care subsidy is payable in respect of the care recipient and the day.

 (2) For subparagraph 46-2 (3) (b) (iii) of the Act, there is specified any period for which the care recipient has requested, for any reason (other than a reason covered by subparagraph 462 (3) (b) (i) or (ii) of the Act), that the approved provider suspend, on a temporary basis, the provision of community care to the care recipient.

 (3) For subsection 46-2 (4) of the Act, the maximum number of days for which, under subsection 46-2 (3) of the Act, a care recipient may be taken to have been provided with community care during a particular year is:

 (a) for subparagraph 46-2 (3) (b) (ii) of the Act, in respect of a period mentioned in paragraph (1) (a) of these Principles — 28 days; and

 (b) for subparagraph 46-2 (3) (b) (iii) of the Act — 28 days.

 (4) For the purposes of Part 3.2 of the Act, and in addition to any period for which a care recipient may be taken under subsection 46-2 (3) of the Act to have been provided with community care, the care recipient is to be taken to have been provided with community care as required by the community care agreement during any period of less than 5 consecutive days for which the care recipient has requested that the approved provider suspend, on a temporary basis, the provision of community care to the care recipient (regardless of the reason for the care recipient’s request).


Part 4 Advances of community care subsidy

12.8 Purpose of Part (Act, s 47-3)

  This Part sets out a requirement for working out amounts of advances of community care subsidy.

12.9 Requirement

  Amounts of advances must be worked out by taking into account only care recipients who are being provided with community care in accordance with a community care agreement.

Notes to the Community Care Subsidy Principles 1997

Note 1

The Community Care Subsidy Principles 1997 (in force under subsection 96-1 (1) of the Aged Care Act 1997) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Community Care Subsidy Principles 1997

29 Sept 1997
(see Gazette, 1997, No. S380)

1 Oct 1997

 

Community Care Subsidy Amendment Principles 2005 (No. 1)

24 June 2005 (see F2005L01662)

24 June 2005

Community Care Subsidy Amendment Principles 2012 (No. 1)

18 Oct 2012 (see F2012L02056)

19 Oct 2012

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Part 1

 

Heading to s. 12.3.......

rs. No. 1, 2005

S. 12.3...............

am. No. 1, 2005

Part 2

 

S. 12.5...............

am. No. 1, 2012

Part 3

 

S. 12.7...............

rs. No. 1, 2005

 

 

Overview

The Community Care Subsidy Principles 1997 were enacted under subsection 96-1(1) of the Aged Care Act 1997 to address the need for a structured definition of community care and to provide guidelines on the suspension of community care services and the calculation of advances of community care subsidy. These Principles were introduced to ensure that the community care provided to individuals who are not in residential care is clearly defined and to establish a framework for handling temporary suspensions of care and determining subsidy advances. The Aged Care Act 1997, enacted by the Australian Parliament, aims to provide a comprehensive framework for the aged care system, ensuring that older Australians receive the necessary care and support. The policy objective of the Community Care Subsidy Principles 1997 is to clarify the types of care that constitute community care, thus providing a consistent and transparent basis for determining the provision of care services and subsidies.

Scope and Application

The Community Care Subsidy Principles 1997 apply to persons who are eligible for community care services under the Aged Care Act 1997. These principles provide the framework for the provision of community care services, which consist of a package of personal care services and other personal assistance provided to a person who is not being provided with residential care. The principles outline the types of care that are included in the community care package, such as personal hygiene, mobility, medication administration, and home maintenance, among others. The principles also specify the conditions under which community care services may be suspended, and the maximum number of days for which care may be considered provided during a temporary suspension. Furthermore, the principles establish the requirements for calculating advances of community care subsidy. These principles have a national jurisdictional reach, as they are made under the Aged Care Act 1997, which is a Commonwealth Act. The principles have been amended several times since their commencement, with the latest amendment coming into effect on 19 October 2012. The Community Care Subsidy Principles 1997 apply to all persons who are eligible for community care services under the Aged Care Act 1997, including individuals and entities that provide community care services. The principles apply to all types of community care services, including personal care services and other personal assistance provided to a person who is not being provided with residential care. The principles apply to all levels of home care, from basic care packages to high care packages. The principles also apply to the calculation of advances of community care subsidy. However, the principles do not apply to residential care services, which are governed by separate legislation. The principles have a national jurisdictional reach, as they are made under the Aged Care Act 1997, which is a Commonwealth Act. The principles may be extended or restricted through subordinate instruments, such as regulations or guidelines, made under the Aged Care Act 1997.

Key Provisions

The Community Care Subsidy Principles 1997, as amended, specify the types of care that constitute community care under the Aged Care Act 1997. Section 12.5 details the kinds of services included in community care, such as personal assistance in bathing, dressing, and meal preparation, as well as other support services like medication administration and emotional support. These services are intended to help individuals remain in their own homes rather than requiring residential care. The Act imposes obligations on care recipients, providers, and the government to ensure that community care is provided as outlined in these principles. Care recipients must request services that align with the specified community care activities. Approved providers, on the other hand, must deliver the care according to the community care agreement, ensuring the services meet the defined standards. The government is responsible for monitoring and regulating these services to ensure compliance with the Act. Breaching these provisions can result in various consequences. For instance, providers found not to be delivering services in accordance with the community care agreement may face administrative penalties or sanctions, including fines and potential suspension or revocation of their provider status. Failure to comply with the requirements for community care can also result in the denial of subsidies or other financial support intended for care recipients. In severe cases, persistent non-compliance could lead to criminal charges, particularly if it is found that the provider has engaged in fraudulent activities to obtain subsidies. The maximum penalties for such offences can include substantial fines and imprisonment, depending on the severity and frequency of the breaches.

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