EXPLANATORY STATEMENT
Issued by the authority of the Minister for Mental Health and Ageing
Aged Care Act 1997
Community Visitors Grant Amendment (ABS Material) 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 Community Visitors Grant Principles 1997 (the Principles).
Under Part 5.6 of the Act, the Commonwealth may grant money to bodies corporate. Grants of money under this Part of the Act are known as community visitors grants. Community visitors are sponsored by an organisation to allow care recipients to maintain contact with their community in various ways. The Principles set out the requirements to be met in making community visitors grants described in Part 5.6 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 increased funding to extend the community visitors scheme to enable community visitors to not only visit residential care residents but to also help recipients of home care to remain connected to the community. While amendments to the Act will ensure the extension of the scheme to recipients of home care, amendments to the Principles are necessary to ensure the currency of references to the Australian Bureau of Statistics (ABS) material. Details of these amendments are set out in the Attachment.
The purpose of the Community Visitors Grant Amendment (ABS Material) Principle 2013
(the Amending Principle) is to make minor consequential amendments to align the Principles with contemporary drafting practice and changes in statistical geography terminology.
The Amending Principle is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Consultation
In April 2012, the Government announced the Living Longer Living Better aged care reform package. This package was developed in close consultation with the aged care sector, including consumers, industry and professional bodies.
As part of the consultation on the proposed changes to the Act, and to delegated legislation, arising from the Living Longer Living Better aged care reforms, the Government communicated its intention to examine the delegated legislation and, where possible, simplify the delegated legislation and remove redundant provisions.
This intent was communicated 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 also held briefing sessions in Melbourne, Sydney and Canberra on the proposed changes. The intention to remove redundant provisions from delegated legislation was discussed at these briefings.
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. As part of these consultations, the intention to remove redundant provisions from the delegated legislation was again discussed. 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 July 2013.
ATTACHMENT
Details of the Community Visitors Grant Amendment (ABS Material) Principle 2013
Clause 1 states that the name of the Amending Principle is the Community Visitors Grant Amendment (ABS Material) Principle 2013.
Clause 2 states that the Amending Principle commences on 1 July 2013.
Clause 3 provides that the authority for the making of the Amending Principle is the Aged Care Act 1997.
Clause 4 provides that each instrument that is specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the instrument has effect according to its terms.
Schedule 1 – Amendments
Item 1 - Section 13.3 (note at the end)
Item 1 repeals the boxed note at the end of section 13.3 and replaces it with a new note that provides that a number of expressions used in the Principles are defined in the Act including ‘community visitors grant’ and ‘local government authority’. This amendment is consistent with current drafting conventions that terms used regularly within all aged care principles, such as ‘approved provider’ and ‘care recipient’, are removed. These terms continue, for the purposes of the Principles, to have the meaning set out in the Dictionary in Schedule 1 to Aged Care Act 1997. Terms used less commonly are specified in the note as expressions that are defined in the Aged Care Act 1997.
Items 2 and 3 - Paragraph 13.6(1)(d) and Paragraph 13.6(1)(e)
Subsection 13.6(1) describes the matters that the Secretary must take into account in deciding whether to make a community visitors grant. Two of these matters are:
- whether the approved provider’s principal place of business is located in a rural or remote area (paragraph 13.6(1)(d)); and
- whether all or part of the project is to be carried out at facilities located in a rural or remote area (paragraph 13.6(1)(e))
Items 2 and 3 amend these criteria to replace the term ‘rural or remote area’ with the term ‘area that is not a major city’. This geographical reference is consistent with contemporary Australian Bureau of Statistics material and with other aged care principles that make reference to geographical location.
Item 4 - Subsection 13.6(2)
Item 4 removes the reference, in section 13.6(2), to ‘Rural, Remote and Metropolitan Areas Classification’, 1991 Census Edition, published by the Australian Government Publishing Service, November 1994 (previously used to determine geographical classifications) and replaces it with a reference to the Australian Statistical Geography Standard: Volume 5 – Remoteness Structure, July 2011, produced by the Australian Bureau of Statistics.
In January 2013, the Australian Bureau of Statistics updated the Remoteness Structure to incorporate 2011 Census information. The Remoteness Structure provides an objective way to compare the remoteness of a location with other locations.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Community Visitors Grant Amendment (ABS Material) Principle 2013
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.
Overview of the Legislative Instrument
The Community Visitors Grant Principles 1997 (the Principles) set out the requirements to be met in making community visitors grants. The purpose of the Community Visitors Grant Amendment (ABS Material) Principle 2013 (Legislative Instrument) is to make amendments to align the Principles with contemporary drafting practice and to update references to Census material.
Human Rights Implications
This Legislative Instrument makes minor consequential amendments to the Community Visitors Grant Principles 1997 to align the Principles with contemporary drafting practice and changes in statistical geography terminology. The Legislative Instrument does not engage any human rights issues.
Conclusion
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, as it does not engage any of the applicable rights or freedoms or alter any human rights safeguards currently in place.
The Hon Mark Butler MP
Minister for mental Health and Ageing