Community Visitors Grant Amendment Principles 2012 (No. 1)

Administered by Department of Health, Disability and Ageing

Legislation au F2012L02059 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Mental Health and Ageing

 

Aged Care Act 1997

 

Community Visitors Grant Amendment Principles 2012 (No. 1)

 

The Community Visitors Scheme (CVS) is a national program funded under the Aged Care Act 1997 (the Act). The CVS helps to establish links between people living in an aged care service and their local community. The CVS aims to improve the quality of life of residents of aged care services who have limited family and social contact, and may be at risk of isolation from the general community for social or cultural reasons, or through disability. Community visitors grants are made to a variety of community based organisations to carry out the task of:

  • recruiting, training and supporting volunteer community visitors;
  • matching volunteers to residents of aged care services; and
  • supporting visitor-resident relationships.

 

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 Community Visitors Grant Principles).

 

The purpose of the Community Visitors Grant Amendment Principles 2012 (No. 1) (the Amending Principles) is to amend an inconsistency in reference to conditions of community visitors grants and to matters to which conditions of a community visitors grant must relate. Paragraph 82-4 (1) (a) of the Act refers to conditions of community visitors grants as set out in the Community Visitors Grant Principles. However, the Principles do not refer to the conditions, but rather refer to mandatory matters to which the conditions of a community visitors grant must relate, as set out in paragraph 82-4 (1) (b) of the Act. There are currently 39 mandatory matters to which conditions of a community visitors grant must relate. The Amending Principles significantly reduce the number of conditions to which a community visitors grant must be subject, with the aim of establishing appropriate conditions for community visitors grants. On this basis, the only mandatory condition for community visitors grants is in relation to police certificates for community visitors.

 

Details of the amendments are set out in the Attachment.

 

Consultation

 

As the amendments in the Amending Principles reduce regulatory burden by removing mandatory matters to which the conditions of a community visitors grant must relate, no consultation was undertaken.

 

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.

 


ATTACHMENT

 

Details of the Community Visitors Grant Amendment Principles 2012 (No. 1)

 

Clause 1 – Name of Principles

Clause 1 states that the name of the Amending Principles is the Community Visitors Grant Amendment Principles 2012 (No. 1).

 

Clause 2 – Commencement

Clause 2 states that the Principles are to commence on the day after they are registered.

 

Clause 3 – Amendment of Community Visitors Grant Principles 1997

Clause 3 states that Schedule 1 amends the Community Visitors Grant Principles.

 

Schedule 1 – Amendments

 

Item 1 Section 13.3, after definition of community visitors grant agreement

Item 1 inserts the definition of police certificate for the purposes of section 13.9 of the Amending Principles.  This definition is consistent with the definition of a police certificate set out in section 1.18 of the Accountability Principles 1998.

 

Item 2 Section 13.8

Item 2 removes an inconsistency between reference to matters to which the conditions of a community visitors grant must relate and reference to conditions of a community visitors grant, to make clear that Part 3 has regard to conditions of a community visitors grant under paragraph 82-4(1)(a) of the Aged Care Act 1997.

 

Item 3 Section 13.9

Item 3 repeals the heading ‘Mandatory conditions of community visitors grants’ and substitutes with a condition that an approved body must require a police certificate that is dated not more than 3 years before the day on which the individual first becomes a community visitor.  It sets out in paragraph 13.9(b) offences that preclude a person from being a community visitor.

 

Item 4 After section 13.9

Item 4 inserts section 13.10, ‘Additional condition of community visitors grant’, which includes a requirement for an individual who was a citizen or permanent resident of a country other than Australia at any time after the individual turned 16.  Such individuals, in addition to meeting the conditions set out in item section 13.9, are also required to make a statutory declaration stating that they have never been convicted of murder or sexual assault, and have not been convicted of and sentenced to imprisonment for any other form of assault.

 

Item 5 Schedule 1

Item 5 repeals Schedule 1 to the Community Visitors Grant Principles.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Community Visitors Grant 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

There are currently 39 mandatory matters to which conditions of a community visitors grant must relate. The purpose of the Community Visitors Grant Amendment Principles 2012
(No. 1) (the Amending Principles) is to significantly reduce those matters. The Amending Principles decrease the number of conditions to which a community visitors grant must be subject, with the aim of establishing appropriate conditions for community visitors grants. On this basis, the only mandatory condition for community visitors grants is in relation to police certificates for community visitors.

 

Human Rights Implications

This Legislative Instrument engages the following human rights:

 

Rights to equality and non-discrimination

 

The effect of the provision that precludes a person convicted of murder or sexual assault, or convicted of, and sentenced to imprisonment for, any other form of assault from becoming a community visitor is that a body receiving a community visitors grant will not be able to recruit a person with such a conviction to visit isolated recipients of aged care.

 

The precluding offences outlined in the Amending Principles are relevant to the inherent requirements of the role of a community visitor.  Community visitors aim to improve the quality of life of residents of aged care services who have limited family and social contact, and may be at risk of isolation from the general community.  Access to residents in a one-on-one, unsupervised capacity is therefore not only necessary, but essential to the aim of the program.  Given the nature of the access community visitors have to vulnerable aged people it is reasonable that criminal convictions of the kind expressed in the Amending Principles are precluding.  

 

Conclusion

This Legislative Instrument is compatible with human rights because to the extent that it might limit human rights, those limitations are reasonable and proportionate.

 

 

Mark Butler

Minister for Mental Health and Ageing

Overview

The Community Visitors Grant Amendment Principles 2012 (No. 1) were introduced to amend the Aged Care Act 1997, specifically addressing an inconsistency in the conditions under which community visitors grants were made. Enacted by the Minister for Mental Health and Ageing, these principles aim to streamline the grant conditions, reducing the regulatory burden on organisations involved in the Community Visitors Scheme. This scheme, funded under the Aged Care Act 1997, seeks to connect residents of aged care services with their local communities, particularly those at risk of isolation. The primary objective of these amendments is to establish more appropriate conditions for community visitors grants, with the sole mandatory condition now being police certificates for community visitors, while also ensuring that the inherent requirements and safety of the role are upheld. The Community Visitors Grant Amendment Principles 2012 (No. 1) were developed to clarify and refine the conditions of community visitors grants, ensuring they align with the overarching goals of the Aged Care Act 1997. By reducing the number of mandatory matters to which the grants must relate, the principles aim to facilitate smoother operations for organisations involved in the scheme. This amendment underscores a commitment to enhancing the quality of life for aged care residents, particularly those who are socially isolated, while maintaining stringent safety and suitability standards for community visitors. The amendments reflect a balance between regulatory efficiency and the protection of vulnerable individuals in aged care settings.

Scope and Application

The Community Visitors Grant Amendment Principles 2012 (No. 1) amends the conditions of community visitors grants made under the Aged Care Act 1997. These grants are provided to community-based organisations to support the recruitment, training, and matching of volunteer community visitors with residents of aged care services, with the aim of reducing isolation and enhancing the quality of life for these residents. The Amending Principles primarily address an inconsistency in the original Community Visitors Grant Principles 1997 by reducing the number of mandatory conditions to which community visitors grants must relate, streamlining the grant conditions to focus primarily on the necessity for police certificates for community visitors. This amendment aims to establish more appropriate conditions for the grants. The new conditions also include a requirement for individuals who have been citizens or permanent residents of countries other than Australia after turning 16 to make a statutory declaration of their criminal history, specifically excluding those with convictions for murder, sexual assault, or other forms of assault resulting in imprisonment. This legislative instrument applies nationally, as it is a Commonwealth initiative under the Aged Care Act 1997, and it affects all community-based organisations receiving community visitors grants across Australia. The Amending Principles themselves do not detail any exclusions or thresholds but focus on setting clear and necessary conditions for the grants. The application of the Act extends through subordinate instruments as specified in the Aged Care Act 1997.

Key Provisions

The main operative sections of the Community Visitors Grant Amendment Principles 2012 (No. 1) involve amending the conditions that apply to community visitors grants under the Aged Care Act 1997 (the Act). Clause 3 of the Amending Principles modifies the Community Visitors Grant Principles 1997 to address inconsistencies and reduce the number of mandatory conditions that apply to community visitors grants. The primary change is the introduction of a single mandatory condition, which requires community visitors to provide a police certificate dated no more than three years prior to their engagement as a visitor (Item 3). Furthermore, individuals who were citizens or permanent residents of a country other than Australia after turning 16 must also make a statutory declaration stating that they have not been convicted of murder, sexual assault, or any other form of assault resulting in imprisonment (Item 4). These changes aim to streamline the grant conditions while ensuring the safety and suitability of community visitors. The Act imposes certain obligations and requirements on the parties or entities it governs. Approved bodies receiving community visitors grants must ensure that all community visitors meet the mandatory condition of providing a recent police certificate and, if applicable, a statutory declaration. These conditions are essential to maintaining the integrity and safety of the Community Visitors Scheme. Additionally, community visitors themselves are required to comply with these conditions to be eligible for the grant. The streamlined conditions are designed to facilitate the smooth operation of the scheme while maintaining the necessary safeguards for vulnerable aged care residents. The Amending Principles introduce several offences and potential penalties for non-compliance. Firstly, any community visitor who fails to provide a police certificate dated no more than three years before their engagement or a statutory declaration where required, commits an offence (Item 3). Secondly, any person who knowingly makes a false statement in a statutory declaration commits an offence (Item 4). While the Amending Principles do not specify maximum penalties for these offences, breaches of conditions under the Aged Care Act 1997 can result in significant penalties. For instance, individuals found guilty of serious offences related to aged care can face substantial fines and imprisonment. Organisations that fail to comply with the Act’s conditions may also face financial penalties and other enforcement actions. The Community Visitors Grant Amendment Principles 2012 (No. 1) aim to improve the quality of life for aged care residents by refining the conditions governing community visitors grants. The Amending Principles reduce the number of mandatory conditions, simplifying the grant process while maintaining critical safeguards. Approved bodies and community visitors must adhere to the new requirements, including the provision of police certificates and statutory declarations where necessary. Non-compliance with these conditions can lead to offences with potential legal consequences. These amendments reflect a balanced approach to regulation, ensuring the safety and effectiveness of the Community Visitors Scheme.

Legal classification tags

Area of Law
Aged Care Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Prohibited Conduct
Regulatory Standards
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Community Visitors Grant Principles

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.