Community Visitors Grant Principles 1997

Community Visitors Grant Principles 1997

as amended

made under subsection 96‑1(1) of the

Aged Care Act 1997

Compilation start date:  1 July 2013

Includes amendments up to: Community Visitors Grant Amendment (ABS Material) Principle 2013

About this compilation

The compiled instrument

This is a compilation of the Community Visitors Grant Principles 1997 as amended and in force on 1 July 2013. It includes any amendment affecting the compiled instrument to that date.

This compilation was prepared on 5 August 2013.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled instrument is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.

Modifications

If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes.

Contents

Part 1—Preliminary

13.1 Citation

13.2 Commencement

13.3 Definitions

13.4 Maximum number of community visitors

Part 1A—Applications for community visitors grants

13.4A Purpose of Part (Act s 82‑2)

13.4B Eligibility to apply

Part 2—Deciding whether to make community visitors grants

13.5 Purpose of Part (Act, s 82‑3)

13.6 The criteria

13.7 Telling applicant of the decision

Part 3—Conditions of community visitors grant

13.8 Purpose of Part (Act, s 82‑4)

13.9 Condition of community visitors grant

13.10 Additional condition of community visitors grant

Endnotes

Endnote 1—Legislation history

Endnote 2—Amendment history

Endnote 3—Uncommenced amendments [none]

Endnote 4—Misdescribed amendments [none[

Part 1—Preliminary

13.1  Citation

  These Principles may be cited as the Community Visitors Grant Principles 1997.

13.2  Commencement

  These Principles commence on 1 October 1997.

13.3  Definitions

  In these Principles:

Act means the Aged Care Act 1997.

approved body means a body with which the Secretary has decided to enter into a grant agreement.

community visitor means an individual who:

 (a) is employed or otherwise engaged by a body that carries out 1 or more of the purposes mentioned in paragraphs 82‑1(1)(a), (b) and (c) of the Act; and

 (b) implements the purposes by direct contact with care recipients.

community visitors grant agreement means an agreement under which a community visitors grant is payable.

police certificate, for a person, means a report prepared by the Australian Federal Police or by the police force or police service of a State or Territory about the person’s criminal conviction record.

project means:

 (a) for an applicant for a community visitors grant—the activity for which the applicant wishes to receive the grant; or

 (b) for an approved body—the activity to which the community visitors grant agreement relates or is to relate.

Note: A number of expressions used in these Principles are defined in the Act including the following:

(a) community visitors grant;

(b) local government authority.

13.4  Maximum number of community visitors

  The Secretary may, in writing, determine the maximum number of community visitors who may be approved:

 (a) under all current community visitors grant agreements; and

 (b) for each approved body.

Note 1: A community visitors grant cannot be made for a project if it would take the number of community visitors under funding over the maximum number (if any) (see s 13.6(1)(c)).

Note 2. The maximum number of community visitors, nationally and for each State and Territory, is decided each year before applications are called for the next financial year’s funding round.  The number depends on the annual appropriation for the scheme.

Part 1A—Applications for community visitors grants

13.4B  Eligibility to apply

  A body mentioned in subsection 82‑2(3) of the Act is eligible to apply for a community visitors grant, if the body is:

 (a) a local government authority; or

 (b) a charitable or religious body.

Note: Subsection 82‑2(2) of the Act specifies how an application must be made.

Part 2—Deciding whether to make community visitors grants

13.6  The criteria

 (1) The Secretary must take into account the following criteria:

 (a) the applicant must have adequate and appropriate experience, skills, infrastructure and resources to enable it to carry out its project;

 (b) the applicant must be able to meet the special needs (if any) of particular groups to which its project relates;

 (c) a decision to approve a community visitors grant must not result in the total number of community visitors who may be approved under community visitors grant agreements exceeding the maximum number of community visitors (if any) determined under subsection 13.4(1);

 (d) whether the approved body's principal place of business is located in an area that is not a major city;

 (e) whether all or part of the project is to be carried out at facilities located in an area that is not a major city;

 (f) for an application by a body referred to in paragraph 82‑2(3)(b) of the Act, whether the direct association between the applicant and the relevant approved provider would adversely affect the way in which the applicant, as an approved body, would perform its obligations under the community visitors grant agreement that would be applicable to it.

Note: The Act specifies the purposes of community visitors grants, who may make an application and how the application must be made (see subsections 82‑1 and 82‑2).

  For paragraphs (1)(d) and (e), major city means one of the major cities of Australia within the meaning of the Australian Statistical Geography Standard (ASGS): Volume 5 - Remoteness Structure, July 2011, produced by the Australian Bureau of Statistics.

13.7  Telling applicant of the decision

 (1) The Secretary must tell an applicant for a community visitors grant, in writing, of the decision made on the application.

 (2) If the decision is to make a grant to the applicant, the Secretary must tell the applicant, in writing, of the amount of the grant, the period for which it is given, and the maximum number of community visitors who may be approved under the community visitors grants agreement for the grant.

Part 3—Conditions of community visitors grant

13.9  Condition of community visitors grant

  An approved body must not allow a person to become a community visitor unless the approved body is satisfied that:

 (a) there is for the person a police certificate that is dated not more than 3 years before the day on which the person first becomes a community visitor; and

 (b) the police certificate does not record that the person has been:

 (i) convicted of murder or sexual assault; or

 (ii) convicted of, and sentenced to imprisonment for, any other form of assault.

13.10  Additional condition of community visitors grant

 (1) This section applies if a person who wishes to become a community visitor was a citizen or permanent resident of a country other than Australia at any time after the person turned 16.

 (2) An approved body must not allow a person to whom this section applies to become a community visitor unless the approved body is satisfied that, in addition to meeting the conditions in section 13.9, the person has made a statutory declaration stating that the person has never been:

 (a) convicted of murder or sexual assault; or

 (b) convicted of, and sentenced to imprisonment for, any other form of assault.

Endnotes

Endnote 1—Legislation history

This endnote sets out details of the legislation history of the Community Visitors Grant Principles 1997.

Endnote 2—Amendment history

This endnote sets out the amendment history of the Community Visitors Grant Principles 1997.

Endnote 3—Uncommenced amendments [none]

There are no uncommenced amendments.

Endnote 4—Misdescribed amendments [none[

There are no misdescribed amendments.