Continence Aids Payment Scheme Amendment 2016

Administered by Department of Health, Disability and Ageing

Legislation au F2016L01085 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Aged Care

 

National Health Act 1953

 

Continence Aids Payment Scheme Amendment 2016

 

The National Health Act 1953 (the Act) is an Act relating to the provision of pharmaceutical, sickness and hospital benefits, and of medical and dental services.

Section 12 of the Act provides that the Minister may, by legislative instrument, formulate a Continence Aids Payment Scheme, under which the Commonwealth makes payments as a contribution towards the cost of buying products that help manage incontinence.

Paragraph 12(3)(c) of the Act states ‘…the legislative instrument may provide for … the amount of the contribution that is payable in each financial year in relation to a person who is participating in the scheme’.

Continence Aids Payment Scheme Amendment 2016 (the Amendment)

The Continence Aids Payment Scheme 2010 (CAPS) makes a monetary payment to an eligible person which is intended to contribute towards their costs in purchasing continence aids.

The purpose of the Amendment is to increase the contribution in line with the Consumer Price Index (CPI).

The Amendment is a legislative instrument for the purposes of the Legislation Act 2003.

 

Commencement

This Amendment commences on 1 July 2016.

 

Reliance on subsection 33(3) of the Acts Interpretation Act 1901

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Consultation

Indexation of the CAPS uses a formula based on the CPI supplied by the Department of Finance.  As this is in accordance with general policy upon which consultation was undertaken, no specific consultation was undertaken with respect to this amendment.

 

Regulation Impact Statement

The Office of Best Practice Regulation (OBPR) has advised that no Regulation Impact Statement is required (OBPR ID 16993).

ATTACHMENT

 

 

Details of the Continence Aids Payment Scheme Amendment 2016

 

Clause 1 states that the name of the instrument is the Continence Aids Payment Scheme Amendment 2016.

 

Clause 2 sets out the commencement date of the Amendment.

 

Clause 3 provides that the authority for the making of the instrument is the National Health Act 1953.

 

The authority for making the specific amendments is paragraph 12(3)(c).

 

Clause 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1 – Amendments

 

Continence Aids Payments Scheme 2010

 

Item 1 – Subsection 9(1)

This item provides for the indexation of the amount of CAPS payment for a financial year.


Statement of Compatibility with Human Rights

 

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

Continence Aids Payment Scheme Amendment 2016

The Continence Aids Payment Scheme Amendment 2016 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 Legislative Instrument

The Continence Aids Payment Scheme 2010 (CAPS) makes a monetary payment to an eligible person which is intended to contribute towards their costs in purchasing continence aids. The purpose of the Amendment is to increase the contribution in line with agreed indexation arrangements for this payment.

 

Human Rights Implications

This legislative instrument is compatible with the right to an adequate standard of living and to enjoyment of the highest attainable standard of physical and mental health, as set out in articles 11 and 12 of the International Covenant on Economic Social and Cultural Rights and articles 25 and 28 of the Convention on the Rights of Persons with Disabilities. 

This legislative instrument increases the dollar amount of payment under CAPS paid to participating persons. The increased amount helps to ensure that the level of payment made to participating persons keeps pace with increases in the CPI. 

Conclusion

This legislative instrument is compatible with human rights as it promotes the right to an adequate standard of living and the right to the highest attainable standard of physical and mental health.

 

 

[The Minister for Aged Care, the Hon Sussan Ley]

Overview

The Continence Aids Payment Scheme Amendment 2016 is an amendment to the National Health Act 1953, enacted to address the need for updating payments made under the Continence Aids Payment Scheme (CAPS) to align with the Consumer Price Index (CPI). This amendment was introduced by the Australian Government through the authority of the Minister for Aged Care, the Hon Sussan Ley. The primary objective of the Amendment is to ensure that the monetary contributions towards continence aids remain adequate and reflective of the current economic conditions, thereby supporting eligible participants in managing their incontinence-related expenses more effectively. By adjusting the payment amounts according to CPI changes, the Amendment aims to uphold the recipients' rights to an adequate standard of living and the highest attainable standard of physical and mental health, as recognised in international human rights instruments. The Amendment came into effect on 1 July 2016, and no specific consultation or Regulation Impact Statement was required as it adheres to the established policy framework and indexation methodology.

Scope and Application

The Continence Aids Payment Scheme Amendment 2016 applies to the existing Continence Aids Payment Scheme 2010, which provides a monetary payment to eligible individuals to assist with the costs of purchasing continence aids. This Amendment is made under the authority of the National Health Act 1953, specifically paragraph 12(3)(c), which allows the Minister to formulate a legislative instrument to adjust the contribution amount payable in each financial year. The Amendment is effective from 1 July 2016 and serves to index the payment amount in line with the Consumer Price Index, ensuring that the financial support provided to participants keeps pace with inflation. The Amendment does not introduce any new categories of participants or change the eligibility criteria but rather adjusts the financial contribution to maintain the purchasing power of the payments. The scope of the Amendment is confined to the financial aspect of the Continence Aids Payment Scheme, with no changes to the scheme's operational framework or participant eligibility.

Key Provisions

The main operative sections of the Continence Aids Payment Scheme Amendment 2016 (Clause 1) clarify that the amendment pertains to the Continence Aids Payment Scheme 2010, and Clause 2 establishes the commencement date of the Amendment, effective from 1 July 2016. Clause 3 cites the authority for the Amendment under the National Health Act 1953, specifically paragraph 12(3)(c). Clause 4 details how the specified instruments are amended or repealed according to the Schedule. The Schedule 1 – Amendments section modifies Subsection 9(1) of the Continence Aids Payments Scheme 2010, providing for the indexation of the amount of CAPS payment for each financial year. The Amendment imposes certain obligations and requirements on the parties governed by it. Firstly, it mandates the indexation of the Continence Aids Payment Scheme 2010 payment amount in line with the Consumer Price Index (CPI). This means that the payments made under the scheme will be adjusted annually to reflect changes in the CPI, ensuring that the purchasing power of the payments remains consistent over time. Secondly, the Amendment requires adherence to the formula based on the CPI supplied by the Department of Finance for calculating the indexation amount. This ensures that the adjustments are made using a standardised and reliable source of CPI data. There are no specific offences, penalties, or civil/criminal consequences outlined in the Amendment for breaches of its provisions. However, non-compliance with the indexation requirements or failure to adhere to the CPI-based formula could potentially lead to disputes or challenges regarding the validity of the payments made under the Continence Aids Payment Scheme. Such disputes would likely be addressed through the legal processes available for resolving issues related to the administration and implementation of government schemes.

Legal classification tags

Area of Law
Social Security Law
Health Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Indexation

Interactions

Authorises

All Versions

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.