Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2023

Administered by Department of Health, Disability and Ageing

Legislation au F2023L00911 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

National Health Act 1953

 

Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2023

 

Purpose and operation

The Continence Aids Payment Scheme (CAPS) provides for a monetary payment (CAPS payment) to be made to an eligible person, which is intended to contribute towards the cost of purchasing their continence aids.

 

The Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2023 (the Instrument) amends the Continence Aids Payment Scheme 2020 to increase the amount of the CAPS payment in line with the Consumer Price Index (CPI). The amendment will increase the amount of the CAPS payment from $650.40 to $676.50.

 

Authority

The Instrument is made under section 12 of the National Health Act 1953 (the Act). Section 12 of the Act provides that the Minister may, by legislative instrument, formulate a CAPS, 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 specifies that 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.

 

Reliance on subsection 33(3) of the Acts Interpretation Act 1901 Subsection 33(3) of the Acts Interpretation Act 1901 provides that 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.

Commencement

The Instrument commences on 1 July 2023.

 

Consultation

The CAPS payment amount was calculated according to an indexation formula based on the CPI figures supplied by the Department of Finance.

 

General

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

 

Details of the Instrument are set out in Attachment A.

 

The Instrument is compatible with the rights and freedoms recognised or declared under
section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility with human rights is set out in Attachment B.

ATTACHMENT A

 

 

Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2023

 

Section 1 – Name

 

This section provides that the name of the Instrument is the Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2023.

 

Section 2 – Commencement

 

This section provides that the Instrument commences on 1 July 2023.

 

Section 3 – Authority

 

This section provides that the Instrument is made under section 12 of the National Health Act 1953.

 

Section 4 – Schedule

 

This section 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 this instrument has effect according to its terms.

 

Schedule 1 – Amendments

 

Continence Aids Payment Scheme 2020

 

Item 1 – Subsection 11(1)

 

Item 1 omits “$650.40” from subsection 11(1) of the Continence Aids Payment Scheme 2020 and substitutes with “$676.50”. This increases the amount of CAPS payment to be made to an eligible person, to assist with the cost of purchasing their continence aids.

 

 

 


ATTACHMENT B

 

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 (Indexation of CAPS Payment) Instrument 2023

This disallowable 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 Legislative Instrument

The Continence Aids Payment Scheme 2020 (the Scheme) provides for a monetary payment (CAPS payment) to be made to an eligible person which is intended to contribute to their costs in purchasing continence aids.

 

The purpose of the Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2023 (the Instrument) is to amend the Scheme to increase the CAPS payment in line with the Consumer Price Index (CPI) from 1 July 2023.

 

Human rights implications

The Instrument engages the right to an adequate standard of living in Article 11 and the right to the enjoyment of the highest attainable standard of physical and mental health in Article 12 of the International Covenant on Economic, Social and Cultural Rights.

 

The Instrument increases the amount of payment under the Scheme paid to participating persons. This increase is in accordance with movements in the Consumer Price Index. It provides participating persons with further financial support to help meet some of the costs of their continence products.

 

Conclusion

The Instrument is compatible with human rights as it further promotes the realisation of relevant rights under Articles 11 and 12 of the International Covenant on Economic, Social and Cultural Rights.

 

 

The Hon Anika Wells MP

Minister for Aged Care

 

Overview

The Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2023, enacted under the authority of section 12 of the National Health Act 1953, aims to address the issue of providing adequate financial support to eligible individuals for the purchase of continence aids. This amendment was introduced by the Australian Parliament to adjust the Continence Aids Payment Scheme (CAPS) payment amount in line with the Consumer Price Index (CPI), ensuring that the financial assistance keeps pace with inflation. This legislative instrument is intended to support the right to an adequate standard of living and the highest attainable standard of physical and mental health, as outlined in the International Covenant on Economic, Social and Cultural Rights. The amendment increases the CAPS payment from $650.40 to $676.50, effective from 1 July 2023, providing greater financial support to those who rely on these essential aids.

Scope and Application

The Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2023 applies to the Continence Aids Payment Scheme (CAPS), which is established under section 12 of the National Health Act 1953. This Act authorises the Minister to formulate the CAPS, whereby the Commonwealth provides a monetary payment to eligible persons to assist with the cost of purchasing continence aids. The Instrument specifically amends the Continence Aids Payment Scheme 2020 to index the amount of the CAPS payment in line with the Consumer Price Index (CPI), raising the payment from $650.40 to $676.50 as of 1 July 2023. This amendment ensures that the financial support provided to eligible persons keeps pace with inflation, thereby maintaining the purchasing power of the CAPS payment. The Instrument has a national jurisdictional reach, as it pertains to the administration and operation of the CAPS across Australia. There are no stated exclusions or exemptions in the Instrument; however, eligibility for the CAPS payment under the amended Scheme will continue to be determined in accordance with the existing criteria set out in the Continence Aids Payment Scheme 2020. The application and operation of the Instrument may be further extended or restricted through subordinate instruments made under the authority of the National Health Act 1953.

Key Provisions

The Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2023 (the Instrument) makes changes to the Continence Aids Payment Scheme 2020 (the Scheme) under section 12 of the National Health Act 1953 (the Act). The key provision of the Instrument is the increase of the Continence Aids Payment (CAPS payment) from $650.40 to $676.50, which aligns with the Consumer Price Index (CPI) (section 4, Schedule 1, Item 1). This change aims to assist eligible persons with the costs of purchasing their continence aids. The Instrument also specifies the commencement date as 1 July 2023 (section 2). The Act and the Instrument impose obligations on the parties involved, primarily focusing on the provision of financial assistance to eligible persons through the CAPS payment. The primary obligation is for the Commonwealth to make the increased CAPS payment to eligible persons, as per the amended Scheme. The Instrument requires the payment to be indexed in line with the CPI, ensuring that the financial support keeps pace with inflation. Additionally, the Act requires the Minister to ensure that the legislative instrument is compatible with human rights, which is affirmed in Attachment B of the Instrument. Breaches of the obligations outlined in the Act and the Instrument may result in civil or criminal consequences. While the specific penalties are not detailed in the text, the Act generally provides for fines and other penalties for non-compliance with legislative requirements. For example, subsection 33(3) of the Acts Interpretation Act 1901 allows for the repeal, rescind, revoke, amend, or vary of any legislative instrument, implying that there are mechanisms in place to enforce compliance. The Instrument is also a disallowable legislative instrument, meaning that it can be disallowed by either House of Parliament, which serves as an additional check on its implementation and enforcement. The compatibility of the Instrument with human rights is affirmed in Attachment B, which details how the changes align with Articles 11 and 12 of the International Covenant on Economic, Social and Cultural Rights. By increasing the CAPS payment in line with the CPI, the Instrument supports the right to an adequate standard of living and the right to the highest attainable standard of physical and mental health. The text concludes that the Instrument is compatible with human rights, as it further promotes the realisation of these rights.

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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.