Extra Service Amendment Principles 1999 (No. 1)

Administered by Department of Health, Disability and Ageing

Legislation au F1999B00057 Not in force Legislative Instrument

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Extra Service Amendment Principles 1999 (No. 1)

I, BRONWYN KATHLEEN BISHOP, Minister for Aged Care, make these principles under section 96-1 of the Aged Care Act 1997.

Dated 31 March 1999.

BRONWYN BISHOP
Minister for Aged Care

 

Extra Service Amendment Principles 1999 (No. 1)1

made under the

Aged Care Act 1997

 

 

 

Contents

 Page

 1 Name of principles 2

 2 Commencement 2

 3 Amendment of Extra Service Principles 1997 2

Schedule 1 Amendments 3

 

 

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1 Name of principles

  These principles are the Extra Service Amendment Principles 1999 (No. 1).

2 Commencement

  These principles commence on gazettal.

3 Amendment of Extra Service Principles 1997

  Schedule 1 amends the Extra Service Principles 1997.

 

Schedule 1 Amendments

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(section 3)

[1] Section 14.12

 substitute

14.12                             Application for grant or renewal of extra               service status

  The application must:

 (a) include the following particulars:

 (i) the name of the residential care service or proposed residential care service;

 (ii) the address of the place where the service is provided or proposed to be provided;

 (iii) the postal address of the service or the proposed service; and

 (b) set out, in enough detail to allow the Secretary to consider the application properly:

 (i) the number and nature of proposed extra services; and

 (ii) the hours for which, or frequency with which, they will be provided; and

 (iii) information required for consideration of criteria mentioned under  section 32-4 of the Act, including the matters mentioned in Division 3 of this Part; and

 (iv) information required for consideration of the competitive assessment of applications under section 32-5 of the Act, including the matters mentioned in Division 4 of this Part; and

 (c) if the application is for an area that is claimed to be a distinct part of a residential care service — explain how the area is a distinct part.

[2] Paragraph 14.18 (2) (b)

 substitute

 (b) for accommodation — the nature of the accommodation, including, for example:

 (i) the proportions of rooms with 1, 2, 3 and 4 or more places; and

 (ii) the availability of private ensuite facilities; and

 (iii) the availability of living, dining and recreation areas; and

 (iv) the size of residents’ rooms, ensuites, dining and lounge areas; and

 (v) the availability of outdoor facilities such as gardens or sitting areas;

[3] Part 4, Division 3, after section 14.19

 insert

14.19A Assessment of benefit to current and future               care recipients

 (1) This section specifies other matters that must be satisfied for the criterion in paragraph 32-4 (1) (e) of the Act.

 (2) The Secretary must be satisfied that there will be significant benefit to current and future care recipients in the region if the application is granted.

Example

Examples of matters that are indicative of likely benefits for this section include:

(a) whether the application includes innovations which would enhance service delivery to care recipients in the region; and

(b) how the applicant will ensure that current and future care recipients are fully informed about the fees and charges imposed, and the services that are provided.

14.19B Diversity of choice for care recipients

 (1) This section specifies other matters that must be satisfied for the criterion in paragraph 32-4 (1) (e) of the Act.

 (2) The Secretary must be satisfied that there will be a significantly increased diversity of choice for current and future care recipients, and their carers and families, if the application is granted, in relation to:

 (a) the different kinds of provider offering extra service in the region; or

 (b) the different kinds of extra services offered in the region; or

 (c) the different groups of care recipients who are offered extra service in the region.

Example for paragraph (a)

Kinds of providers include those from the private sector and the religious and charitable sector.

Examples for paragraph (b)

Kinds of service may relate to extra service packages that offer a greater range of choice as to:

  • the type, frequency, variety and quality of services and food available
  • the relevant fee structures applicable.

Examples for paragraph (c)

Groups of care recipients who are offered extra service include care recipients who:

  • are affected by dementia
  • belong to an ethnic community
  • belong to an indigenous community
  • are high or low care care recipients
  • are couples
  • wish to age in place.

14.19C Continuity of care

 (1) This section specifies other matters that must be satisfied for the criterion in paragraph 32-4 (1) (e) of the Act.

 (2) The Secretary must be satisfied that the extra services would provide current and future care recipients in the region with better access to continuity of care if the application is granted.

Example

If the region has a low proportion of services certified under Part 2.6 of the Act, or services that may not continue to operate, the Secretary may take into account whether the extra service will improve the long-term financial and organisational viability of the service if the application is granted.

The Secretary may also take into account whether the service has made suitable arrangements for continuity of care for existing care recipients during the transition to extra service status.

[4] Section 14.21

 substitute

14.21                                                                                                                 Assessment of benefit to current and future care recipients

  In having regard to the matter mentioned in section 14.19A, the Secretary must give priority to the applications that demonstrate the greater or greatest capacity to benefit current and future care recipients in the region.

14.21A Diversity of choice for care recipients

  In having regard to the matters mentioned in section 14.19B, the Secretary must give priority to the applications that demonstrate the greater or greatest capacity to increase diversity of choice for current and future care recipients, their carers and families.

14.21B Continuity of care

  In having regard to the matter mentioned in section 14.19C, the Secretary must give priority to the applications that demonstrate the better or best capacity to offer continuity of care to current and future care recipients in the region.

14.21C Other matters

  However, the Secretary may also have regard to any other relevant matter.

Note

1. Made by the Minister for Aged Care on 31 March 1999.

 

Overview

The Extra Service Amendment Principles 1999 (No. 1) were introduced under the Aged Care Act 1997 by Bronwyn Kathleen Bishop, the Minister for Aged Care. These principles were enacted to address the need for enhancing and clarifying the criteria and processes for granting or renewing extra service status to residential care services, ensuring that applications are detailed and provide sufficient information for proper consideration. The objective of these principles is to ensure that the applications submitted for extra service status provide detailed information about the proposed services, their benefits, and the impact on care recipients. By amending the Extra Service Principles 1997, the principles aim to provide more comprehensive guidelines for the Secretary to assess applications effectively, ensuring significant benefits to current and future care recipients, increased diversity of choice, and better continuity of care. These legislative amendments were made to provide a more structured approach to evaluating the eligibility and benefits of extra services in residential care settings.

Scope and Application

The Extra Service Amendment Principles 1999 (No. 1) apply to the grant or renewal of extra service status for residential care services in Australia. These principles are made under section 96-1 of the Aged Care Act 1997 and are designed to amend the Extra Service Principles 1997 to better align with current requirements and standards for aged care services. They apply to all residential care services that seek extra service status, which includes those providing care to both current and future care recipients. The principles mandate that applications for grant or renewal must include specific details about the service, such as its name, address, and the nature and details of the proposed extra services, ensuring that the Secretary has sufficient information to properly assess the application. Additionally, the principles require that the Secretary must be satisfied that the application demonstrates significant benefits to care recipients, increased diversity of choice, and better continuity of care. These requirements are designed to enhance the quality and accessibility of residential care services in Australia. Geographically, these principles apply across Australia, as they are made under the Aged Care Act 1997, which is a Commonwealth Act. They affect all residential care services seeking extra service status in any part of Australia. The principles do not explicitly state any exclusions or thresholds but are enforced through the amendment of the Extra Service Principles 1997. Subordinate instruments may further extend or restrict the application of these principles by providing additional guidelines or clarifications as necessary.

Key Provisions

The Extra Service Amendment Principles 1999 (No. 1) amend the Extra Service Principles 1997, which are made under the Aged Care Act 1997. These principles focus on the applications for the grant or renewal of extra service status for residential care services, specifying the particulars and details that must be included in such applications (section 14.12). They also detail the nature of accommodation that should be described in applications (paragraph 14.18(2)(b)). Additionally, the principles introduce new criteria for assessing applications, including the benefit to current and future care recipients (section 14.19A), the diversity of choice for care recipients (section 14.19B), and the continuity of care (section 14.19C). Furthermore, the principles set out the priority criteria for assessing applications, such as the capacity to benefit current and future care recipients (section 14.21), the capacity to increase diversity of choice (section 14.21A), and the capacity to offer continuity of care (section 14.21B). The Act imposes specific obligations on entities seeking extra service status. They must submit detailed applications that include the name and address of the service, the nature and number of proposed extra services, and the hours or frequency of service provision (section 14.12). Additionally, applicants must provide information that demonstrates the potential benefits of their application, such as innovations in service delivery, ensuring care recipients are informed about fees and charges, and how the application will increase diversity of choice and continuity of care (sections 14.19A, 14.19B, and 14.19C). The Secretary must also be satisfied that these applications meet the specified criteria before granting or renewing extra service status. The legislation does not explicitly outline specific offences, penalties, or consequences for breach. However, the failure to comply with the provisions of the Extra Service Amendment Principles 1999 (No. 1) could result in the application being rejected or the extra service status not being granted or renewed. This would mean that the residential care service would not receive the additional recognition and potentially the associated benefits of extra service status.

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Regulatory Standards
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Prioritization of Applications

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