Extra Service Amendment Principles 1999 (No. 2)

Overview

The Extra Service Amendment Principles 1999 (No. 2) were introduced to amend the Extra Service Principles 1997, under the Aged Care Act 1997. These principles were enacted to address the need for an increased diversity of choice for care recipients, their carers, and families regarding the types of extra services offered in their region and the groups of care recipients who can benefit from these services. The enactment of these principles by the Minister for Aged Care, Bronwyn Kathleen Bishop, aims to ensure that the provision of extra services in aged care facilities enhances the quality and variety of care options available. These principles came into effect upon gazettal on 5 May 1999, providing a clear policy direction for the provision of extra services in the aged care sector.

Scope and Application

The Extra Service Amendment Principles 1999 (No. 2) are legislative principles made under section 96-1 of the Aged Care Act 1997 by the Minister for Aged Care, Bronwyn Kathleen Bishop. These principles amend the Extra Service Principles 1997 and are intended to enhance the diversity of choice for current and future care recipients, their carers, and families in relation to the types of extra services offered and the different groups of care recipients who can access these services. The principles apply to entities and individuals involved in the provision of aged care services, particularly those seeking to offer additional services beyond the standard care arrangements. The principles are applicable across regions in Australia where the provision of aged care services is regulated and where the Minister for Aged Care has the authority to implement these amendments. The legislation does not explicitly state any exclusions, exemptions, or specific thresholds but implies that the satisfaction of the Secretary regarding increased diversity of choice is a key criterion for the approval of applications under these principles. The scope of application may be further defined or extended through subordinate instruments or regulations made under the Aged Care Act 1997.

Key Provisions

The Extra Service Amendment Principles 1999 (No. 2) (F1999B00072) are designed to amend the Extra Service Principles 1997 under the Aged Care Act 1997. These principles, which come into effect upon gazettal, primarily revise the criteria for approving applications for extra services in aged care facilities. Specifically, section 14.19B(2) of the amended principles requires the Secretary to be satisfied that granting the application will result in a significantly increased diversity of choice for current and future care recipients, their carers, and families (Schedule 1, Amendment). This increased choice can pertain to the variety of extra services offered, such as different types, frequencies, varieties, and qualities of services and food, as well as relevant fee structures. Additionally, it can relate to the different groups of care recipients who will benefit from these extra services, including those affected by dementia, members of ethnic or indigenous communities, high or low care recipients, couples, and those wishing to age in place. The obligations imposed by these principles on parties involved, such as care providers and applicants, require them to demonstrate how the proposed extra services will meet the criteria of significantly increasing choice and diversity. Care providers must provide detailed information on how their services will cater to the specified groups and types of care recipients, while applicants must clearly articulate the benefits of their proposed services in terms of increased choice and diversity. This includes providing evidence or projections that show how the new services will meet the needs of diverse care recipients and their families. Breaches of these principles can result in the refusal of the application for extra services. There are no specific criminal or civil penalties mentioned for non-compliance with these principles. However, the overarching legal framework under the Aged Care Act 1997 allows for further sanctions, including potential revocation of accreditation or other administrative actions against entities that fail to comply with the requirements of the Act and its associated principles.