Residential Care Subsidy Amendment Principles 2000 (No. 3)
I, Bronwyn Kathleen Bishop, Minister for Aged Care, make these Principles under subsection 96-1 (1) of the Aged Care Act 1997.
Dated 5th December 2000
BRONWYN BISHOP
Minister for Aged Care
1 Name of Principles
These Principles are the Residential Care Subsidy Amendment Principles 2000 (No. 3).
2 Commencement
These Principles commence on 8th December 2000.
3 Amendment of Residential Care Subsidy Principles 1997
Schedule 1 amends the Residential Care Subsidy Principles 1997.
Schedule 1 Amendments
(section 3)
[1] Section 21.3, Note
after
- accommodation charge
insert
- accreditation body
- accreditation requirement
- approved provider
[2] After Part 1
insert
Part 1A Determinations allowing for exceptional circumstances
21.3A Purpose of Part (Act, s 42-5)
This Part makes provision in relation to the application for, and making of, a determination under subsection 42-5 (1) of the Act that a residential care service is taken, for the purposes of Division 42 of the Act, to meet its accreditation requirement.
21.3B Application for determination
(1) In this section:
accreditation application means an application to the accreditation body, under subsection 2.4 (1) of the Accreditation Grant Principles 1999, by the approved provider of a residential care service for accreditation of the service.
exceptional circumstances determination application means an application to the Secretary by the approved provider of a residential care service for a determination under subsection 42‑5 (1) of the Act that the service is taken, for the purposes of Division 42 of the Act, to meet its accreditation requirement.
(2) For section 42-5 of the Act, the Secretary may give a written request to the accreditation body for the following information about a residential care service:
(a) whether an accreditation application by the approved provider of the service has been received by the accreditation body; and
(b) if so, information about the status of the accreditation application.
(3) If the accreditation body receives a request for information under subsection (2), the accreditation body must give a written response to the Secretary as soon as practicable.
(4) If the response states that the approved provider has made an accreditation application in relation to the residential care service, and that a decision has been made not to accredit the service, or that no decision has been made on the application:
(a) the accreditation application is taken to include an exceptional circumstances determination application in relation to the service; and
(b) the date on which the response was received by the Secretary is taken to be the date on which the exceptional circumstances determination application was received by the Secretary.
(5) Subsection (4) applies whether or not the accreditation application complies with section 2.5 of the Accreditation Grant Principles 1999.
(6) Nothing in this section prevents an approved provider of a residential care service from making an exceptional circumstances determination application to the Secretary in relation to the service.
21.3C Matters that may be taken into account
(1) In deciding whether to make a determination under subsection 42‑5 (1) of the Act in relation to a residential care service, the Secretary must take into account the following matters:
(a) the reasons for the residential care service not meeting the standards required for accreditation;
(b) the action that the approved provider conducting the residential care service must take for the service to meet those standards;
(c) the impact of the residential care service not meeting those standards on the residential care, accommodation and other services provided through the service to care recipients.
(2) The Secretary may also take into account any other relevant matter.