EXPLANATORY STATEMENT
Issued by the authority of the Minister for Ageing
Aged Care Act 1997
Residential Care Subsidy Amendment Principles 2005 (No. 4) Amendment Instrument 2005
Subsection 96-1(1) of the Aged Care Act 1997 (“the Act”) allows the Minister to make Principles providing for matters required or permitted by a Part or section of the Act to be provided, or necessary or convenient to be provided, in order to carry out or give effect to that Part or section. Subsection 96-1(2) of the Act provides that Principles are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.
The Residential Care Subsidy Principles 1997 are one of several sets of Principles which have been made under the Act. The Residential Care Subsidy Principles deal with the eligibility for the subsidy, how it is paid and what amount is paid.
On 23 June 2005, the Minister for Ageing made two sets of amendments to the Residential Care Subsidy Principles:
- The Residential Care Subsidy Amendment Principles 2005 (No. 4), FRLI number F2005L01837, which clarify the operation of the financial reporting requirement for the conditional adjustment payment.
- The Residential Care Subsidy Amendment Principles 2005 (No. 4), FRLI number F2005L01721 which change the arrangements for the payment of viability supplement.
The Amendment Instrument will remove any potential for confusion between these two sets of amendments by renumbering the Residential Care Subsidy Amendment Principles 2005 (No. 4), FRLI number F2005L01721. In future the amendments will be referred to as the Residential Care Subsidy Amendment Principles 2005 (No. 5).
This is a technical amendment which seeks to avoid difficulties in the future with referring to, amending or revoking these amendments. There are no changes to the content of the amendments. As a result, no consultation has been undertaken with industry.
The Office of Regulation Review has advised that no Regulation Impact Statement is required for the Amendment Instrument. The Amendment Instrument is a “legislative instrument” for the purposes of the Legislative Instruments Act 2003.
Details of the Amendment Instrument are set out in the Attachment.
ATTACHMENT
NOTES ON CLAUSES
Clauses 1 and 2 set out the title of the Amendment Instrument and its commencement
date (the day after it is registered on the Federal Register of Legislative Instruments).
Clause 3 amends the Residential Care Subsidy Amendment Principles 2005 (No. 4), FRLI number F2005L01721 according to the Schedule.
Item 1 in Schedule 1 substitutes a new name for these Principles. In future, they will be the Residential Care Subsidy Amendment Principles 2005 (No. 5).