User Rights Amendment (Consumer Directed Care) Principles 2015

Administered by Department of Social Services

Legislation au F2015L01016 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Assistant Minister for Social Services

 

Aged Care Act 1997

 

User Rights Amendment (Consumer Directed Care) Principles 2015

 

Purpose

 

To amend the User Rights Principles 2014 (the User Rights Principles) to require all approved providers of home care to provide home care services on a consumer directed care (CDC) basis. This will give older people greater flexibility over their health and wellbeing by allowing them or their representative to make choices regarding their goals, preferences and assessed needs.

 

Background

 

The Aged Care Act 1997 (the Act) provides for the regulation and funding of aged care services. Persons who are approved under the Act to provide aged care services (approved providers) can be eligible to receive subsidy payments in respect of the care they provide to approved care recipients.

 

Section 96-1 of the Act allows the Minister to make Principles providing for various matters required or permitted by a Part or section of the Act.

 

Among the Principles made under section 96-1 is the User Rights Principles.

 

The User Rights Principles set out the responsibilities of approved providers in delivering residential or home care services. For home care, the Principles specify approved provider responsibilities in relation to, for example, the details that are to be included in home care agreements with the care recipient, information that must be given to care recipients, and the rights and responsibilities of care recipients.

 

The User Rights Amendment (Consumer Directed Care) Principles 2015 (the Amending Principles) amend the User Rights Principles to require all providers of home care to deliver home care on a CDC basis.

 

Currently, only some providers are required to deliver home care on a CDC basis.

For these providers, the requirements relating to CDC are outlined in conditions of allocation (made under section 14-5 of the Act) that apply to new places allocated after 1 August 2013. From 1 July 2015, these conditions of allocation will be revoked and replaced with the CDC responsibilities described in the Amending Principles. This provides greater transparency and ensures that the CDC requirements are consistent for all home care providers and all home care recipients, regardless of when the home care place was allocated.

 

 

 

Some of the specific elements of CDC that are reflected in the Amending Principles include:

 

  • new approved provider responsibilities requiring home care providers to give care recipients an individualised budget and a monthly statement of available funds and expenditure; and

 

  • changes to the ‘Charter of care recipients’ rights and responsibilities – home care’ (in Schedule 2 of the User Rights Principles) to embed CDC requirements relating to choice and flexibility, care and services, individualised budgets and monthly available funds and expenditure statements.   

 

The Amending Principles rely on section 96‑1 of the Act, which enables making of User Rights Principles to provide for matters required or permitted under Part 4.2 of the Act. Paragraph 56-2(l) of the Act enables additional approved provider responsibilities to be specified in the User Rights Principles. The Amending Principles also rely on subsection 33(3) of the Acts Interpretation Act 1901 to amend existing User Rights Principles.

 

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers 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 like manner and subject to like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

The Amending Principles are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Commencement

 

The Amending Principles commence on 1 July 2015.

 

Consultation

 

The requirement for all home care services to be delivered on a CDC basis from 1 July 2015 was identified as part of the reforms developed in close consultation with the aged care sector, including consumers, industry and professional bodies. 

 

Since 2012 there has been ongoing consultation on the reform measures, including the introduction of CDC for all home care providers.

 

During early 2015 the Department of Social Services (the Department) held briefing sessions with stakeholders in Sydney, Port Macquarie, Darwin, Melbourne, Shepparton, Hobart, Launceston, Perth, Bunbury, Adelaide, Port Augusta, Brisbane, Townsville, Alice Springs and Canberra. The feedback provided through these sessions has informed the development of the Amending Principles.

 

On 22 April 2015, the Department also published a Home Care Packages Programme Consultation Paper and an Exposure Draft of the Amending Principles. Stakeholders were given until 8 May 2015 to make submissions. The Department received 58 submissions from members of the public, peak bodies and approved providers. Submissions received via the consultation were used to inform changes to the draft Amending Principles.

 

Overall, stakeholders strongly supported the proposed new provisions relating to CDC. A number of useful changes were suggested (to increase flexibility or to further reinforce the nature of the partnership between providers and care recipients) and these changes have been reflected in the Amending Principles.

 

In a number of submissions, stakeholders also sought further explanatory information about the proposed changes. This Explanatory Statement includes some of this additional contextual information requested by stakeholders.

 

The Amending Principles and stakeholder comments were also reviewed by the National Aged Care Alliance’s Home Care Packages Advisory Group. This group comprises peak provider bodies, carers’ representatives, care recipient representatives and allied health professionals.

 

Regulation Impact Statement (RIS)

 

The Office of Best Practice Regulation (OBPR) has advised that the Regulatory Impact Statement (ID:12602) approved as part of the Living Longer Living Better aged care reforms remains valid for the changes being made in these Amending Principles. OBPR confirms that no further assessment is required.


Explanation of the provisions

 

Clause 1 states that the name of the Amending Principles are the User Rights Amendment (Consumer Directed Care) Principles 2015.

 

Clause 2 states that the Amending Principles commence on 1 July 2015.

 

Clause 3 provides that the Amending Principles are made under section 96-1 of the Aged Care Act 1997.

 

Clause 4 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 the instrument has effect according to its terms.

 

Schedule 1 - Amendments

 

Item 1 inserts two new sections into Division 3 of Part 3 of the User Rights Principles (sections 21A and 21B).

 

CDC gives care recipients greater flexibility over their own health and wellbeing by allowing them to make choices about the types of care and services they access and the delivery of those services.

 

CDC also provides care recipients with clear information about what funding is available for their care and services and how those funds are spent through an individualised budget and monthly available funds and expenditure statement. These tools ensure that providers and care recipients have a shared understanding of available resources and how those resources are being expended in order to meet the care recipient’s needs.

 

The requirement for providers to develop an itemised budget is reflected in the new section 21A, and the requirement for providers to give care recipients a monthly statement of available funds and expenditure is described in the new section 21B.

 

Section 21A – Individualised budget to be given to care recipient

 

The new section 21A requires approved providers of home care services to develop, in partnership with the care recipient, an individualised budget for the home care to be provided to the care recipient.

 

Subsection 21A(2) requires that the budget must be prepared having regard to:

 

  • the care recipient’s goals, assessed needs and preferences. For example, the care recipient may wish to select services (or the way that services are to be delivered) based on the person’s cultural, linguistic, religious or spiritual preferences, sexual orientation or gender identity;

 

  • the resources available to the provider to provide the home care services (that is, the value of the home care package). The value of the package consists of the subsidies and supplements paid by the Australian Government, any fees the care recipient is charged, and, for non-continuing care recipients, the maximum income tested care fee calculated by the Australian Government.  While the care and services able to be provided will be limited by available resources, there will be scope for providers to sub-contract or broker services from other providers, in order to deliver the comprehensive package of care and services that may be agreed between the provider and the care recipient; and

 

  • the services selected by the care recipient and set out in the care plan. The Quality of Care Principles 2014 (Quality of Care Principles) set out a number of requirements relating to the services that may be selected and the way that the services are to be delivered. These requirements remain unchanged. For example, the Quality of Care Principles require that:

 

        the services selected by the care recipient (and provided by the approved provider) can be chosen from the list of care and services specified in Part 1 of Schedule 3 of the Quality of Care Principles. These services include, for example, personal assistance (such as bathing and dressing), assistance with preparing meals, assistance in continence management, support services (such as cleaning and laundry) and certain clinical services such as nursing and allied health services;

 

        certain services may not be included in the package of home care services provided (such as use of package funds to pay home care fees or to purchase food); and

 

        the services must be consistent with the care recipient’s care needs (as identified in the care plan) and be provided in a way that meets the Home Care Common Standards.

 

Subsection 21A(2) also requires that the itemised budget must set out:

 

  • the amount of home care subsidy payable by the Commonwealth Government to the approved provider in respect of the care provided to the care recipient, noting that the amount of home care subsidy payable:

 

        is worked out in accordance with section 48-1 of the Act (for care recipients who entered care on or after 1 July 2014) and under section 48-1 of the Aged Care (Transitional Provisions) Act 1997 for continuing care recipients (i.e. those who commenced receiving care home care prior to 1 July 2014 and have not ceased being provided with care for more than 28 days, changed care types, or elected in writing to be covered by the Act with respect to subsidy and fees); and

 

        includes any primary supplements (such as the oxygen supplement or the enteral feeding supplement) and any other supplements (such as the hardship supplement and viability supplement).

 

  • the maximum amount of home care fees payable by the care recipient. The maximum amount of home care fee payable by the care recipient is worked out under Division 52D of the Act or Division 60 of the Aged Care (Transitional Provisions) Act 1997 and section 130 of the Aged Care (Transitional Provisions) Principles 2014 (based on whether the care recipient is a non‑continuing or continuing care recipient, which is determined by when he or she commenced receiving home care).

 

Subsection 21A(3) requires that the individualised budget must be given to the care recipient as soon as practicable after the approved provider has all the necessary information to complete the budget. While it is expected that the budget will be provided as soon as possible after the care recipient commences receiving home care (and in line with the provision of the care plan which must be given within 14 days) it is recognised that it may take some time to develop the itemised budget. This is because it is expected consultation will be undertaken with the care recipient and adequate time will be provided to develop a partnership approach.

 

Subsections 21A(4), (5) and (6) deal with revisions to the budget.

 

It is expected that the budget will be revised and provided to the care recipient in three circumstances:

 

  • if there is a significant change to the care and services to be provided to the care recipient;
  • if the costs of providing the home care services change significantly; or
  • if the care recipient requests the approved provider to review and revise the budget.

 

If the care recipient requests the budget be reviewed and revised, the revised budget must be provided to the care recipient within 14 days of the care recipient making the request.

 

As noted above, the purpose of the individualised budget is to identify the associated costs for each of the services that a care recipient may expect to receive. Some of the services may be recurring (such as daily assistance with showering and weekly assistance for domestic services), whilst other services may be one off.

 

For this reason, section 21A does not specify a set period for the budget. Rather, it is up to the provider and the care recipient to determine an appropriate period based on, for example, the type of care to be provided and the care recipient’s goals. For example, a care recipient and provider may agree that an intensive focus on reablement will be the goal for the first six months, in which case they may wish to set a budget for six months only. Following a review of the care recipient’s care needs and goals, the care recipient and provider could agree that care and services should now focus on a maintenance regime over the next 12 months. A new budget would be developed to reflect the change in goals and care needs for the 12 month period.

 

Subsection 21A(7) provides that the care recipient must be informed of, and helped to understand, the individualised budget. This is consistent with the existing requirement of the ‘Charter of care recipients’ rights and responsibilities – home care’, which provides that each care recipient has the right to be helped to understand any information that he or she is given.

 

Section 21B – Monthly statement of available funds and expenditure to be given to care recipient

 

New section 21B requires approved providers of home care services to give each care recipient a written monthly statement of available funds and expenditure, and sets out what must be specified in the monthly statement (subsection 21B(2)) and when the monthly statement must be provided (subsection 21B(3)).

 

The monthly statement must specify:

 

  • the amount of home care subsidy paid or payable for the care recipient in respect of the month;
  • the total amount of home care fees paid, or payable, by the care recipient in respect of the month;

In relation to care recipients who are subject to the fee arrangements in Division 52D of the Act, the income tested care fee to be included is the maximum income tested care fee which a consumer is liable to pay, as calculated by the Australian Government, even where the resident does not pay that fee or the fee is not collected by the provider.

  • the total amount paid or payable by the approved provider in providing home care to the care recipient during the month;
  • an itemised list of the care and services provided to the care recipient during the month and the total amount paid or payable for each kind of care or service;
  • the total amount of unspent funds from previous months that were received, or are to be received, for the provision of home care to the care recipient;

The amount of unspent funds includes the maximum income tested care fees paid or payable in respect of care recipients subject to Division 52D of the Act, even where the care recipient does not pay that fee or the fee is not collected by the provider.

  • a statement that the care recipient is not entitled to a refund of unspent home care fees if the care recipient ceases receiving care from the provider. The only amounts of home care fees that are refundable are fees that have been overpaid by the care recipient (section 13 of the Fees and Payments Principles 2014 (No 2) and any fees paid in advance of the date from which the services cease (paragraph 52D-1(2)(d) of the Act).

 

The approved provider must give the monthly statement to the care recipient as soon as practicable after the approved provider has all necessary information to prepare the statement.

 

Consistent with feedback from consultations, and to ensure flexibility in the monthly delivery of statements, it is expected that approved providers will give care recipients 12 statements in any given year. However, it is not expected those statements will be based on a calendar month, but will instead be influenced by:

  • when a care recipient started receiving care through the services;
  • the approved provider’s regular reporting cycle; and
  • the regular subsidy payment cycle from the Department.

 

For example, the period covered by a statement does not necessarily need to be from the first to the last day of each calendar month. Rather, a statement could cover an alternative period such as from 15 May to 15 June.

 

The following examples demonstrate how amounts which relate to a specific period should be included in the monthly statement, even where the amounts are not received or paid during that period. For example, assuming that the provider and care recipient have agreed to monthly statements based on a calendar month:

 

  • In January the subsidy payable by the Department of Human Services (DHS) in respect of a care recipient based on the care recipient’s package level and the income tested care fee is $200. However, DHS does not pay any subsidy during the month of January. Instead DHS pays the amount of subsidy calculated for January in December. Even though the provider receives the amount of subsidy in December, the amount which relates to January should be included in the January monthly statement to the care recipient. This would ensure the provider has met his/her obligations under paragraph 21B(2)(a).
  • As per the care plan, a care recipient receives 1 hour of physiotherapy in January at a cost of $40. The physiotherapist does not issue their invoice to the provider until April. However, the care recipient’s January monthly statement would include physiotherapy services at a cost of $40 in the list of care and services provided and the amount payable in relation to that care recipient during that statement period.  (paragraphs 21B(2)(c) and 21B(2)(d))
  • DHS advises that a care recipient is liable to pay an income tested care fee of $5 per day. In January this would be $155. The care recipient and provider agree that the care recipient does not need to pay the fee in January. However, the monthly statement for January still needs to include $155 as the home care fees payable. (paragraph 21B(2)(b))

 

Subsection 21B(4) provides that the care recipient must be informed of, and helped to understand, a monthly statement given to the care recipient. This is consistent with the existing requirement of the ‘Charter of care recipients’ rights and responsibilities – home care’, which provides that each care recipient has the right to be given help to understand any information that he or she is given.

 

The way the provider meets this obligation will differ, depending on the wishes and capacity of the care recipient (and his or her representative). Some care recipients may require information to be translated; some may require the statement to be explained only once; and others may require the statement to be explained more than once, in order for them to properly understand the purpose of the statement. It is not the intention of Government to stipulate or mandate the various approaches providers might adopt in order to satisfy this requirement but rather to describe the outcome sought (that care recipients are informed about, and helped to understand, the documents that they are provided with).

 

Items 2, 3 and 4 amend section 23 of the User Rights Principles which describes the requirements relating to home care agreements.

 

Currently section 23 requires home care agreements to specify whether home care will be delivered on a CDC basis. From 1 July 2015, all home care must be provided on a CDC basis. Item 2 therefore amends subparagraph 23(2)(b)(i) to provide that the home care agreement must contain a statement specifying the home care must be delivered on a CDC basis.

 

Item 3 repeals and substitutes subparagraph 23(2)(b)(v) of the User Rights Principles. The repealed provision required home care agreements to include a statement specifying that the provider will give a care plan, and any changes to the care plan, to the care recipient. The amendment extends this requirement to also cover individualised budgets.

 

Item 4 repeals and substitutes paragraph 23(2)(c) of the User Rights Principles.  Item 4 also inserts new paragraphs 23(2)(ca), 23(2)(cb) and 23(2)(cc) in the User Rights Principles.

 

Substituted paragraph 23(2)(c) requires that, in respect of a non-continuing care recipient, the provider must include a statement setting out which home care fees the provider will charge, in accordance with the maximum fees the provider can charge under Division 52D of the Act. The fees that may be charged are the basic daily fee, the compensation fee, the income tested care fee and any other amounts agreed between the care recipient and provider. The amendment requires a provider to identify which fees the provider will charge the care recipient. This should reflect the provider’s fees policy and the fees negotiated with the care recipient, but not the dollar amount of those fees.

 

New paragraph 23(2)(ca) inserts the same requirement but in respect of a continuing care recipient. The statement to be included in the home care agreement will note that the provider may charge home care fees in accordance with Division 60 of the Aged Care (Transitional Provisions) Act 1997. The statement will also set out which fee, if any, as determined in accordance with section 130 of the Aged Care (Transitional Provisions) Principles 2014, the provider will charge. Note that the compensation fee is not applicable, and the terms basic daily fee and income tested care fee are not used in the Aged Care (Transitional Provisions) Act 1997 or the associated Principles.

 

New paragraphs 23(2)(cb) and 23(2)(cc) insert a requirement that two additional statements must be included in home care agreements that are entered into on or after 1 July 2015:

 

  • new paragraph 23(2)(cb) requires home care agreements to include a statement specifying that the provider will give the care recipient a monthly statement of available funds and expenditure for care and services provided to the care recipient (consistent with the approved provider’s responsibility as described in new section 21B inserted by Item 1 above); and

 

  • new paragraph 23(2)(cc) requires home care agreements to include a statement that the care recipient is not entitled to a refund of unspent home care fees, unless the amount was paid in advance of the date from which the services cease, or the care recipient has overpaid his or her home care fees.

 

Item 5 inserts a new Part into the User Rights Principles (Part 5) which describes the transitional provisions relating to the new CDC requirements.

 

Part 5 – Transitional provisions

 

Division 1 – Transitional provisions relating to the User Rights Amendment (Consumer Directed Care) Principles 2015

 

Section 25 – Individualised budgets for care recipients being provided with home care

 

New subsections 25(1) and (2) provide that if an approved provider has given a care recipient an individualised budget before 1 July 2015, they are taken to have complied with subsections 21A(1), (2) and (3) in relation to the care recipient. This means that the approved provider is not required to give the care recipient another individualised budget after 1 July 2015.

 

However, subsection 25(3) clarifies that if there is a change to the care and services to be provided, or if the costs of providing care change, or if the care recipient requests a revision to the budget, obligations to review and revise the budget and provide a copy of the revised budget to the care recipient apply even if the original budget was provided before 1 July 2015.

 

Subsections 25(4) and (5) apply where an approved provider has provided care to a care recipient before 1 July 2015 and continues to provide care to the care recipient after 1 July 2015, but has not given the care recipient an individualised budget before 1 July 2015. In these circumstances, the approved provider must give the care recipient an individualised budget, as soon as practicable after 1 July 2015 after obtaining the necessary information to complete the budget.

 

Section 26 – Home care agreements

 

New section 26 provides that amendments to subsection 23(2) (made by items 2, 3 and 4 of the Amending Principles) only apply to home care agreements entered into on or after 1 July 2015. This means existing home care agreements entered into before 1 July 2015 do not need to be amended to comply with the requirements relating to the new CDC-related matters that must be included in home care agreements as a result of the amendments made by this instrument. However, providers must comply with the requirements of CDC.

 

Section 27 - Charter of care recipients’ rights and responsibilities - home care

 

Item 6 amends the ‘Charter of care recipients’ rights and responsibilities - home care’ in Schedule 2 of the User Rights Principles. The amended Charter more explicitly references CDC and emphasises the right of care recipients to exercise choices in relation to the care provided to them. The amended Charter also reflects the requirements relating to individualised budgets and monthly statements that are reflected in new sections 21A and 21B.

 

Specifically, three new subclauses have been added to the Charter relating to:

 

  • choice and flexibility;
  • care and services; and
  • individualised budgets and monthly available funds and expenditure statements.

 

These subclauses replace existing subclauses 1(2) (participation) and 1(3) (care and services).

 

Consumer directed care – choice and flexibility

 

New subclause 1(2) of the Charter provides that each home care recipient has the right:

 

  • to be supported by the approved provider to set goals in relation to the outcomes sought from home care, to determine the level of ongoing involvement and control that he or she wishes to have in the provision of the home care, to make decisions relating to his or her own care and to maintain his or her independence as far as possible;

 

        The development of respectful and balanced partnerships between care recipients and providers is critical for the care recipient’s control and empowerment. Part of creating such a partnership is to determine the level of control the care recipient wishes to exercise. This will be different for every individual with some requiring or wanting assistance and others choosing to manage on their own;

 

        Where a care recipient is unable to, or does not wish to, make such decisions or exercise such control, another person may represent the care recipient, taking into account the care recipient’s goals, preferences and assessed needs;  

 

  • to choose the care and services that best meet his or her goals, preferences and assessed needs within the limits of the resources available. A core element of CDC is care recipients are empowered to choose the services that best meet their goals and needs. This is done in close consultation so the care recipient can be guided by advice from the provider about services that may be of assistance, and providers can be guided by care recipients regarding their goals, preferences and preferred care arrangements. This subclause recognises that the services able to be provided to the care recipient will necessarily be restrained by the value of the care package (i.e. the resources available to support the care);

 

  • to have choice and flexibility in the way the care and services are provided at home. CDC is designed to enable care recipients to exercise choice not just about the services they receive but also when and how they receive such services. For example, a care recipient may wish to exercise choice about the time of day that they receive personal assistance services;

 

  • to participate in making decisions that affect him or her. CDC gives care recipients flexibility in determining what level of involvement they would like to have in managing their own home care services. This could range from involvement in all aspects of the care and services, including co-ordination of care and services, to a less active role in decision-making. Alternatively care recipients may seek the assistance of another person to represent them in making decisions about their care; and

 

  • to have his or her representative participate in decisions relating to his or her care. There are two main circumstances in which this may occur – where the care recipient invites the representative to participate, and where the care recipient requires the assistance of a representative because he or she is unable to make or no longer has capacity to make decisions.

 

Consumer directed care - care and services

 

In summary, new subclause 1(3) provides that each care recipient has the right:

 

  • to receive reliable, coordinated, safe, quality care and services which are appropriate to meeting his or her goals, preferences and assessed needs. Previously, this right only referred to the services reflecting the care recipient’s assessed needs. This has been expanded such that the services should reflect not only the care recipient’s assessed needs but also their goals;

 

  • to be given before, or within 14 days after, he or she commences receiving home care, a written plan of the care and services that he or she expects to receive. This right remains unchanged in the Charter;

 

  • to receive care and services that take account of his or her other care arrangements and preferences. Consistent with feedback from consultation it is intended this provision will operate to ensure a care recipient has the right to receive care and services that take into account his or her preferences. This may include, but is not limited to, the person’s cultural, linguistic, religious or spiritual preferences, sexual orientation or gender identity; and

 

  • to ongoing review of the care and services he or she receives (both periodic and in response to changes in his or her personal circumstances), and modification of the care and services as required. This right remains unchanged in the Charter.

 

Consumer directed care - individualised budget and monthly financial statements

 

New subclause 1(3A) provides that each care recipient has the right:

 

  • to be given an individualised budget for the care and services to be provided;

 

  • to have his or her individualised budget reviewed, and if necessary revised, if the care and services to be provided, or the costs of providing the care and services, change. The budget may also be reviewed and revised at the request of the care recipient; and

 

  • to receive a monthly statement of available funds and expenditure in respect of the care and services provided during the month.

 

These rights reflect the approved provider responsibilities described in new sections 21A and 21B.

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

User Rights Amendment (Consumer Directed Care) Principles 2015

 

The User Rights Amendment (Consumer Directed Care) Principles 2015 are 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 the Legislative Instrument

 

The Legislative Instrument amends the User Rights Principles 2014 (the User Rights Principles) to embed consumer directed care (CDC) requirements in the User Rights Principles and extend CDC requirements to all approved providers of home care. The CDC requirements imposed by the Legislative Instrument include:

 

  • that a budget be prepared by home care providers in partnership with the care recipient and having regard to the care recipient’s goals, assessed needs and preferences, along with the resources available for services and the service selected by the care recipient; 
  • that approved providers of home care services provide each care recipient with a written monthly statement of available funds and expenditure;
  • changes to the ‘Charter of care recipients’ rights and responsibilities - home care’ to describe the care recipient’s rights with respect to CDC; and
  • transitional provisions for approved providers who are currently providing home care on a CDC basis.

 

Human rights implications

 

The Legislative Instrument is compatible with the right to an adequate standard of living and the right to the enjoyment of the highest attainable standard of physical and mental health contained in article 11(1) and article 12(1) of the International Covenant on Economic, Social and Cultural Rights, and article 25 and article 28 of the Convention on the Rights of Persons with Disabilities. The Legislative Instrument allows each recipient of home care to receive reliable, coordinated, safe and quality care and services that are appropriate to his or her assessed needs and to personally direct that care.

 

The Legislative Instrument is compatible with the right to culture as contained in article 15 of the International Covenant on Economic, Social and Cultural Rights and article 27 of the International Covenant on Civil and Political Rights. By allowing all recipients of home care to direct the care they receive, the Legislative Instrument allows recipients to receive care and services that take account of their cultural, linguistic, religious or spiritual preferences, sexual orientation or gender identity.

 

Conclusion

The Legislative Instrument is compatible with human rights because it promotes the human right to health and the right to an adequate standard of living and the right to culture.

 

The legislative instrument will assist in promoting a key object of the Act, namely to protect the health and well-being of recipients of aged care services.

 

 

Senator the Hon Mitch Fifield

Assistant Minister for Social Services

 

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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.