User Rights Amendment Principles 2001 (No. 2)
I, BRONWYN KATHLEEN BISHOP, Minister for Aged Care, make these Principles under section 96-1 of the Aged Care Act 1997.
Dated 5th October, 2001
BRONWYN BISHOP
Minister for Aged Care
1 Name of Principles
These Principles are the User Rights Amendment Principles 2001 (No. 2).
2 Commencement
These Principles commence on gazettal.
3 Amendment of User Rights Principles 1997
Schedule 1 amends the User Rights Principles 1997.
4 Transitional
(1) Subsection 23.40B (3) of the User Rights Principles 1997, as in force immediately before the commencement date, continues to apply to a statement by an approved provider if the financial year to which the statement relates ends before that date.
(2) If a statement by an approved provider relates to a financial year that ends on or after the commencement date but covers a period (the earlier period) before that date:
(a) paragraph 23.40B (3) (c) of the User Rights Principles 1997, as in force immediately before that date, continues to apply to the statement as if the reference to the year in that paragraph were a reference to the earlier period; and
(b) paragraph 23.40B (3) (d) of the User Rights Principles 1997, as amended by these Principles, applies to the statement as if the reference to the year in that paragraph were a reference to the part of the financial year that falls within the period commencing on that date.
(3) In this section:
commencement date means the date of commencement of these Principles.
Schedule 1 Amendments
(section 3)
[1] Subsection 23.40B (1)
substitute
(1) The approved provider must give each care recipient who has paid an accommodation bond a written guarantee of refund of the accommodation bond balance to the care recipient in accordance with the Act.
(1A) The approved provider must have, throughout the year, enough insurance to cover losses arising from fraud, loss of earnings, fire, flood or other reasonably insurable events that may affect the ability of the approved provider to refund accommodation bond balances.
[2] Paragraph 23.40B (2) (b)
omit
repaid.
insert
refunded.
[3] Subsection 23.40B (3)
substitute
(3) The statement must state:
(a) whether accommodation bond agreements required to be entered into during the year between the approved provider and care recipients have been entered into in accordance with the Act; and
(b) whether the approved provider has given each care recipient who has paid an accommodation bond during the year a written guarantee in accordance with subsection (1); and
(c) whether the accommodation bond balances required to be refunded during the year by the approved provider to care recipients have been refunded in accordance with the Act; and
(d) whether the approved provider has, in accordance with subsection (1A), had enough insurance, throughout the year, to cover losses arising from fraud, loss of earnings, fire, flood or other reasonably insurable events that may affect the ability of the approved provider to refund accommodation bond balances; and
(e) whether the approved provider can repay, in accordance with the Act, liabilities for accommodation bond balances that can be expected to fall due in the following financial year; and
(f) whether the approved provider has, during the year, given a copy of the latest statement to each care recipient in accordance with paragraph (2) (b) and to each prospective care recipient in accordance with subsection (5).