EXPLANATORY STATEMENT
Issued by the authority of the Minister for Ageing
Aged Care Act 1997
User Rights Amendment Principles 2009 (No. 3)
The Aged Care Act 1997 (the Act) provides for the regulation and Commonwealth funding of aged care services.
Subsection 96-1(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 subsection 96-1(1) are the User Rights Principles 1997 (the User Rights Principles).
The purpose of the User Rights Amendment Principles 2009 (No.3) (the Amending Principles) is detailed below. The Amending Principles are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
User Rights Amendment Principles 2009 (No. 3)
The purpose of these Amending Principles is to specify for the purposes of paragraph 57A-6 (1) (c) of the Act the maximum daily accrual amount of accommodation charge for a post-2008 reform resident for the period 20 September 2009 to 20 March 2010.
User Rights Amendment Principles (No. 3) will take effect on 20 September 2009, before the User Rights Amendment Principles (No. 2) take effect which is on 1 October 2009. The numerical sequence of these amending principles reflects the order in which the Department sought Ministerial approval for the Amending Principles.
Consultation
As the indexation of the accommodation charge uses a well established formula based on the consumer price index, and is in accordance with policy upon which extensive consultation was undertaken, no specific consultation was undertaken with respect to this instrument.
Information about the increase in the amount of accommodation charge will be disseminated via print and electronic media to approved providers.
Details of the Amending Principles are set out in Attachment A.
ATTACHMENT A
Clause 1 states that the name of the amending Principles is the User Rights Amendment Principles 2009 (No. 3).
Clause 2 states that the Principles commence on 20 September 2009.
Clause 3 states that Schedule 1 amends the User Rights Principles.
Schedule 1 Amendments
Item 1 amends section 23.81P of the User Rights Principles, making typographical changes to allow for new subsections as per Item 2 below and extends the end date of subparagraph 7(d) to 20 September 2010.
Item 2 inserts new subsections 23.81P(5) (b) (iv), 23.81P(6) (c) (iv) and
23.81P(8) (d) (iv),specifying for paragraph 57A-6 (1) (c) of the Aged Care Act 1997 the maximum daily accrual amount of accommodation charge for a post-2008 reform resident.
Overview
The Aged Care Act 1997 was enacted to provide a framework for the regulation and funding of aged care services in Australia. The Act established the necessary mechanisms to ensure that older Australians receive appropriate care and support. One of the key components of the Act is the set of User Rights Principles, which were introduced to safeguard the rights of individuals receiving aged care services. To refine these principles, the User Rights Amendment Principles 2009 (No. 3) were introduced. These amending principles were developed under the authority of the Minister for Ageing and are intended to address the need for updating the maximum daily accrual amount of accommodation charges for post-2008 reform residents, effective from 20 September 2009 to 20 March 2010. The policy objective behind these amendments is to ensure that the aged care system remains fair and responsive to the changing needs of its users.
Scope and Application
The Aged Care Act 1997, as amended by the User Rights Amendment Principles 2009 (No. 3), pertains to the regulation and Commonwealth funding of aged care services, impacting entities and individuals involved in the provision and receipt of these services. The Act applies to aged care providers and consumers within the Commonwealth jurisdiction. The Amending Principles are designed to specify the maximum daily accrual amount of accommodation charges for post-2008 reform residents, effective from 20 September 2009 to 20 March 2010. This legislative instrument is a direct modification of the existing User Rights Principles, aiming to update the financial parameters within the aged care framework. Notably, the Act does not specify exclusions or exemptions, but it does allow for further extension or restriction through subordinate instruments. The changes outlined in the Amending Principles will be communicated to approved providers through various media channels to ensure compliance and awareness.
Key Provisions
The User Rights Amendment Principles 2009 (No. 3) amend the User Rights Principles 1997, which are integral to the Aged Care Act 1997. The primary focus of these Amending Principles is to detail the maximum daily accrual amount of accommodation charge for residents who entered aged care post-2008, specifically for the period between 20 September 2009 and 20 March 2010. This legislative instrument, as noted in Clause 3, is designed to align with the existing framework under the Aged Care Act and to ensure that the accommodation charge is appropriately indexed and communicated to all relevant parties. These amendments are pivotal for maintaining the financial integrity and operational clarity within the aged care system.
Under the Aged Care Act 1997, entities and individuals involved in the provision or receipt of aged care services must adhere to the stipulated principles set out in the legislation. The obligations imposed by the User Rights Amendment Principles 2009 (No. 3) require providers of aged care to accurately calculate and apply the maximum daily accrual amount of accommodation charge as specified. This involves ensuring that all charges levied on residents are within the legal limits set forth by the amending principles. Compliance with these principles is crucial for maintaining transparency and fairness in the aged care sector, ensuring that both providers and residents are operating within the bounds of the law.
The Amending Principles impose clear obligations on aged care providers to correctly implement the specified accommodation charge amounts. Failure to comply with these provisions can lead to legal repercussions. The Aged Care Act 1997 stipulates that any breaches of the user rights principles, including the unauthorised alteration of accommodation charges, can result in civil or criminal penalties. The severity of these penalties can vary, but they are intended to enforce compliance and protect the rights of aged care residents. The precise nature and extent of penalties are governed by the broader provisions of the Aged Care Act and related legislation, ensuring that any breaches are addressed with the appropriate level of seriousness.