EXPLANATORY STATEMENT
Issued by the authority of the Minister for Mental Health and Ageing
Aged Care Act 1997
User Rights Amendment Principles 2012 (No. 4)
The Community Visitors Scheme (CVS) is a national program funded under the Aged Care Act 1997 (the Act). The CVS helps to establish links between people living in an aged care service and their local community. The CVS aims to improve the quality of life of residents of aged care services who have limited family and social contact, and may be at risk of isolation from the general community for social or cultural reasons, or through disability. The CVS arranges community volunteers to visit selected aged care residents on a regular basis. Access to an approved provider’s residential care service is essential to the operation of the CVS.
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 are the User Rights Principles 1997 (User Rights Principles).
The purpose of the User Rights Amendment Principles 2012 (No. 4) (the Amending Principles) is to amend an error in section reference. Section 23.3 of the User Rights Principles sets out definitions, including the definition of an ‘authorised body’. The reference in this definition to ‘Division 4 of Part 2’ is a drafting error, as the term ‘authorised body’ does not occur in Division 4 of Part 2; however, the term does occur in section 23.10 which is in Division 3 of Part 2.
Consultation
As the amendment in the Amending Principles is to rectify an error in drafting only, no specific consultation was undertaken in relation to this instrument.
Regulation Impact Statement
The Office of Best Practice Regulation has advised that no Regulation Impact Statement is required (OBPR ID 14239).
Commencement
This instrument commences on the day after registration.
Amending Principles are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
User Rights Amendment Principles 2012 (No. 4)
This Legislative Instrument is 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 purpose of the User Rights Amendment Principles 2012 (No. 4) is to amend an error in section reference. Section 23.3 of the User Rights Principles sets out definitions, including the definition of an ‘authorised body’. The reference in this definition to ‘Division 4 of Part 2’ is a drafting error, as the term ‘authorised body’ does not occur in Division 4 of Part 2; however, the term does occur in section 23.10 which is in Division 3 of Part 2.
Human Rights Implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Mark Butler
Minister for Mental Health and Ageing