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
Overview
The Aged Care Act 1997 was enacted by the Australian Parliament to address the need for quality care and support for elderly individuals requiring residential aged care. The Act provides a framework for the provision of aged care services, including the establishment of the Community Visitors Scheme (CVS). The CVS is designed to connect aged care residents with the local community, aiming to enhance their quality of life and mitigate risks of social isolation. One of the key elements of the Act is the set of User Rights Principles, which were further amended by the User Rights Amendment Principles 2012 (No. 4). This legislative instrument was introduced to correct a drafting error in the definition of an ‘authorised body’, which was incorrectly referenced in section 23.3 of the User Rights Principles. The error was rectified to align with the correct section, 23.10 in Division 3 of Part 2. The purpose of these amendments was purely corrective, ensuring the legislative framework functions as intended without any human rights implications.
Scope and Application
The User Rights Amendment Principles 2012 (No. 4) is a legislative instrument under the Aged Care Act 1997, which applies to the national Community Visitors Scheme (CVS). The CVS is designed to facilitate connections between aged care residents and their local communities, aiming to enhance the quality of life for those at risk of social isolation. The Amending Principles specifically address a drafting error in the definition of an 'authorised body' in Section 23.3 of the User Rights Principles 1997, correcting the erroneous reference from 'Division 4 of Part 2' to the correct 'Division 3 of Part 2' where the term actually occurs. This amendment is a technical correction and does not alter the substantive rights or obligations of any entities or individuals under the Aged Care Act. The Amending Principles apply across Australia, given the national scope of the CVS, and are intended solely to rectify the aforementioned drafting mistake. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms and does not raise any human rights issues. The Amending Principles are effective from the day after their registration and are governed by the Legislative Instruments Act 2003.
Key Provisions
The main operative sections of the User Rights Amendment Principles 2012 (No. 4) pertain to the correction of a drafting error in the User Rights Principles 1997. Specifically, Section 23.3 of these Principles contains definitions for various terms, including ‘authorised body’. This section erroneously refers to ‘Division 4 of Part 2’ of the Aged Care Act 1997, whereas the correct reference should be to ‘Division 3 of Part 2’ as per Section 23.10. This amendment rectifies the misreference to ensure the correct definition of ‘authorised body’ is applied throughout the legislation. The legislative instrument itself does not introduce new provisions or alter existing obligations but corrects a previous oversight in the statutory text.
The Aged Care Act 1997, as amended by the User Rights Amendment Principles 2012 (No. 4), imposes certain obligations on parties involved in the provision of aged care services. Primarily, these obligations relate to ensuring that the rights and quality of life of residents in aged care facilities are upheld, particularly for those at risk of social isolation. The Community Visitors Scheme (CVS) plays a key role in this by facilitating regular visits from community volunteers, thereby enhancing the social interaction of aged care residents. The Act requires approved providers to facilitate access to their services by CVS volunteers, thereby enabling the scheme to operate effectively. The legislative amendment ensures that the correct legal framework is in place for these obligations to be properly enforced.
There are no specific offences, penalties, or civil/criminal consequences outlined in the User Rights Amendment Principles 2012 (No. 4) itself. However, under the Aged Care Act 1997, failure to comply with the obligations set out in the Act, such as those relating to the Community Visitors Scheme, may result in enforcement actions. Such actions could include fines, orders, or other sanctions imposed by the relevant authorities. The precise penalties for non-compliance would be determined by the relevant provisions of the Aged Care Act 1997 and any applicable regulations or guidelines. The Amending Principles are primarily a technical correction and do not introduce new penalties but ensure that existing enforcement mechanisms are correctly referenced.