Aged Care Act 1997
User Rights Principles Amendment (No. 3) 1997
I, WARWICK SMITH, Minister for Family Services, make the following Principles under subsection 96-1 (1) of the Aged Care Act 1997.
Dated 6 November 1997.
warwick smith
Minister for Family Services
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1. Citation
1.1 These Principles may be cited as the User Rights Principles Amendment (No. 3) 1997.
2. Amendment
2.1 The User Rights Principles 19971 are amended as set out in these Principles.
3. Commencement
3.1 These Principles commence on 6 November 1997.
4. Section 23.3 (Definitions)
4.1 Insert the following definition:
“low level of care has the meaning given by the Classification Principles 1997.”.
5. New Division 5A of Part 4
5.1 After section 23.52, insert:
“Division 5A—Maximum amount of accommodation bond
23.52A Purpose of Division (Act, s 57-12)
“This Division specifies the maximum amount of an accommodation bond for the entry of a person as a care recipient to a residential care service.
23.52B Maximum amount
“(1) The maximum amount is $1 if the person has not entered an accommodation bond agreement before 6 November 1997 and subsections (2) and (3) apply to the person.
“(2) The place provided to the person is not an extra service place.
“(3) Either:
(a) the person enters an aged care service at a high level of residential care; or
(b) the person:
(i) enters an aged care service at a low level of care; and
(ii) elects in writing to pay an additional fee under section 23.83A.”.
6. Section 23.71 (Maximum retention amount)
6.1 Subsection 23.71 (2):
Omit the subsection, substitute:
“(2) However, despite subsections (3) and (4), the maximum retention amount for a care recipient is:
(a) for a later year—the same as the maximum retention amount for the first year; and
(b) if section 23.52B applies to the person—nil.”.
7. New section 23.83A
7.1 After section 23.83, insert:
23.83A Capped bond—amount to be taken into account
“(1) This section applies to a care recipient if:
(a) section 23.52B applies; and
(b) the residential care service is certified under Part 2.6 of the Act; and
(c) the certification of the residential care service has not ceased to have effect.
Note: Section 23.52B cannot apply to a concessional resident, and so this section cannot apply to a concessional resident.
“(2) The following amounts are specified for a person who has entered an aged care service at a high level of residential care:
(a) for an assisted resident—not more than $6.00; and
(b) for any other resident—not more than $12.00.”.
NOTE
1. User Rights Principles 1997 notified in the Commonwealth of Australia Gazette on 29 September 1997, as amended by User Rights Principles Amendment (No. 1) 1997 notified in the Commonwealth of Australia Gazette on 29 September 1997, and User Rights Principles Amendment (No. 2) 1997 notified in the Commonwealth of Australia Gazette on
3 November 1997.