Aged Care Act 1997
User Rights Principles Amendment (No. 5) 1997
I, WARWICK SMITH, Minister for Family Services, make the following Principles under subsection 96-1 (1) of the Aged Care Act 1997.
Dated 20 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. 5) 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 21 November 1997.
4. Section 23.3 (Definitions)
4.1 Insert the following definition:
“complying former hostel means an aged care service that:
(a) was an approved hostel under section 10B of the Aged or Disabled Persons Care Act 1954 on 30 September 1997; and
(b) complies with Division 3A (Prudential requirements for former hostels).”.
5. Section 23.28 (Information about accommodation bonds)
5.1 Add at the end:
“(3) Paragraph (2) (k) does not apply to a complying former hostel.”.
6. Section 23.33 (Application)
6.1 Add at the end:
“(2) However, this Division does not apply in relation to a complying former hostel.”.
7. New section 23.38B
7.1 After section 23.38, insert:
23.38A Complying former hostels—refunds
“The trustee must repay accommodation bonds received from a complying former hostel on written application by it.”.
8. New Division 3A
8.1 After section 23.40, insert:
“Division 3A—Prudential requirements for former hostels
23.40A Purpose of Division (Act, s 57-4)
“This Division specifies requirements that may be met by approved providers in relation to approved hostels under section 10B of the Aged or Disabled Persons Care Act 1954 on 30 September 1997.
23.40B Requirements
“The approved provider must:
(a) comply with any requirements of the Secretary, including requirements about:
(i) keeping records of accommodation bonds:
(ii) maintaining financial and other information;
(iii) reporting; and
(b) hold refundable accommodation bond balances securely; and
(c) ensure it has access to sufficient liquid funds to comply with section 57-21 of the Act; and
(d) tell each existing and incoming care recipient who pays or agrees to pay an accommodation bond how the bond balance is protected.”.
9. New section 23.46A
9.1 After section 23.46, insert:
23.46A Complying former hostels—refunds
“The sponsoring organisation must repay accommodation bonds received from a complying former hostel on written application by it.”.
10. Section 23.82 (Purpose of Part (Act, s 58-1)
10.1 Omit “the method of working out an amount to”, substitute “amounts that may”.
11. New section 23.83B
11.1 After section 23.83A, insert:
23.83B Interest if additional fees not paid when due
“(1) This section applies to a care recipient if the care recipient does not pay an amount mentioned in subsection 23.83A (2) when it is due.
“(2) Interest on the outstanding amount at a rate not more than twice the below threshold rate determined under subsection 1082 (1) of the Social Security Act 1991 is specified.”.
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;
User Rights Principles Amendment (No. 2) 1997 notified in the Commonwealth of Australia Gazette on 3 November 1997;
User Rights Principles Amendment (No. 3) 1997 notified in the Commonwealth of Australia Gazette on 6 November 1997;
User Rights Principles Amendment (No. 4) 1997 notified in the Commonwealth of Australia Gazette on 10 November 1997.