Aged Care Act 1997
User Rights Principles Amendment (No. 6) 1997
I, WARWICK SMITH, Minister for Family Services, make the following Principles under subsection 96-1 (1) of the Aged Care Act 1997.
Dated 2 December 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. 6) 1997.
2. Amendment
2.1 The User Rights Principles 19971 are amended as set out in these Principles.
3. Commencement
3.1 Sections 1, 2, 3 and 4.1 are taken to have commenced on 6 November 1997.
3.2 Sections 4.2, 4.3 and 4.4 commence on 3 December 1997.
4. Section 23.83A (Capped bond—amount to be taken into account)
4.1 Subsection 23.83A (1):
Omit paragraph 23.83A (1) (a), substitute:
“(a) either:
(i) section 23.52B applies; or
(ii) both:
(A) section 57-13 of the Act (Maximum amount of accommodation bond if care recipient moves between residential care services) applies to the entry of the care recipient to another aged care service at a high level of residential care; and
(B) the care recipient and the other residential care service agree that an accommodation bond is not payable; and”.
4.2 Paragraph 23.83A (2) (a):
Omit “not more than $6.00”, substitute “the lesser of $6.00 and the ceiling amount”.
4.3 Paragraph 23.83A (2) (b):
Omit “not more than $12.00”, substitute “the lesser of $12.00 and the ceiling amount”.
4.4 Add at the end:
“(5) For subsection (2), the ceiling amount is the amount worked out in the following way:
(a) work out the value of the care recipient’s assets under section 44-10 of the Act;
(b) subtract the amount worked out under paragraph 44-7 (1) (c) of the Act;
(c) divide the result by 5;
(d) divide the result by 365.
Note: On 3 December 1997, the amount worked out under paragraph 44-7 (1) (c) of the Act is $22,500.00.”.
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;
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;
User Rights Principles Amendment (No. 5) 1997 notified in the Commonwealth of Australia Gazette on 21 November 1997.