Aged Care Act 1997
User Rights Principles Amendment (No. 7) 1997
I, WARWICK SMITH, Minister for Family Services, make the following Principles under subsection 96-1 (1) of the Aged Care Act 1997.
Dated 23 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. 7) 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 24 December 1997.
4. Section 23.3 (Definitions)
4.1 Definition of “complying former hostel”:
Omit the definition, substitute:
“complying aged care service means an aged care service that complies with Division 3A (Prudential requirements for complying aged care services).”.
4.2 Insert the following definition:
“key personnel has the same meaning as in paragraph 9-1 (2) (a) of the Act.”.
5. Section 23.28 (Information about accommodation bonds)
5.1 Subsection 23.28 (3):
Omit “former hostel”, substitute “aged care service”.
6. Section 23.33 (Application)
6.1 Subsection 23.33 (2):
Omit “former hostel”, substitute “aged care service”.
7. Section 23.34 (Aged Care Accommodation Bond Trust)
7.1 Add at the end:
“(4) However, the Trust must not accept an accommodation bond after 23 December 1997.”.
8. Section 23.38A (Complying aged care services—refunds)
8.1 Omit “former hostel”, substitute “aged care service”.
9. Division 3A (Prudential requirements for former hostels)
9.1 Omit the heading, substitute:
“Division 3A—Prudential requirements for complying aged care services”.
10. Section 23.40A (Purpose of Division (Act, s 57-4))
10.1 Omit “approved hostels under section 10B of the Aged or Disabled Persons Care Act 1954 on 30 September 1997”, substitute “aged care services that have charged or want to be able to charge accommodation bonds”.
11. Section 23.40B (Requirements)
11.1 Omit the section, substitute:
23.40B Requirements
“(1) The approved provider must, by written agreement, guarantee repayment of each accommodation bond balance in accordance with the Act to the care recipient who paid the bond.
“(2) Within 4 months after the end of each financial year for an approved provider, the approved provider must:
(a) give a written statement that complies with subsections (3) and (4) to the Secretary; and
(b) give a copy of the statement to each care recipient of the approved provider who has paid an accommodation bond that has not been repaid.
“(3) The statement must state that:
(a) care recipients’ accommodation bond balances required to be repaid during the year have been repaid in accordance with the Act; and
(b) the approved provider can repay liabilities, for accommodation bond balances in accordance with the Act, that can be expected to fall due in the following financial year; and
(c) the approved provider has, throughout the year, had enough insurance to cover losses arising from fraud, loss of earnings, fire, flood or other reasonably insurable events that may affect the ability of the approved provider to refund accommodation bond balances.
“(4) The statement must be:
(a) approved by the company directors or other key personnel of the approved provider; and
(b) certified or qualified by an independent auditor or accountant.
“(5) The approved provider must also give a copy of the latest statement under this section to each prospective care recipient.”.
12. Section 23.42 (Criteria for approval of prudential requirements)
12.1 Add at the end:
“(3) However, prudential requirements under this Division cannot be approved after 23 December 1997.”.
13. Section 23.46A (Complying aged care services—refunds)
13.1 Omit “former hostel”, substitute “aged care service”.
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;
User Rights Principles Amendment (No. 6) 1997 notified in the Commonwealth of Australia Gazette on 3 December 1997.